[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Notices]
[Pages 35069-35071]
[FR Doc No: 2016-12777]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77915; File No. SR-BatsBZX-2016-19]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.24, Opening Process for Non-BZX-Listed Securities

May 25, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 13, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.24, Opening Process
for Non-BZX-Listed Securities, to await a two-sided quotation from the
listing exchange prior to opening a security for trading during Regular
Trading Hours.\5\
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    \5\ See Exchange Rule 1.5(w).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 11.24, Opening Process for Non-
BZX-Listed Securities, to await a two-sided quotation from the listing
exchange prior to opening a non-BZX-Listed security for trading during
Regular Trading Hours.\6\
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    \6\ The opening process for BZX-Listed Securities is set forth
under Exchange Rule 11.24(b).
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    Exchange Rule 11.24 describes the Exchange's current opening
process for non-BZX-Listed securities. Subparagraph (a) to Rule 11.24
states that prior to the beginning of the Regular Trading Hours, Users
\7\ who wish to participate in the Opening Process may enter orders to
buy or sell.\8\ Subparagraph (a)(2) to Rule 11.24 provides that, with
certain exceptions,\9\ all orders with a time-in-force instruction of
Regular Hours Only may participate in the Opening Process. Subparagraph
(b) to Rule 11.24 states that the Exchange will open by performing the
Opening Process in which the System will attempt to match buy and sell
orders that are executable at the midpoint of the National Best Bid and
Offer (``NBBO''). Subparagraph (c) to Exchange Rule 11.24 sets forth
the process by which the System sets the opening price of the Opening
Process. Currently, the System \10\ sets the price of the Opening
Process at the midpoint of the first NBBO after 9:30:00 a.m. Eastern
Time. However, for securities listed on either the New York Stock
Exchange, Inc. (``NYSE'') or NYSE MKT LLC (``NYSE MKT''), the System
currently sets the price of the Opening Process at the midpoint of the
first NBBO subsequent to the first reported trade on the listing
exchange after 9:30:00 a.m. Eastern Time. The Exchange may
alternatively set the price of the Opening Process for securities
listed on either the NYSE or NYSE MKT at the midpoint of the then
prevailing NBBO when the first two-sided quotation published by the
relevant listing exchange after 9:30:00 a.m. Eastern Time, but before
9:45:00 a.m. Eastern Time if no first trade is reported by the listing
exchange within one second of publication of the first two-sided
quotation by the listing exchange. The System waits to set the price at
the midpoint of the first NBBO as set forth above because securities
listed on the NYSE or NYSE MKT may not open at precisely 9:30:00 a.m.
Eastern Time.
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    \7\ See Exchange Rule 1.5(cc).
    \8\ Orders cancelled prior to the Opening Process will not
participate in the Opening Process.
    \9\ The following order types and instruction may not
participate in the opening process: (i) BZX Post Only Orders,
Partial Post Only at Limit Orders, ISOs not modified by Rule
11.24(a)(1) above, and Minimum Quantity Orders. See Exchange Rule
11.24(a)(2). Limit orders with a Reserve Quantity may participate to
the full extent of their displayed size and Reserve Quantity. Id.
Discretionary Orders may participate only up to their ranked price
for buy orders or down to their ranked price for sell orders. Id.
The discretionary range of such orders will not be eligible for
participation in the Opening Process. Id. All Pegged Orders and Mid-
Point Peg Orders, as defined in Rule 11.9(c)(8) and (9), will be
eligible for execution in the Opening Process based on their pegged
prices. Id.
    \10\ See Exchange Rule 1.5(aa).
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    Pursuant to subparagraph (b) of Rule 11.24, all orders executable
at the midpoint of the NBBO will continue to be processed in time
sequence, beginning with the order with the oldest time stamp. Matches
occur until there are no remaining contra-side orders or there is an
imbalance of orders. An imbalance of orders may result in orders that
cannot be executed in whole or in part. Any unexecuted orders may then
be placed by the System on the BZX Book,\11\ cancelled, executed, or
routed to away Trading Centers in accordance with the Users'
instructions pursuant to Exchange Rule 11.13(a)(2).
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    \11\ The term ``BZX Book'' is defined as ``the System's
electronic file of orders.'' See Exchange Rule 1.5(e).
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    The Exchange proposes to amend subparagraph (c) to Rule 11.24 to
now await a two-sided quotation from the listing exchange prior to
opening a security for trading during Regular Trading Hours. As
amended, subparagraph (c)(2) to Rule 11.24 would state that the System
would set the price of the Opening Process at the midpoint of the first
NBBO subsequent to the first two-sided quotation published by the
listing exchange after 9:30:00 a.m. Eastern Time. For securities listed
on either the NYSE or NYSE MKT, subparagraph (c)(1)(i) to Rule 11.24
would state that the System would set the price of the Opening Process
at the midpoint of the first NBBO subsequent to the first reported
trade and first reported quotation on the listing exchange after
9:30:00 a.m. Eastern Time. Pursuant to subparagraph (c)(1)(i) to Rule
11.24, the Exchange will utilize the existing NBBO to calculate each
securities' [sic] opening price once a trade and two-sided quotation
are received from the listing exchange, regardless of the order in
which the trade or quotation are received. The Exchange believes the
proposed rule change will enable the listing market's quotation to be
incorporated into the NBBO, which the Exchange would, in turn, utilize
in its calculation of the midpoint of the NBBO. The Exchange believes
doing so would result in an opening price that more closely reflect the
opening market prices and conditions for that security. Under
subparagraph (c)(1)(ii) to Rule 11.24, the Exchange will continue to
alternatively set the price of the Opening Process for securities
listed on either the NYSE or NYSE MKT at the midpoint of the then
prevailing NBBO when the first two-sided quotation published by the
relevant listing exchange after 9:30:00 a.m. Eastern Time, but before
9:45:00 a.m. Eastern Time if no first trade is reported by the listing
exchange within one second of publication of the first two-sided
quotation by the listing exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \12\ in general, and furthers the objectives of Section
6(b)(5) of the Act \13\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in

facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
The Exchange believes the proposed rule change will promote just and
equitable principles of trade, removes impediments to, and perfect the
mechanism of, a free and open market and a national market system
because it enables the System to execute the Opening Process at a price
that is objectively established by the market for the security. The
proposal would enable the listing market's quotation to be incorporated
into the NBBO, which the Exchange would, in turn, utilize in its
calculation of the midpoint of the NBBO. The Exchange believes doing so
would result in an opening price that more closely reflect the opening
market prices and conditions for that security. Therefore, the Exchange
believes the proposed rule change promotes just and equitable
principles of trade because it ensures a midpoint price that the
Exchange believes would accurately reflect the market for the security.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposal will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act. The proposed rule change will enable the
Exchange to incorporate the listing market's quotation into its
calculation of the midpoint of the NBBO, resulting in an opening price
that would more closely reflect the opening market prices and
conditions for that security. Therefore, the Exchange believes the
proposed rule change will promote competition by enhancing the quality
of the Exchange's opening process.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \16\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that waiver of the 30-day operative delay would allow market
participants to immediately realize the benefits of what may be more
accurate opening prices. Based on the foregoing, the Commission
believes the waiver of the operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBZX-2016-19 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 No. SR-BatsBZX-2016-19. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BatsBZX-2016-19, and should be
submitted on or before June 22, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\

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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-12777 Filed 5-31-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Proposed Rules]
[Page 12713-12715]
[DOCID:fr17mr10-29]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0272; Directorate Identifier 2010-CE-009-AD]
RIN 2120-AA64

Airworthiness Directives; AVOX Systems and B/E Aerospace Oxygen
Cylinders as Installed on Various 14 CFR Part 23 and CAR 3 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain AVOX Systems and B/E Aerospace oxygen cylinders, as installed
on various 14 CFR part 23 or CAR 3 airplanes. This proposed AD would
require inspecting for and removing substandard oxygen cylinders from
the airplane. This proposed AD was prompted by the reported rupture of
a high-pressure gaseous oxygen cylinder, which had insufficient
strength characteristics due to improper heat treatment. We are
proposing this AD to prevent an oxygen cylinder from rupturing, which,
depending on the location, could result in structural damage and rapid
decompression of the airplane, damage to adjacent essential flight
equipment, deprivation of the necessary oxygen supply for the
flightcrew, and injury to cabin occupants or other support personnel.

DATES: We must receive comments on this proposed AD by May 3, 2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact B/E
Aerospace, Inc., Commercial Aircraft Products Group, RGA Department,
10800 Pflumm Road, Lenexa, Kansas 66215; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; Internet: http://www.beaerospace.com; and AVOX
Systems, 225 Erie Street, Lancaster, New York 14086-9502; telephone:
(716) 683-5100; fax:<PHONE_NUMBER>; Internet: http://www.avoxsys.com,
as applicable.

FOR FURTHER INFORMATION CONTACT: David Hirt, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0272; Directorate Identifier 2010-CE-009-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive concerning this proposed AD.

Discussion

    During routine hydrostatic testing, a United States Department of
Transportation Type 3HT-1850 high-pressure gaseous oxygen cylinder
ruptured under what would be considered normal operating conditions.
Further investigation indicates that the cylinder had insufficient
strength characteristics due to improper heat treatment. The improper
heat treatment is limited to specific production batches, but the
affected oxygen cylinders may be installed on various 14 CFR part 23 or
CAR 3 airplanes and aircraft certificated in other categories.
    The oxygen cylinders contain gaseous oxygen under high pressure.
Rupture of an oxygen cylinder, depending on its location, could result
in structural damage and rapid decompression of the airplane, damage to
adjacent essential flight equipment, deprivation of the necessary
oxygen supply for the flightcrew, and injury to cabin occupants or
maintenance or other support personnel.

Relevant Service Information

    We have reviewed B/E Aerospace Service Bulletin 176000-35-01, dated
November 2, 2009; and Zodiac Aerospace AVOX Systems Inc. Service
Bulletin 6084-34-35-01, Revision 1, dated December 9, 2009.
    The service information describes procedures for inspecting the
oxygen cylinder to determine the serial number and for removing
affected oxygen cylinders.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require removing the affected oxygen cylinder from various 14 CFR
part 23 or CAR 3 airplanes.

Costs of Compliance

    We estimate that this proposed AD would affect 10,000 airplanes in
the U.S. registry.
    We estimate the following costs to do the proposed inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost on U.S. operators
                                                                      Total cost   based on all airplanes having
               Labor cost                        Parts cost          per airplane   the affected oxygen cylinder
                                                                                installed
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $85 per hour = $42.50..  Not applicable............       $42.50                       $425,000
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary removal and
replacement that would be required based on the results of the proposed
inspection. We have no way of determining the number of airplanes that
may need this replacement:

------------------------------------------------------------------------
                                                             Total cost
                 Labor cost                    Parts cost   per airplane
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170..........       $1,675        $1,845
------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the proposed AD, the
regulatory evaluation, any comments received, and other information on
the Internet at http://www.regulations.gov; or in person at the Docket
Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

AVOX Systems and B/E Aerospace: Docket No. FAA-2010-0272;
Directorate Identifier 2010-CE-009-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by May 3, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to oxygen cylinders with a capacity of 114/
115 cubic feet, approved under United States Department of
Transportation Regulations for Type 3HT cylinders, identified in
Table 1 of this AD. These oxygen cylinders may be installed on
various 14 CFR part 23 and CAR 3 airplanes, certificated in any
category. The affected oxygen cylinders may be installed as a
component of, but not limited to, the AVOX Systems Inc. and B/E
Aerospace cylinder assemblies listed in Table 2 of this AD.

         Table 1--Affected Oxygen Cylinder Serial Numbers (S/N)
------------------------------------------------------------------------
    Cylinder manufacturer                     Affected S/N
------------------------------------------------------------------------
AVOX Systems.................  ST82307 through ST82309.
                               ST82335 through ST82378.
                               ST82385 through ST82506, except ST82498
                                (out of service).
                               ST82550 through ST82606.
                               ST82617 through ST82626.
                               ST83896 through ST83905.
                               ST84209 through ST84218.
                               ST84224 through ST84236.
                               ST86138, ST86143, ST86145, ST86150,
                                ST86169, ST86172, and ST86177.

                               ST86299 through ST86307.
B/E Aerospace................  K495120 through K495121.
                               K629573 through K629577.
                               K674451 through K674455.
------------------------------------------------------------------------

      Table 2--Affected Oxygen Cylinder Assembly Part Numbers (P/N)
------------------------------------------------------------------------
         Manufacturer                             P/Ns
------------------------------------------------------------------------
AVOX Systems.................  *6350A34 series, 800112-03, 800112-10,
                                800112-13, 801293-03, 801307-00, 801307-
                                01, 801307-02, 801307-03, 801307-07,
                                801307-09, 801307-23, 801307-24, 801365-
                                04, 801365-14, 801375-00, 801977-05, and
                                *8915 series.
                               (*For example, 6350A34-X-X or 8915XX-XX,
                                where ``X'' denotes a P/N digit).
B/E Aerospace................  176018-115, 176112-115, 176177-115,
                                176181-115, and 176529-97.
------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 35: Oxygen.

Unsafe Condition

    (e) This AD was prompted by the reported rupture of a high-
pressure gaseous oxygen cylinder, which had insufficient strength
characteristics due to improper heat treatment. We are issuing this
AD to prevent an oxygen cylinder from rupturing, which, depending on
the location, could result in structural damage and rapid
decompression of the airplane, damage to adjacent essential flight
equipment, deprivation of the necessary oxygen supply for the
flightcrew, and injury to cabin occupants or other support
personnel.

Compliance

    (f) To address this problem, you must do the following, unless
already done:
    (1) Within 60 days after the effective date of this AD, inspect
the oxygen cylinder installed in the airplane to determine the
serial number. The serial number is stamped into the steel cylinder
near the neck. A review of airplane records is acceptable in lieu of
this inspection if the serial number of the oxygen cylinder can be
positively determined from that review. For any oxygen cylinder that
has a serial number identified in Table 1 of this AD, before further
flight, remove it from the airplane and replace it with a
serviceable oxygen cylinder. Do the inspection and removal following
B/E Aerospace Service Bulletin 176000-35-01, dated November 2, 2009;
and Zodiac Aerospace AVOX Systems, Inc. Service Bulletin 6084-34-35-
01, Revision 1, dated December 9, 2009, as applicable.
    (2) As of the effective date of this AD, do not install on any
airplane a United States Department of Transportation Type 3HT
oxygen cylinder that has a serial number identified in Table 1 of
this AD.

    Note: United States Department of Transportation hazardous
materials regulations apply to the shipping of oxygen cylinders.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Standards Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: David Hirt, Aerospace
Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301,
Kansas City, Missouri 64106; telephone:<PHONE_NUMBER>; fax: (816)
329-4090; e-mail<EMAIL_ADDRESS>Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Related Information

    (h) To get copies of the service information referenced in this
AD, contact B/E Aerospace, Inc., Commercial Aircraft Products Group,
RGA Department, 10800 Pflumm Road, Lenexa, Kansas 66215; telephone:
(913) 338-9800; fax:<PHONE_NUMBER>; Internet: http://
www.beaerospace.com; and AVOX Systems, 225 Erie Street, Lancaster,
New York 14086-9502; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
Internet: http://www.avoxsys.com, as applicable. To view the AD
docket, go to U.S. Department of Transportation, Docket Operations,
M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or on the Internet at http://
www.regulations.gov.

    Issued in Kansas City, Missouri, on March 11, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-5862 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P


RENEWAL OF INFORMATION COLLECTION REQUEST FOR THE EPISODIC RELEASES OF OIL AND HAZARDOUS SUBSTANCES

                              EPA ICR No. 1049.14

                           OMB Control No. 2050-0046

                                  April 2018

Supporting Statement for the Renewal
of the Information Collection under CERCLA section 103(a) and CWA section 311

EPA ICR 1049.14
OMB Control No. 2050-0086

 IDENTIFICATION OF THE INFORMATION COLLECTION

Title of the Information Collection
Notification of Episodic Releases of Oil and Hazardous Substances (Renewal). EPA ICR No. 1049.14, OMB No. 2050-0046.
Short Characterization/Abstract
This information collection request (ICR) addresses the reporting and recordkeeping activities required to comply with the release notification requirements for hazardous substances and oil specified in section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, and section 311 of the Clean Water Act (CWA), as amended. These reporting requirements are codified at 40 CFR parts 110, 117, and 302. This ICR renews the collection activity previously approved under OMB No. 2050-0046 and applies to the period October 1, 2018 through September 30, 2021, which will expire on September 30, 2018.  Estimates of the burden placed on industry and the government to comply with the release notification requirements are presented on an annual basis.
CERCLA section 103(a) and CWA section 311 require the person in charge of a facility or vessel to immediately notify the National Response Center (NRC) of a hazardous substance release into the environment if the release quantity equals or exceeds the substance's reportable quantity (RQ) level and an oil discharge into U.S. waters. The regulated community is expected to:
      ::	Gather necessary release data, such as the time, quantity, and source of the release;
      ::	Notify the facility manager of the release;
      ::	Consult with the environmental compliance expert regarding the release;
      ::	Report the release to the NRC; and
      ::	Keep a log of release data such as the time, date, and circumstances of the release. (This information is expected, but not required under the regulations.)
There are no recordkeeping requirements specified under CERCLA section 103(a), CWA section 311, or their implementing regulations. The person in charge of the facility or vessel, however, may elect to maintain a log detailing the time, date, and circumstances associated with the reported release. The purpose of maintaining a log of reported releases is to track correspondence with response authorities and to document compliance with release notification requirements under CERCLA and the CWA. Because it is assumed the respondent will maintain a log of reported releases, burden and cost estimates associated with recordkeeping are included in the ICR.
NEED FOR AND USE OF THE COLLECTION
Need and Authority for the Collection
The reporting activity required under 40 CFR parts 110, 117, and 302 is authorized under CERCLA sections 103(a) and 104(e), and CWA sections 311 and 308. The regulations implementing CERCLA section 103(a) (40 CFR part 302) require the person in charge of a facility or vessel to immediately notify the NRC of a hazardous substance release if the release quantity equals or exceeds the substance's RQ. The specific information provided in the notification required under CERCLA section 103(a) is authorized under CERCLA section 104(e). Section 104(e) authorizes the collection of release information, entry and inspection of the release site, and sampling activities at the release site for the purposes of "determining the need for response, or choosing or taking any response action under [CERCLA]." The release information collected is the minimum information needed to determine if a Federal response action is required to control or mitigate any potential adverse effects associated with a release.
In addition to the CERCLA notification requirements, the regulations implementing CWA section 311 (40 CFR part 110) require immediate notification to the NRC of any release of oil into U.S. navigable waters that causes a sheen, violates applicable water quality standards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. The information required to be provided under CWA section 311 is authorized by CWA section 308, which allows for the collection of release information and entry, monitoring, inspection and sampling activities at the release site for the purpose of ensuring that the objectives of the CWA are satisfied. The Federal government needs to be notified of releases of oil in order to determine if a response action is necessary to mitigate or prevent damage to public health or welfare or the environment.
Practical Utility and Users of the Data
The hazardous substance and oil release information collected pursuant to CERCLA section 103(a) and CWA section 311 has a variety of different uses. Federal response authorities, such as EPA and United States Coast Guard On-Scene Coordinators (OSCs), use the information to evaluate the environmental and human health risks attributable to a reported release and to determine if a Federal response action is necessary to mitigate or prevent any adverse effects associated with the release. Any reportable hazardous substance release or discharge of oil into the environment warrants a timely evaluation of its source, emission rate, chemical form, media affected, and quantity released to ensure the proper protection of public health and welfare and the environment. Responses to hazardous substance and oil release notifications by Federal authorities may take a variety of forms, including monitoring and overseeing cleanup activities conducted by the responsible party, evacuating surrounding populations, and directing the actual cleanup operation.
The hazardous substance and oil release information collected under CERCLA section 103 and CWA section 311 also is used by EPA program offices and other Federal agencies to evaluate the potential need for additional regulations, new permitting requirements for specific substances or sources, or for improved emergency response planning.
In addition, release notification information, which is stored in the national Emergency Response Notification System (ERNS) data base, is used by state and local government authorities, the regulated community, and the general public. State and local government authorities and the regulated community use release information to help inform local emergency response planning. The public use release information to become aware of the releases that have occurred in their communities and throughout the nation and to learn of actions, if any, that are being taken to protect public health and welfare and the environment. The public has access to release information, statistics, and fact sheets through the Freedom of Information Act and the NRC's website (http://www.nrc.uscg.mil/).
NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
Non Duplication
The information required to be provided in the telephone call to the NRC is the minimum information necessary to evaluate a hazardous substance release or discharge of oil. Direct notification to the NRC, as opposed to notification to multiple Federal response authorities, helps to ensure a coordinated Federal response effort and that unnecessary delays in requesting assistance do not occur. One call to the NRC fulfills the requirement to report releases of hazardous substances under CERCLA and several other regulatory programs, including the CWA, the Resource Conservation and Recovery Act, and the Hazardous Materials Transportation Act. When the NRC receives a notification, the NRC watch stander immediately notifies the appropriate Federal OSC, who evaluates the circumstances surrounding the release and determines the need for a government response action. The Federal government has extensive resources, expertise, and authority under CERCLA to formulate response actions, ensuring a timely and coordinated field response with State, local, and private organizations, if needed.
EPA analyzed possible areas of overlap with other regulations and concluded that there are limited areas of overlap with reporting requirements under other statutes and provisions. For example, there may be limited duplication with the reporting requirements specified in CERCLA section 103(a) and in certain permitting regulations. Permitting regulations often require reports if the permit level is exceeded. Thus, if a release of a hazardous substance exceeds its permit level and the substance's RQ, the release must be reported to both, the applicable Federal or state permitting authority, and NRC. However, the purpose and timing of the two reports often differ. Violations of permit regulations are reported to EPA Regional permitting offices or to state permitting authorities in order to maintain proper permit enforcement records or to evaluate ambient conditions over time. In contrast, Federal officials use release information provided to the NRC to evaluate the release situation and determine if a government response is necessary. Thus, the notification in monthly monitoring reports that a permit is exceeded is not timely for response purposes.
In addition to a possible overlap between CERCLA reporting and certain permitting regulations, there may be some overlap with respect to the reporting requirements specified in section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA), which requires immediate reporting of releases of CERCLA hazardous substances equal to or above an RQ to state and local response officials. However, reporting to the NRC as well as to the appropriate State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC), as required under EPCRA section 304, is appropriate because it ensures that the Federal government is alerted to releases that may require a Federal field response. Although the SERCs and LEPCs are notified of the releases under EPCRA section 304, some SERCs and LEPCs may not possess the resources necessary for a proper response action. Notification to the NRC allows for a timely response in the event of an emergency. Furthermore, reporting to the NRC, SERC, and LEPC provides for a coordinated effort among Federal, state, and local response officials, which helps ensure that an efficient response action is taken. When Congress enacted EPCRA section 304, it was aware that releases of hazardous substances were already reported to the NRC; Congress determined that it was necessary and appropriate for such potentially hazardous releases to be reported immediately to all potentially affected government jurisdictions. The requirements under EPCRA, however, are separate from those under CERCLA and are outside the scope of this ICR (1049.14).  EPCRA section 304 collection is under OMB control number 2050-0092.  The statutory requirements under CERCLA and EPCRA are clear and distinct; the Federal response system, as well as the state and local response systems, must be immediately alerted to potentially dangerous releases of hazardous substances that may pose a threat to public health or welfare or the environment.
Public Notice Required Prior to ICR Submission to OMB
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), EPA is requesting comment from the public through the Federal Register notice on the renewal of this ICR (1049.14). The Docket ID for the notice is EPA-HQ-SFUND-2013-0549 and can be accessed at www.regulations.gov.
Consultations
During the public comment period of this ICR, EPA will contact stakeholders and solicit comment on the burden estimates in this ICR.
Effects of Less Frequent Collection
The information required under the regulations implementing CERCLA section 103(a) and CWA section 311 is not collected at any specified frequency; rather, it is collected when reportable releases occur. The information collected under the regulations, such as the source, quantity, and type of material released and the environmental medium affected, is critical to evaluating the threat posed by the release and the need for a response action. The regulatory requirements evaluated in this ICR (1049.14) represent EPA's efforts to ensure that the NRC is notified immediately of those hazardous substance and oil releases for which a Federal response action may be necessary to protect public health and welfare and the environment.
General Guidelines
The regulations implementing CERCLA section 103(a) and CWA section 311 adhere fully to OMB's general guidelines concerning the collection of information and the control of paperwork burdens on the public.
Confidentiality
The regulations implementing CERCLA section 103(a) and CWA section 311 do not require the submittal of any proprietary, trade secret, or other confidential information.
Sensitive Questions
The regulations implementing CERCLA section 103(a) and CWA section 311 do not require the submission of any sensitive business information. In addition, the information collection requested under these regulations is in compliance with the Privacy Act of 1974 and OMB Circular A-108.
THE RESPONDENTS AND THE INFORMATION REQUESTED
Respondents and SIC Codes
The use and release of hazardous substances and oil are pervasive throughout industry. EPA expects a number of different industrial categories to report hazardous substance and oil releases pursuant to the requirements specified in CERCLA section 103(a) and CWA section 311. No one industry sector or group of sectors or size of facility is affected disproportionately by the information collection burden.
Information Requested
Data items, including record keeping requirements
Notification under CERCLA section 103(a) and CWA section 311 is intended to ensure that Federal authorities receive prompt notification of hazardous substance and oil releases for which a timely response may be necessary to protect public health or welfare or the environment. The information provided in the telephone call to the NRC serves to notify government authorities of the release and provides them with a description of the circumstances surrounding the release. The following information is requested from all callers:
      ::	The name and location of the individual reporting the release, the name and type of organization (e.g., general public, industrial facility, or Federal, state, or local government) with which the individual reporting the release is affiliated, and the telephone number of the person reporting the release;
      ::	The name and location of the facility or vessel reporting the release, the type of organization, and the telephone number of the facility or vessel;
      ::	The location of the release;
      ::	The date and time of the release;
      ::	The name and type of material involved in the release, and the quantity of the substance released;
      ::	The source of the release, the vehicle identification or carrier number, if applicable, and a brief description of the source;
      ::	The environmental medium affected by the release (e.g., air, land, water, or ground water);
      ::	The cause of the incident (e.g., transportation accident, operational error, natural phenomenon), and a brief description of the release scenario denoting any unusual circumstances associated with the release;
      ::	Information on damages that occurred as a result of the release, including the number of injuries, number of deaths, and any property damage;
      ::	A description of the response actions taken at the release site, if any;
      ::	The name(s) and type of organization(s) that the caller has already notified; and
      ::	Any additional comments or information regarding the release.
As mentioned previously, there are no recordkeeping requirements specified under CERCLA section 103(a), CWA section 311, or their implementing regulations. The person in charge of the facility or vessel, however, may elect to maintain a log detailing the time, date, and circumstances associated with the reported release. The purpose of maintaining a log of reported releases is to track correspondence with response authorities and to document compliance with release notification requirements under CERCLA and the CWA. Because the respondent will in all likelihood maintain a reported release log, burden and cost estimates associated with recordkeeping are included in this ICR (1049.14).
Respondent Activities
To comply with the notification requirements specified in the regulations implementing CERCLA section 103(a) and CWA section 311, the regulated community is expected to perform the following activities:
      ::	Gather necessary release data, such as the time, quantity, and source of the release;
      ::	Report the release by telephone to the NRC; and
      ::	Keep a log of release data such as the time, date, and circumstances of the release. (This information is expected but not required under the regulations.)

THE INFORMATION COLLECTED  -  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
Agency Activities
Every hazardous substance and oil release reported by the regulated community to the NRC must be evaluated by Federal authorities. The appropriate Federal On-Scene Coordinator (OSC) is notified of a release by a telephone call from the NRC. The NRC conveys all the relevant information regarding the release to the OSC, including whether the release is to air, soil, water, etc., the source of the release, and the type of substance released. The telephone call from the NRC to the OSC must occur within 15 minutes of the original release notification. The OSC is responsible for evaluating the circumstances surrounding the release to determine whether government monitoring and/or a Federal response action may be necessary.
NRC personnel are also responsible for entering release information into the NRC data base. The release data are stored in the NRC data base, ERNS, a national data base that stores release information by facility. The data can be accessed through the NRC web site: http://www.nrc.uscg.mil/. The primary activity of the Federal government under the regulations implementing CERCLA section 103(a) and CWA section 311 is processing and recording the reported release information and responding to releases that may pose a significant hazard to public health or welfare or the environment.
Collection Methodology and Management
For purposes of reporting releases under the regulations implementing CERCLA section 103(a) and CWA section 311, a person in charge of a facility or vessel that experiences a reportable release must telephone the NRC. The NRC notifies the appropriate EPA Region or United States Coast Guard Office, the affected state, and any other Federal agency that may be able to lend support to a potential response action.
To manage the hazardous substance and oil release information submitted in accordance with CERCLA section 103(a) and CWA section 311, EPA uses the ERNS data base. When a hazardous substance or oil release is reported to the NRC, it is immediately entered into the NRC data base. The ERNS data base allows EPA to document, analyze, and maintain data gathered under the CERCLA and CWA notification process.
For Federal response authorities, the ERNS data base reduces the cost and time associated with processing and documenting release reports. For other EPA program offices, state and local response officials, and the public, ERNS provides for easy access to release data.
Small Entity Flexibility
The notification requirements apply equally to all facilities or vessels, regardless of size, that have reportable releases of CERCLA hazardous substances or oil. The regulations do not impose any general information collection or recordkeeping requirements on small businesses. EPA believes that the notification requirements specified under these regulations represent the minimum level of information necessary for Federal response officials to determine if a government response action is needed to prevent or mitigate any damage to public health or welfare or the environment. The regulatory requirements are satisfied by a toll-free telephone call to the NRC. A reduction in these reporting requirements for small businesses is not possible without jeopardizing the Federal government's ability to evaluate the threat posed by a release and determine if a Federal response is necessary.
Collection Schedule
Information is not collected at any specified frequency; rather, it is collected when reportable releases occur. Under CERCLA section 103(a), a release of a hazardous substance is reportable when it equals or exceeds its RQ. Pursuant to CWA section 311, a discharge of oil into navigable waters is reportable whenever the discharge causes a sheen, violates applicable water quality standards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
ESTIMATING THE BURDEN AND COST OF THE COLLECTION
Estimating Respondent Burden
Under CERCLA section 103(a) and CWA section 311, the person in charge of a facility or vessel that experiences a reportable release is expected to perform the following activities: (1) gather necessary release data, such as the time, date, quantity, and source of the release; (2) report the release by telephone to the NRC; and (3) keep a log of release data such as time, date, and circumstance of the release. (A respondent is not required to keep a log of release data under the episodic release notification regulation; however, EPA assumes respondents will keep a log of release data.) Cost and burden estimates associated with completing these activities assume that respondents will telephone the NRC with 18,447 release notifications per annum from October 1, 2018 through September 30, 2021.
Exhibit 1 presents a summary of the unit burden hours associated with reporting a typical release to the NRC. The burden associated with the first collection activity in Exhibit 1, "Initial Telephone Call to the NRC," includes the burden of gathering of data on the release.  EPA has estimated that the respondent's burden hours for reporting a typical release is 4.1 hours.
                                   Exhibit 1
         Unit Burden Hours for Reporting a Typical Release to the NRC
                              Collection Activity
                                 Burden Hours
                              Total Burden Hours

                                  Managerial
                                   Technical
                                   Clerical

Initial Telephone Call to the NRC
                                       1
                                       1
                                       0
                                       2
Recordkeeping
                                      0.1
                                       1
                                       1
                                      2.1
                                     Total
                                      1.1
                                       2
                                       1
                                      4.1

      Initial Telephone Notification
In estimating the burden to industry that the regulations implementing CERCLA section 103(a) and CWA section 311 may impose, EPA has assumed that the respondent's initial telephone notification to the NRC regarding a release requires approximately 1 hour of technical personnel time and 1 hour of managerial time. Therefore, in this ICR (1049.14), as in the previous ICR (1049.13), EPA assumes 2 burden hours for the initial telephone notification. This burden-hour estimate was confirmed through telephone conversations with facilities that reported releases to the NRC for previous ICRs. Facilities generally agreed that the time required to evaluate a release will vary, depending on the nature of the release. Most of the facilities stated that the evaluation was relatively straightforward, requiring well under one hour. One facility stated that evaluating a release and determining if the release should be reported to the NRC could require as many as four hours of a single technical expert's time. Other facilities responded that it would probably take 15 to 30 minutes of managerial time to determine whether a call to the NRC was required. In general, most facilities agreed that, on average, two to three person-hours was a reasonable estimate for the time required to determine the need to report the release to the NRC. Therefore, in this ICR (1049.14), as in the previous ICR (1049.13), the assumption is made that the burden of the telephone call for each reportable release is 2 hours (composed of 1 hour of management's time and 1 hour of technician's time), regardless of the environmental medium affected and the substance released.
      Recordkeeping
Although neither CERCLA nor the CWA requires that records of releases be kept, EPA assumes that a facility will keep a log of any calls made to government organizations. Such a log will be useful in establishing that the notification requirements of CERCLA section 103(a) and CWA section 311 have been met. The log may include a description of the incident and its cause; the NRC/ERNS report number, a brief account of any conversations with Federal officials, and a description of the outcome of the incident, including any cleanup action taken. The burden associated with internal recordkeeping is estimated at 1 technical hour and 1 clerical hour per release. Further, a ratio of 0.1 managerial hour to each hour of clerical time is also assumed. Therefore, in this ICR (1049.14), as in the previous ICR (1049.13), EPA assumes 2.1 burden hours per release for recordkeeping.
      Response Actions
Under section 103(a) of CERCLA and section 311 of CWA facilities and vessels responsible for a release are required to take appropriate action to clean up the release. However, because there is no paperwork burden associated with these response actions, the capital and labor costs associated with response actions are not within the scope of this ICR (1049.14).
Estimating Respondent Costs
Estimating Labor Costs
The estimated cost to a respondent for evaluating a release and calling the NRC regarding the release are a function of the time expended by respondent personnel (i.e., the burden estimates presented in section 6(a)), and the hourly wage rates for the appropriate categories of labor. The hourly wage rates used for industry in this ICR are from December 2017 and were obtained from the Bureau of Labor Statistics. For purposes of this analysis, EPA estimates an average hourly respondent labor cost of $68.92 for managerial staff, $55.87 for technical staff, and $26.68 for clerical staff.
These rates reflect employer cost for employee compensation in the United States as of December 2017 and include both employer costs for legally required benefits (e.g., social security, worker's compensation, and unemployment insurance), other important fringe benefit categories (e.g., insurance, paid leave, retirement and savings), and overhead and general and administrative costs.
Estimating Capital and Operations and Maintenance Costs
Capital costs usually include any produced physical good needed to provide the needed information, such as machinery, computers, and other equipment. EPA does not anticipate that respondents will incur capital costs in carrying out the information collection requirements of this regulation.
Operation and Maintenance (O&M) costs are those costs associated with paperwork requirements incurred continually over the life of the ICR. EPA does not anticipate that respondents will incur O&M costs in carrying out the information collection requirements of the proposed rule.
Costs associated with the burden hours presented in section 6(a) of this ICR (1049.14) are shown in Exhibit 2.
                                   Exhibit 2
             Unit Cost for Reporting a Typical release to the NRC

                                 Burden Hours
                          Unit Capital/Start up Cost
                               Unit O&M Cost
                      Total Unit Cost/Reportable Release
                              Collection Activity
                           Managerial ($/hr) $68.92
                            Technical ($/hr) $55.87
                            Clerical ($/hr) $26.68

Initial Telephone Notification to the NRC
                                       1
                                       1
                                       0
                                    $0.00
                                    $0.00
                                   $124.79
Recordkeeping
                                      0.1
                                       1
                                       1
                                    $0.00
                                    $0.00
                                    $89.44
                                     Total
                                      1.1
                                       2
                                       1
                                    $0.00
                                    $0.00
                                   $214.23

For a typical release, EPA has estimated that it costs the respondent $214.23 to report the release to the NRC and record the release data in the respondent's log.
Estimating Federal Government Burden and Cost
Federal government authorities are expected to perform the following activities under the episodic release notification regulation: (1) process respondent telephone notifications of a release; (2) monitor cleanup activities; and (3) conduct field response actions. EPA estimates that only the first Federal government activity listed above, "process telephone notifications," will involve the processing of submitted paperwork. Estimated unit burden hours and costs and total annual burden hours and costs for the "process telephone notifications" activity are presented in Exhibit 3. For the period covered by this ICR (1049.14), EPA has assumed that the Federal government average hourly labor cost is $34.71.
      Processing Telephone Notification
The total burden of processing a telephone notification of a release consists of the time the NRC uses to (1) communicate with the respondent, (2) record and enter the information provided in the telephone call into the NRC data base, and (3) contact the predesignated EPA or Coast Guard OSC or other parties by telephone. EPA has estimated that one hour is needed to complete all the activities associated with processing an initial telephone notification. Therefore, the unit cost associated with processing an initial telephone call is $34.71 (1 hour x $34.71 per hour = $34.71).

                                   Exhibit 3
Burden Hours and Costs for Processing a Telephone Notification  -  Federal Government
                              Collection Activity
                      Number of Reportable Releases/Year
                               Unit Burden Hours
                          Unit Capital/Start Up Cost
                               Unit O&M Cost
                               Hourly Labor Cost
                           Total Annual Burden Hours
                               Total Annual Cost
                       Processing Telephone Notification
                                    18,447
                                       1
                                    $0.00
                                    $0.00
                                    $34.71
                                    18,447
                                   $640,332

      Response Activities
For some percentage of releases, the information provided in the telephone notification will prompt EPA to monitor cleanup activities. Monitoring a cleanup will allow EPA to directly assess and evaluate the circumstances surrounding the release, and the population and environment potentially affected by the release. In a small percentage of cases, the owner/operator will be unable to respond to the release or cleanup activities will appear unsatisfactory, requiring EPA to conduct its own field response actions to ensure that all potential hazards have been addressed and that the release has been thoroughly cleaned up. However, as these actions are not directly related to the processing of submitted paperwork, the costs and burden hours associated with these actions are not covered under this ICR (1049.14).
Estimating the Respondent Universe and Total Burden and Cost
ERNS data from 2015, 2016, and 2017 were used to estimate the number of releases that will be reported to the NRC during the period of October 1, 2018 through September 30, 2021. The exhibits in this section show projected annual release reports, burden hours, and costs.
The total cost and total burden estimates presented in this ICR (1049.14) are the aggregate annual costs and burden hours associated with reporting all hazardous substances and oil releases pursuant to CERCLA section 103(a) and CWA section 311.
Annual respondent burden hours are equal to the number of releases reported to the NRC in a year multiplied by the unit burden hours associated with reporting a release. Annual cost is equal to the number of releases reported to the NRC in a year multiplied by the unit cost of reporting a release. Exhibit 4 presents the annual total annual burden hour and cost estimates for respondents.

                                   Exhibit 4
  Estimated Annual Burden Hours and Costs Incurred by Industry (Respondents)
                              Collection Activity
                      Number of Reportable Releases/Year
                               Unit Burden Hours
                         Unit Cost/Reportable Release
                                 Burden Hours
                                  Annual Cost
Telephone Notification
                                    18,447
                                       2
                                    $124.79
                                    36,894
                                  $2,302,001
Recordkeeping
                                    18,447
                                      2.1
                                    $89.44
                                    38,739
                                  $1,649,937
                                     Total

                                      4.1
                                    $214.23
                                    75,633
                                  $3,951,938

Bottom Line Burden Hours and Cost Tables
Exhibits 3 and 4 present the annual burden hours and costs incurred by the government and respondents, respectively, for all information collection requirements covered in this ICR (1049.14). Exhibit 5 summarizes the bottom-line burdens and costs incurred by both respondents and government. The bottom-line burden to respondents is approximately 75,633 hours per year, at a cost of $3,951,938. The bottom line burden to the government is approximately 18,447 hours per year, at a cost of $640,332.
                                   Exhibit 5
            Estimated Annual Burden Hours and Costs for Information
          Collection Under CERCLA Section 103(a) and CWA Section 311
                                Economic Sector
                                 Burden Hours
                                     Cost
Industry (Respondent)
                                    75,633
                                  $3,951,938
Government
                                    18,447
                                   $640,332
                                     Total
                                    94,080
                                  $4,592,270

Reasons for Change in Burden
Compared to the previous ICR (1049.13), unit burden hours for industry and the government have not changed in this ICR (1049.14). However, total annual burden hours for industry and government have decreased in this ICR (1049.14) because the projected number of release notifications per annum in this ICR (1049.14) is less than the projected number of release notifications per annum in the previous ICR (1049.13). The previous ICR (1049.13) projected 23,864 releases would be reported to the NRC annually; while this renewal ICR (1049.14) projects 18,447 releases will be reported to the NRC annually. Comparing this ICR (1049.14) to the previous ICR (1049.13) total annual burden hours for industry decreases by 22,209 hours and for EPA by 5,417 hours.

As shown in Exhibit 6, this ICR (1049.14) projects a decrease in the number of releases reported to the NRC annually; however, there are increases to the unit costs to responders for managerial, technical, and clerical labor categories. The result is an overall increased cost burden for industry. The previous ICR (1049.13) estimated the cost-burden to industry as $3,320,485; this renewal estimates the cost-burden to industry will be $3,951,938, or $631,453 greater than the previous estimate. The cost burden for government is projected to decrease from $1,102,708 to $640,332, a decrease of $462,376. The decrease is due to a projected decrease in the number of reportable releases and changes in the wage rates used in the analysis.
                                   Exhibit 6
              Summary of Total Burden Hour and Annual Cost Change
                     Between This ICR and the Previous ICR

                                   This ICR
                                 Previous ICR
                                  Difference
Number of Releases Projected to be Reported to NRC Over Three-Year Period
                                    55,341
                                    71,592
                                    -16,251
Annual Industry (Respondent) Burden Hours
                                    75,633
                                    97,842
                                    -22,209
Annual Government Burden Hours
                                    18,447
                                    23,864
                                    -5,417
Annual Industry (Respondent) Costs
                                  $3,951,938
                                  $3,320,485
                                   $631,453
Annual Government Costs
                                   $640,332
                                  $1,102,708
                                   -$462,376

Burden Statement
The annual public reporting and recordkeeping burden for this collection of information is estimated to average approximately 4.1 hours per response, which includes 2 hours of reporting and 2.1 hours record keeping per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-SFUND-2013-0549, which is available for public viewing at the Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Superfund Docket is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. Use www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. (EPA-HQ-SFUND-2013-0549) and the OMB control number (2050-0046) in any correspondence.


[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10275-10276]
[FR Doc No: 2022-03775]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Consensus Standards, Light-Sport Aircraft, Notice No. NOA-21-01

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice of availability; request for comments.

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SUMMARY: This notice announces the availability of one new and two
revised consensus standards relating to the provisions of the
Certification of Aircraft and Airmen for the Operation of Light-Sport
Aircraft rule. ASTM International (ASTM) Committee F37 on Light-Sport
Aircraft developed the new and revised standards with FAA
participation. The FAA finds the new and revised standards acceptable
for certification under the provisions of the Certification of Aircraft
and Airmen for the Operation of Light-Sport Aircraft rule.

DATES: Comments must be received on or before April 25, 2022.

ADDRESSES: Send comments identified by docket number FAA-2022-0225
using any of the following methods:
    [square] Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
    [square] Email: Send comments to: [email protected].
Specify the standard being addressed by ASTM designation and title.
Mark all comments: Consensus Standards Comments.

FOR FURTHER INFORMATION CONTACT: John Stoll, Light-Sport Aircraft
Program Manager, Production and Airworthiness Systems, AIR-632, Systems
Policy Branch, Aircraft Certification Service, Federal Aviation
Administration, 901 Locust, Room 301, Kansas City, Missouri 64106;
telephone<PHONE_NUMBER>; email:[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to submit any written data, views, or arguments
about this notice. Comments should identify the consensus standard
number and be sent to an address listed under ADDRESSES. The FAA will
forward all comments received on or before the closing date to ASTM
Committee F37 for consideration, who may change the standard in light
of the comments received. The FAA will address all comments received
during its recurring review of the consensus standards and
participation in the consensus standards revision process.

Background

    This notice announces the availability of one new and two revised
consensus standards, developed by ASTM Committee F37 on Light-Sport
Aircraft, which supersede previously accepted consensus standards.
Under the provisions of the Certification of Aircraft and Airmen for
the Operation of Light-Sport Aircraft rule (69 FR 44772; July 27, 2004)
and Office of Management and Budget (OMB) Circular No. A-119, ``Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment

Activities,'' issued February 10, 1998, and revised January 27, 2016,
the FAA accepted consensus standards for the certification of light-
sport aircraft.
    Instead of developing airworthiness standards through the
rulemaking process, the FAA participates as a member of Committee F37
in developing and revising these standards. In the final rule, the FAA
stated the agency would continue to participate in revising the
consensus standards at an interval no longer than every two years (69
FR 44787). Each review cycle results in a revision to or reapproval of
the consensus standard. A revision changes the technical content of the
consensus standard, while a reapproval indicates a review cycle has
been completed with no technical changes.
    Each consensus standard is issued under a fixed designation (e.g.,
F2245). A number immediately following the designation indicates the
year of original adoption or, in the case of revision, the year of last
revision. A number in parentheses following the year of original
adoption or revision indicates the year of last reapproval. For
example, F2242-05(2013) designates a standard that was originally
adopted (or revised) in 2005 and reapproved in 2013. A superscript
epsilon ([egr]) after the reapproval year indicates an editorial change
since the last revision or reapproval. The FAA only issues a notice of
availability for new or revised standards. Reapproved standards issued
with no technical changes or standards issued with editorial changes
only (i.e., superscript epsilon [[egr]]) are accepted by the FAA
without notice.

Comments on Previous Notice of Availability

    The FAA last published a notice of availability of new and revised
consensus standards in the Federal Register on October 3, 2018 (83 FR
49971; corrected October 22, 2018, 83 FR 53358). In the notice, the FAA
requested public comments on two new and two revised consensus
standards. The comment period closed on December 3, 2018. The FAA
received no comments.

Consensus Standards in This Notice of Availability

    The FAA has participated in the development process for the
consensus standards presented in this notice of availability and
reviewed these standards for compliance with the regulatory
requirements of the Certification of Aircraft and Airmen for the
Operation of Light-Sport Aircraft rule. Any light-sport aircraft that
has been designed, manufactured, and operated in accordance with these
and previously accepted consensus standards provides the public with an
appropriate level of safety.
    Manufacturers who chose to produce and certificate these aircraft
under 14 CFR 21.190 or 21.191 must state that the aircraft meets the
provisions of the latest FAA-accepted consensus standards for light
sport aircraft.
    The FAA maintains a listing of the FAA-accepted consensus standards
for light-sport aircraft on the following website: http://www.faa.gov/aircraft/gen_av/light_sport/.

Effective Period of Use for Previous Consensus Standards

    The following previously-accepted consensus standards have been
revised. This notice announces the FAA's acceptance of the revisions.
Either the previous revision or the current revision may be used for
initial airworthiness certification of light-sport aircraft until
February 23, 2023. This period will allow aircraft that have started
the initial airworthiness certification process using the previous
revision to complete that process. After February 23, 2023,
manufacturers must use the current revision and must identify the
current revision in the manufacturer's statement of compliance for
initial airworthiness certification of light-sport aircraft unless the
FAA publishes a notification otherwise.
    The following consensus standards may not be used after February
23, 2023:

ASTM Designation F2245-16c, Standard Specification for Design and
Performance of a Light Sport Airplane
ASTM Designation F2339-17, Standard Practice for Design and Manufacture
of Reciprocating Spark Ignition Engines for Light Sport Aircraft

The Consensus Standards

    The FAA finds the following new and revised consensus standards
acceptable for certification under the provisions of the Certification
of Aircraft and Airmen for the Operation of Light-Sport Aircraft rule.
These consensus standards become effective February 23, 2022 and may be
used unless the FAA publishes a notification otherwise:

ASTM Designation F2245-20, Standard Specification for Design and
Performance of a Light Sport Airplane
ASTM Designation F2339-19a, Standard Practice for Design and
Manufacture of Reciprocating Spark Ignition Engines for Light Sport
Aircraft
ASTM Designation F3409-19, Standard Practice for Simplified Aircraft
Loads Determination

Availability

    ASTM International, 100 Barr Harbor Drive, Post Office Box C700,
West Conshohocken, PA 19428-2959, copyrights these consensus standards.
Individual reprints of a standard (single or multiple copies, or
special compilations and other related technical information) may be
obtained by contacting ASTM at this address, or at<PHONE_NUMBER>
(phone),<PHONE_NUMBER> (fax), through [email protected] (email), or via
the ASTM website at www.astm.org. To inquire about standard content
and/or membership or about ASTM International Offices abroad, contact
Joe Koury, Staff Manager for Committee F37 on Light-Sport Aircraft:
(610) 832-9804, [email protected].

    Issued in Washington, DC on February 16, 2022.
Brian E. Cable,
Manager, Systems Policy Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2022-03775 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-13-P


March 19, 2003 Page 1of 3 U. S. PIRG Report Toxic Releases and Health: A Review of Pollution Data and Current Knowledge on the Health Effects of Toxic Chemicals ( January 2003) March 19,2003 The report summarizes the amounts of the most hazardous chemicals released by the major sources for TRI reporting year 2000. Although the report is not a risk assessment  it does not draw conclusions potential health effects of TRI releases  it does refer to health assessments that have been conducted for certain communities in proximity to major sources.

The report only examines air releases and direct surface water releases. Transfers to POTWs are not included. Morover, the report discusses total releases to air and water combined. Amounts of direct surface water releases are presented in selected tables.

Organization There are four sections summarizing combined TRI air and direct water releases, organized by health effects:

Cancer Causing Chemicals

Developmental and Reproductive Toxicants

Suspected Neurological Toxicants

Suspected Respiratory Toxicants TRI chemicals are grouped into these sections based on the classification scheme used under the California Safe Drinking Water and Toxic Enforcement Act ( also known as Proposition 65).

A fifth section summarizes releases of dioxins, which were added to TRI beginning in the 2000 reporting year.

Each section summarizes total releases to air and water, and identifies, in descending order by amount released:

The top 10 chemicals

The top 20 zip codes

The top 10 industrial sectors

The top " parent companies" ( e. g. the total amount released by all Dow Chemical facilities) Each section also includes a " community profile" for the zip code with the highest total amount released.

Appendices contain state, county, and facility rankings of releases by chemical categories. Another appendix ranks states by cumulative ( 1987 2000) releases by chemical category. March 19, 2003 Page 2of 3 Dioxins Dioxins, summarized separately in the report because of their extreme toxicity, are reported to TRI in units of grams rather than pounds. Although the report does not address direct surface water releases of dioxins, it does note that 7,000 grams of dioxins were released to both air and water.

Persistent Bioaccumulative Toxic Chemicals ( PBTs)

The report does not specifically address PBTs. However, it does note the combined air and water releases of:

Lead ( 275,000 pounds)

Lead Compounds ( 1,300,000 pounds)

Mercury ( 30,000 pounds)

Mercury Compounds ( 136,000 pounds)

Summary of Water Data for Carcinogens Although rankings are based on total releases to air and water combined, direct surface water release amounts are presented in most tables. Here are the top 10 chemicals released directly to surface water:

Formaldehyde ( 408,143 pounds)

Acetaldehyde ( 195,014 pounds)

Chloroform ( 56,341 pounds)

Naphthalene ( 48,855 pounds)

Benzene ( 22,660)

Dichloromethane ( 10,292 pounds)

1,3 Butadiene ( 1,163 pounds)

Tetrachloroethylene ( 1,159 pounds)

Chloroethane ( 693 pounds)

Trichloroethylene ( 593 pounds)

Five cities ( identified by zip code) that were ranked in the top 10 for total releases had the following direct surface water releases of carcinogens:

Geismar, LA ( 19,447 pounds)

Longview, WA ( 13,938 pounds)

Rochester, NY ( 8,933 pounds)

Georgetown, SC ( 4,705 pounds)

Louisville, KY ( 1,197 pounds) March 19, 2003 Page 3of 3 The top 10 Industries, ranked by total releases to air and water, reported the following direct surface water releases:

Electric Services ( 481,611 pounds)

Pulp Mills ( 343,878 pounds)

Paper Mills ( 198,116 pounds)

Plastic Materials ( 108,735 pounds)

Industrial Organic Chemicals ( 156,469 pounds)

Paperboard Mills ( 45,556 pounds)

Petroleum Refining ( 42,103 pounds)

Pharmaceutical Preparations ( 1,950 pounds)

Reconstituted Wood Products ( 1,101 pounds)

Plastic Foam Products ( 5 pounds)

Parent companies releasing carcinogens are ranked by total air and water releases. Water releases of parent companies are not presented in the report.

According the facility appendix, a Weyerhaeuser paper mill in Longview, Washington was the single largest direct surface water discharger of carcinogens ( 12,836 pounds).

Geographic Distribution of TRI Chemical Releases In general, the report notes that the " Sunbelt" has replaced the " Rust Belt" as the leading region for release of toxic chemicals. According to the report, 13 southern states are responsible for 48 percent of all air and water carcinogen releases. Texas ranks first in combined air and water releases of carcinogens and dioxins in reporting year 2000. Texas also ranked first in cumulative ( 1987 2000) releases of carcinogens and reproductive, neurological, and respiratory toxicants.

Since 1987, the first TRI reporting year, 10 zip codes have received 68 percent of all air and water releases of reproductive toxicants.