Supporting Statement for an Information Collection Request (ICR)
Under the Paperwork Reduction Act (PRA)
EXECUTIVE SUMMARY
Identification of the Information Collection  -  Title and Numbers
Title:
Residential Lead-Based Paint Hazards Disclosure Requirements
EPA ICR No.:
1710.09
OMB Control No.:
2070-0151
Docket ID No.:
EPA-HQ-OPPT-2017-0631
Abstract
This ICR will cover the information collection activities associated with the reporting and recordkeeping requirements for sellers, lessors, and their agents' disclosure activities in target housing including the allowance of up to ten days for an optional risk assessment or inspection before being obligated under purchase or lease contract.
Summary Table
                                  IC Category
                          Total Number of Respondents
                           Total Number of Responses
                            Response per Respondent
                             Annual Burden (hours)
                                Total Cost ($)
IC 1: Real Estate and Lessor Agents
                                    695,958
                                  11,917,193
                                     17.1
                                    775,797
                                  35,528,425
IC 2: Individuals
                                  16,097,600
                                  32,624,400
                                      2.0
                                   4,705,272
                                  97,792,282
Total
                                  16,793,558
                                  44,541,593
                                      2.7
                                   5,481,069
                                 $133,320,708
Agency
                                       -
                                       -
                                       -
                                       -
                                       -

SUPPORTING STATEMENT
1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (the Act) (42 U.S.C. 4852d) directs the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) to jointly issue regulations requiring disclosure of known lead-based paint and/or lead-based paint hazards by persons selling or leasing housing constructed before the phase out of residential lead-based paint use in 1978. Under that authority, EPA and HUD established requirements at 40 CFR 745, Subpart F and 24 CFR 35, Subpart A. More details are provided in Unit 2(a) of this Supporting Statement.
The related legal authority is the Toxic Substances Control Act (TSCA), 15 U. S. C. 2601 et seq., with related requirements provided in 40 CFR part 745. The various applicable sections are provided in Attachment A and are briefly summarized here along with their implementing regulations, which are provided in Attachment B and C. TSCA section 401 defines target housing as any housing constructed before 1978 except housing for the elderly or  persons with disabilities or 0bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing).

The current regulations in 40 CFR part 745, subpart F cover the types of regulated sale and lease transactions in target housing, the disclosure requirements, and the recordkeeping requirements (Attachment B).
In addition, the EPA has developed extensive guidance and other materials that are available at https://www.epa.gov/lead.
The following provides a general overview for requirements covered in this ICR for each entity:
 Sellers of Pre-1978 Residential Housing:  The rule requires that sellers of pre-1978 housing (1) provide an EPA approved lead hazard information pamphlet to contract offerors, and (2) complete and attach a disclosure form to their sales contracts. A sample form is provided in the preamble to the regulations, but only the information elements are required, each respondent can develop its own form. The form must be signed by the seller, purchaser, and any agent(s) acting on behalf of the seller.
 Lessors of Pre-1978 Residential Housing:  The rule requires lessors of pre-1978 housing to (1) provide an EPA approved lead hazard information pamphlet to lessees, and (2) complete and attach a disclosure form to their leasing contracts. Again, while a sample form is provided, each respondent is permitted to develop its own form. The form must be signed by the lessor and any agent(s) acting on behalf of the lessor. The form must then be retained by the lessor, and any agents acting on their behalf.
 Agents Acting On Behalf of Sellers or Lessors:  Section 1018 of the Act specifically directs EPA to require agents acting on behalf of sellers or lessors to ensure compliance with the disclosure regulations.
EPA and HUD jointly administer and enforce the rule and have agreed to maintain a single ICR for these information collection activities. EPA will take the lead in preparing the necessary documentation for renewals.
2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the Agency has made of the information received from the current collection.
The information collection activities covered by this ICR are necessary components of the Lead Program established under the TSCA mandates discussed in section 2(a) of this Supporting Statement.
The third-party disclosure requirements that are contained in the regulations are specifically mandated by section 1018 of the Act. The recordkeeping requirements contained in the regulations are necessary for ensuring compliance with the provisions of the regulations.
Owners/Occupants of target housing. The third-party disclosure requirements attempt to ensure that families receive both specific information on the housing's lead history and general information on lead exposure prevention. With this information, consumers may be able to make more informed decisions concerning home purchase, lease, and maintenance to protect families from lead hazard exposure.
EPA, HUD, Local Governments. The recordkeeping requirements enable EPA and HUD, as well as tribal governments, state and local regulators and the courts, to both determine compliance and effectively enforce section 1018 and the provisions of the rule. In addition, the Act provides a private cause of action for persons harmed by violations of section 1018, and records kept pursuant to this rule may be important evidence for these parties.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.
The EPA will make use of existing technology to simplify the application and notification processes where available. However, due to the requirements outlined in this ICR, electronic submissions are not generally applicable as submissions are not required to the Agency. Responses to consultations can be sent via electronic mail or other means by preference of the respondent.
4. Describe efforts to identify duplication Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
The third-party disclosure and recordkeeping requirements covered by this ICR are unique and are not in any way duplicated by another information collection
5. If the collection of information impacts small businesses or other small entities, describe the methods used to minimize burden.
 The affected population for this rule is largely comprised of small entities, and all of the requirements have been crafted to maximize flexibility. EPA and HUD have also developed guidance and a sample form to further facilitate and assist small entities with compliance.
6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.
The third-party disclosure is transaction specific and only occurs when the regulated entities are engaged in a specific transaction, i.e., the sale or lease of target housing.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
   a)  requiring respondents to report information to the agency more often than quarterly;
   b)  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
   c)  requiring respondents to submit more than an original and two copies of any document;
   d)  requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
   e)  in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
   f)   requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
   g)  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
   h)  requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Not applicable.
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken in response to the comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside EPA to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or report.
Pursuant to 5 CFR 1320.8(d), EPA will publish a notice in the Federal Register, announcing the planned renewal of this information collection activity, soliciting public comment on specific aspects of the ICR and providing a 60-day public comment period.
In addition to the public notice that EPA will publish in the Federal Register concerning the renewal of this ICR, EPA staff will contact appropriate stakeholders and ask them for their assessment of the regulatory burden estimates expressed by the Agency in this ICR. A summary of these consultations will be provided in Attachment D.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This question is not applicable to this ICR
10. Describe any assurance of. confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
This collection does not require the disclosure or retention of confidential information. The third-party disclosure requirements also comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
EPA asks no questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.The statement should:
 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
 If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under `Annual Cost to Federal Government'
Agent Start-up, Disclosure and Record Preparation, Recordkeeping and Materials Burden
The third-party disclosure requirements specify the communication and recordkeeping for agents and individuals undertaking the purchase, sale, or rental of a target housing unit. The North American Industrial Classification System (NAICS) codes associated with industries most likely affected by the paperwork requirements are described below:

 5312		Real Estate Agents
 5311		Lessors of Real Estate
 5312		Real Estate Agents
 5311		Lessors of Real Estate

The start-up burden involves the time and cost required for agents to learn the disclosure rule's requirements and set up procedures for meeting those requirements. EPA estimates that the paperwork burden related to learning the rule and setting up compliance procedures is one hour. This estimate assumes real estate sales agents, sellers of rental property, and property managers only incur this start-up burden once, when they initially enter the profession. Since the rule's initial year has passed, the calculation assumes each year has an average number of new entrants incurring the start-up costs in their first year.

The disclosure record preparation burden involves the time and cost for performing the disclosure activities in conjunction with the sale or rental of target housing as specified by the rule. Each instance is estimated to take five minutes for each of the parties. For each sale handled by an agent on the seller's side, the agent is expected to explain the rule to the seller. For each offer in each sale handled by an agent on the offeror's side, the agent is expected to explain the rule to the offeror. Thus for each sale without an agent the analysis assumes a total burden of twenty minutes (five minutes on each of two sides, for two offers), and a total burden of thirty-five minutes when the sale has an agent for each offeror and for the seller (twenty minutes plus five minutes for each of three agents).
The record-keeping provisions of this rule require the seller and the selling agent (or in the case of rentals, both the owners/lessors and their agents) maintain records of the signed disclosure. The record-keeping requirement causes them to spend time filing the specified documents. In all likelihood, some type of filing system - either in physical or digital form - already exists for each party. The incremental filing time that may reasonably be attributed to the disclosure rule itself should be very small, or approximately 0.5 minutes (0.0083 hours) per record.
The materials burden involves the cost of materials required for rule compliance. Materials costs include the lead hazard information pamphlets, filing materials, and copies to be made. The sellers and lessors may choose to provide these materials themselves or to have their agents manage these materials. For simplicity, this analysis assumes that these costs are borne by agents when they are involved, and otherwise assumed by the sellers and lessors. Of important note: modern technology allows for real estate transactions and documentation to be completed entirely using digital processes. When this technology is used for a transaction, the material cost of including LBP disclosure paperwork falls to zero. This analysis conservatively assumes that 83% of agent-based transactions and 0% of non-agent-based transactions use such software.
For transactions that incur material costs, it is assumed that there is one copy of a two-page signed acknowledgment and disclosure statement for every offer or rental contract. For sales and rentals involving agents, up to four sets of the contract must be generated by the agent (one for the buyer/lessee, one for the seller/lessor and one for each agent). Sales transactions will also require a one-page lead-based paint inspection contingency clause for each party. Those are not required for rentals. This analysis assumes two offers per sale. Copy costs are assumed to be an average of $0.10 per page, the standard price per page at copy centers for black and white copies (November 2021). For simplicity, all transactions involving an agent on the seller/lessor side are also assumed to have an agent on the buyer/lessee side.
In addition, filing-related material costs include the cost of storing the signed disclosure and acknowledgment statements that result from a completed transaction. Filing costs for individual buyers and sellers and owners and renters are considered a negligible incidental expense. The filing costs are assumed to apply only for agents. For filing materials, it is assumed a four-drawer, 26.5-inch deep filing cabinet can hold 26,500 sheets of paper and costs approximately $260 (average price at large office supply stores, November 2021). This translates into an approximate $0.01 cost per sheet of paper. For each sale or rental transaction, agents are assumed to retain one sheet of paper containing a signed disclosure and acknowledgment statement.

IC# 1. Agent Start-up, Disclosure and Record Preparation, Recordkeeping, and Material Burden
                        Citation: 40 CFR 745, subpart F
Data Element
Form
Responses
Burden (hours)
Materials
Cost ($)
Start-up Burden Real Estate Agents
N/A
                                                                         17,744
                                                                         17,744
N/A
                                                                        665,755
Start-up Burden Lessor Agents
N/A
                                                                         15,201
                                                                         15,201
N/A
                                                                        469,711
Disclosure and Record Preparation for Seller Agents (89% of total sales)
Disclosure Form
                                                                      2,515,140
                                                                        209,595
N/A
                                                                      9,494,654
Disclosure and Record Preparation for Offeror Agents (88% of total sales x2)
Disclosure Form
                                                                      4,973,760
                                                                        414,480
N/A
                                                                     18,775,944
Disclosure and Record Preparation for Owner/Lessor Agents (15% of total rentals)
Disclosure Form
                                                                        783,420
                                                                         65,285
N/A
                                                                      2,706,063
Disclosure and Record Preparation for Tenant/Lessee Agents (6% of total rentals)
Disclosure Form
                                                                        313,368
                                                                         26,114
N/A
                                                                        511,834
Recordkeeping for Seller Agents (89%)
N/A
                                                                      2,515,140
                                                                         20,876
N/A
                                                                        945,667
Recordkeeping for Owner/Lessor Agents (15%)
N/A
                                                                        783,420
                                                                          6,502
N/A
                                                                        269,524
                                                                       Subtotal
                                                                     11,917,193
                                                                        775,797

                                                                     33,839,152
                                Material Burden
Pamphlets for Sales (15% of total sales x2)
EPA747-K-99-001
N/A
N/A
                                                                        855,148
                                                                       615,706
Pamphlets for Rentals (2.5% of total rentals)
EPA747-K-99-001
N/A
N/A
                                                                        266,363
                                                                       191,781
Copied Pages for non-electronic sales with Agents (15% of total sales)
N/A
N/A
N/A
                                                                      7,696,328
                                                                       769,633
Copied Pages for non-electronic rentals with Agents (2.5% of total rentals)
N/A
N/A
N/A
                                                                      1,065,451
                                                                       106,545
Filed Pages for non-electronic sales with Agents (15% of total sales)
N/A
N/A
N/A
                                                                        427,574
                                                                         4,276
Filed Pages for non-electronic rentals with Agents (2.5% of total rentals)
N/A
N/A
N/A
                                                                        133,181
                                                                         1,332
                                                                       Subtotal

                                                                      1,689,273
                                                                    Grand Total
                                                                     11,917,193
                                                                        775,797

                                                                     35,528,425

Seller, Offeror, and Tenant Disclosure and Record Preparation, Recordkeeping, and Material
Burden
The disclosure requirements also apply to sellers, offerors, and tenants undertaking the purchase, sale, or rental of a target housing unit. For these individuals, the start-up burden involves the time and cost required for individuals to learn the disclosure rule's requirements and set up procedures for meeting those requirements. EPA estimates that the paperwork burden related to learning the rule and setting up compliance procedures is one hour. To be conservative in analysis and because suitable data does not exist, each seller is assumed to incur the start-up burden, regardless of potential previous experience with the rule.
The disclosure record preparation burden involves the time and cost for performing the disclosure activities in conjunction with the sale or rental of target housing as specified by the rule. Each instance is estimated to take five minutes for each of the parties. Thus for each sale without an agent the analysis assumes a total burden of twenty minutes (five minutes on each of two sides, for two offers).
The record-keeping provisions of this rule require the seller, or lessor in the case of rentals, to maintain records of the signed disclosure. The record-keeping requirement causes them to spend time in filing the specified documents. In all likelihood, some type of filing system -- either physical or digital -- exists for each party. The incremental filing time that may reasonably be attributed to the disclosure rule itself should be very small, or approximately 0.5 minutes (0.0083 hours) per record.
The materials burden involves the cost of materials required for rule compliance. Sellers/lessors must pay these costs if they are transacting without an agent. Due to a lack of data on the subject, it is conservatively assumed that sellers/lessors without agents do not use electronic transaction/documentation technologies. Thus, material costs include pamphlets and copies provided by sellers or lessors. Again, there is one two-page copy of a signed acknowledgment and disclosure statement per party for every offer or rental contract. Sales transactions also require a one-page lead-based paint inspection contingency clause for each party. Those are not required for rentals. This analysis assumes two offers per sale. Copy costs are assumed to be an average of $0.10 per page, the standard price per page at copy centers for black and white copies (November 2021). For simplicity, all transactions involving an agent on the seller/lessor side are also assumed to have an agent on the buyer/lessee side.
IC# 2. Seller, Offeror, and Tenant Disclosure and Record Preparation, Recordkeeping, and Material Burden
                        Citation: 40 CFR 745, subpart F
Data Element
Form
Responses
Burden (hours)
Materials
Cost ($)
Start-up Burden to Sellers unlikely to have previous experience with LBP disclosure
N/A
   2,826,000
                                                                      2,826,000
N/A
                                                                     55,389,600
Disclosure and Record Preparation for Sellers (x2)
Disclosure Form
                                                                      5,652,000
                                                                        471,000
N/A
                                                                      9,231,600
Disclosure and Record Preparation for Offerors (x2)
Disclosure Form
   5,652,000
                                                                        471,000
N/A
                                                                      9,231,600
Disclosure and Record Preparation for Owners/Lessors
Disclosure Form
                                                                      5,222,800
                                                                        435,233
N/A
                                                                      8,530,573
Disclosure and Record Preparation for Tenants
Disclosure Form
                                                                      5,222,800
                                                                        435,233
N/A
                                                                      8,530,573
Recordkeeping for Sellers
N/A
                                                                      2,826,000
                                                                         23,456
N/A
                                                                        459,734
Recordkeeping for Owner/Lessors
N/A
                                                                      5,222,800
                                                                         43,349
N/A
                                                                        849,645
                                                                       Subtotal
                                                                     32,624,400
                                                                      4,705,272

                                                                     92,223,325
                                Material Burden
Pamphlets for Sales, No Agent (11% of total sales x2)
EPA747-K-99-001
N/A
N/A
                                                                        310,860
                                                                       223,819
Pamphlets for Rentals, No Agent (85% of total rentals)
EPA747-K-99-001
N/A
N/A
                                                                      4,439,380
                                                                     3,196,354
Copied Pages for Sales without Agents (11% of total sales)
N/A
N/A
N/A
                                                                      3,730,320
                                                                       373,032
Copied Pages for rentals without Agents (85% of total rentals)
N/A
N/A
N/A
                                                                     17,757,520
                                                                     1,775,752
                                                                       Subtotal

                                                                      5,568,957
                                                                    Grand Total
                                                                     32,624,400
                                                                      4,705,272

                                                                     97,792,282

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information.
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

There are no operational and/or maintenance costs.
14.  Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
The primary purpose of this information collection activity is the provision of certain information between two parties in a transaction, i.e., third-party disclosure. The agencies are therefore primarily engaged in the following basic activities:
 Public outreach to assist in the understanding of, and compliance with, the rule requirements
 The development and maintenance of an infrastructure for receiving tips and complaints regarding alleged violations of the regulations
 Compliance monitoring and enforcement of the provisions in the regulation

The primary purpose of this information collection activity is the provision of certain information between two parties in a transaction, and constitutes a third-party disclosure under the PRA. The Agency burden and costs associated with this activity are, therefore, limited to the provision of guidance and program oversight or enforcement. As such, there is no need to estimate the related Agency burden and costs under the PRA. There are no costs to the Agency.

15. Explain the reasons for any program changes or adjustments reported in hour or cost burden.
The burden from the previously approved ICR was 5,952,344 hours. The total burden requested for this ICR is 5,481,069 hours, or a decrease of 471,275 hours from the previous total burden. The previously approved ICR estimated 56,299,873 responses while the new estimated number of responses is 44,541,593. These differences in the current burden request and the previously approved request are due to adjustments in EPA's calculation of the burden. Several adjustments to the estimates were made, including:

 Revisions to the estimated number of respondents based on updates to data sources such as the American Housing Survey, Bureau of Labor Statistics, and the National Association of Realtors;
 Revisions to estimated real estate agent use rates due to new, previously unused data in the Rental Housing Finance Survey and American Housing Survey;
 Revisions to estimated material costs based on technological innovation in the real estate industry. Per the 2021 National Association of Realtors' Profile of Real Estate Firms, the use of electronic transaction/documentation technologies is now fairly ubiquitous in the industry (83% of residential agents/brokers); and
 Revisions based on market factors. There was an 18% decrease in new rentals of target properties compared with the previous ICR. There was also a decline in the percent of owner-occupied target housing stock; during the previous ICR it was 50.2 percent, while for this ICR it is 47.9 percent. These changes are expected as older houses and buildings are torn down and as new houses are built and enter the market. Despite the decline in the fraction of the owner-occupied target housing stock, a hotter sales market at the present time has resulted in a slight increase in forecasted total sales of target housing.

The total combined cost burden of the previously approved ICR was $130,047,705. The total cost burden requested for this ICR is $133,320,708. The difference of $3,273,003 between the current cost burden request and the previously approved requests is due only to adjustments in EPA's estimates of the burden. In addition to the adjustments listed above, the wage rates and material costs were revised to reflect 2021 dollars for this information collection request. In all, wage rates have increased. And while increases to material costs are small on a per-unit basis, once aggregated over millions of responses, they also contribute a noticeable increase in the overall cost of the ICR.
Due to ongoing volatility in housing sales and rental markets, EPA considered the potential impact on estimated paperwork burden and cost if the sales or rentals were five percent greater than or five percent less than projected in the Supporting Statement. The total burden and cost could not simply be increased or decreased by five percent because not all burden and cost estimates are impacted equally by either sales or rentals. And while the pass-through impacts on sales and rentals of housing are related, there is not a perfect correlation between the trends.
A five percent change in housing sales results in the target housing changing by 141,000 units, creating a range from 2.685 million housing units to 2.967 million housing units. The Supporting Statement assumed target housing sales were 2.826 million units. Total burden in the Supporting Statement was an estimated 5,481,069 hours at a cost of $133,320,708. The five percent change would result in a change of 222,000 hours and $5.3 million dollars. The total burden would range from 5,259,248 to 5,702,889 hours and the cost from $128,044,944 to $138,596,471. These ranges were calculated assuming no change in the rental estimate presented in the Supporting Statement.
A five percent change in target housing rentals results in a change of 261,000 units, creating a range from 4.96 million units to 5.48 million units. The Supporting Statement assumed new housing rentals were 5.22 million units. Total burden in the Supporting Statement was an estimated 5,481,069 hours at a cost of $133,320,708. The five percent change would result in a change of 50,586 hours and $1.3 million dollars. The total burden would range from 5,430,483 to 5,531,654 hours and the cost from $131,987,209 to $134,654,206. These ranges were calculated assuming no change in the sales estimate presented in the Supporting Statement.

EPA is also revising the seller's and lessor's disclosure of information sample forms to provide greater clarity on how to fill out the forms under 40 CFR 745, Subpart F and 24 CFR 35, Subpart A. EPA appreciates comments regarding these clarifying revisions to the sample forms.
16. For collections whose results will be published, outline the plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Not applicable.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
This question not applicable to this ICR
18. Explain each exception to the certification statement identified in Item 19 of OMB Form 83-I.
EPA does not request an exception to the certification of this information collection.
SUPPLEMENTAL INFORMATION
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No. 2070-0151). Responses to this collection of information are mandatory (40 CFR 745). 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 public reporting and recordkeeping burden for this collection of information is estimated to be 0.12 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address."
LIST OF ATTACHMENTS
The attachments listed below can be found in the docket for this ICR or by using the hyperlink that is provided in the list below. The docket for this ICR is accessible electronically through http://www.regulations.gov using Docket ID Number: EPA-HQ-OPPT-2017-0631.
                                       A
42 USC 4852d - Residential Lead-Based Paint Hazard Reduction Act of 1992, Section 1018. Also available online at the U.S. House of Representatives' US Code website.
                                       B
40 CFR part 745, Subpart F - Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property. Also available online at the National Archives and Records Administration's Electronic CFR Website.
                                       C
24 CFR part 35, Subpart A  - Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property. Also available online at the National Archives and Records Administration's Electronic CFR Website.
                                       D
Reserved for consultation
                                       E
Seller's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (Sample Form) with edits. Current version is available online at https://www.epa.gov/lead/sellers-disclosure-information-lead-based-paint-andor-lead-based-paint-hazards.
                                       F
Lessor's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (Sample Form) with edits. Current version is available at online at https://www.epa.gov/lead/lessors-disclosure-information-lead-based-paint-andor-lead-based-paint-hazards.
                                       G
Lead Hazard Information Pamphlet - "Protect Your Family from Lead
In Your Home" (EPA747-K-12-001). Also available at online at https://www.epa.gov/lead/protect-your-family-lead-your-home-english.


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79329-79330]
[FR Doc No: 2015-32011]

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

[EPA-HQ-OAR-2015-0806; FRL-9940-40-OAR]

Access by EPA Contractors to Information Claimed as Confidential
Business Information (CBI) Submitted under Title II of the Clean Air
Act and Related Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA)'s Office of
Transportation and Air Quality (OTAQ) plans to authorize various
contractors to access information which will be submitted to the EPA
under Title II of the Clean Air Act that may be claimed as, or may be
determined to be, confidential business information (CBI). Access to
this information, which is related to registration of fuels and fuel
additives under 40 CFR part 79; various fuels reporting programs under
40 CFR part 80; and reporting of various greenhouse gas reporting items
under the mandatory reporting rule of 40 CFR part 98, subparts A, LL
and MM will begin on December 31, 2015.

DATES: The EPA will accept comments on this Notice through December 28,
2015.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., MC 6405A, Washington, DC, 20004;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Notice Apply to Me?

    This action is directed to the general public. However, this action
may be of particular interest to parties who submit or have previously
submitted information to the EPA regarding the following programs: fuel
and fuel additive registration (40 CFR part 79); and various fuels
programs including reformulated gasoline, anti-dumping, gasoline
sulfur, ultra low sulfur diesel, benzene content, and the renewable
fuel standard (40 CFR part 80). Parties who may be interested include
refiners, importers, producers of renewable fuels, parties who engage
in RIN transactions, and all those who submit compliance reports to the
EPA via any method (e.g., via EPA's Central Data Exchange, or CDX),
including those who engage in reporting via the EPA Moderated
Transaction System (EMTS).
    This action may also be of particular interest to parties such as
suppliers of coal-based liquid fuels and suppliers of petroleum
products, as described in 40 CFR part 98 subparts LL and MM,
respectively. (40 CFR part 98, subpart A contains general provisions
related to registration and reporting.) Parties who may be interested
in this notice include refiners, importers, and exporters of these
products.
    This Federal Register notice may be of particular relevance to
parties that have submitted data under the above-listed programs or
systems. Since other parties may also be interested, the Agency has not
attempted to describe all the specific parties that may be affected by
this action. If you have further questions regarding the applicability
of this action to a particular party, please contact the person listed
in FOR FURTHER INFORMATION CONTACT.

II. How can I get copies of this document and other related
information?

A. Electronically

    The EPA has established a public docket for this Federal Register
notice under Docket EPA-HQ-OAR-2015-0806.
    All documents in the docket are identified in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, such as confidential
business information (CBI) or other information for which disclosure is
restricted by statute. Certain materials, such as copyrighted material,
will only be available in hard copy at the EPA Docket Center.

B. EPA Docket Center

    Materials listed under Docket EPA-HQ-OAR-2015-0806 will be
available for public viewing at the EPA Docket Center Reading Room, WJC
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20004. The EPA Docket Center Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.

III. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information (CBI) to Contractors

    The EPA's Office of Transportation and Air Quality (OTAQ) has
responsibility for protecting public health and the environment by
regulating air pollution from motor vehicles, engines, and the fuels
used to operate them, and by encouraging travel choices that minimize
emissions. In order to implement various Clean Air Act programs, and to
permit regulated entities flexibility in meeting regulatory
requirements (e.g., compliance on average), we collect compliance
reports and other information from them. Occasionally, the information
submitted is claimed to be confidential business information (CBI).
Information submitted under such a claim is handled in accordance with
EPA's regulations at 40 CFR part 2, subpart B and in accordance with
the EPA procedures, including comprehensive system security plans
(SSPs) that are consistent with those regulations. When the EPA has
determined that disclosure of information claimed as CBI to contractors
is necessary, the corresponding contract must address the appropriate
use and handling of the information by the contractor and the
contractor must require its personnel who require access to information
claimed as CBI to sign written non-disclosure agreements before they
are granted access to data.
    In accordance with 40 CFR 2.301(h), we have determined that the
contractors, subcontractors, and grantees (collectively referred to as
``contractors'') listed below require access to CBI submitted to us
under the Clean Air Act and in connection with the Mandatory Greenhouse
Gas (GHG) Reporting Rule [40 CFR part 98, subparts A (general
registration and reporting provisions) LL, and MM], as well as various
OTAQ programs related to fuels, vehicles, and engines (40 CFR parts 79
and 80) and we are providing notice and an opportunity to comment. OTAQ
collects this data in order to monitor compliance with Clean Air Act
programs and, in many cases, to permit regulated parties flexibility in
meeting regulatory requirements. For example, data that may contain CBI
are collected to register fuels and fuel additives prior to
introduction into commerce. Certain programs are designed to permit
regulated parties an opportunity to comply on average, or to engage in
transactions using various types of credits. For example, OTAQ collects
information about batches of gasoline that refiners produce to ensure
compliance with reformulated gasoline standards. We are issuing this
Federal Register notice to inform all affected submitters of
information that we plan to grant access to material that may be
claimed as CBI to the contractors identified below on a need-to-know
basis.
    Under Contract Number EP-C-11-007, CSRA, located at 3170 Fairview
Park Drive, Falls Church, VA 22042, and at 650 Peter Jefferson Parkway,
Suite 300, Charlottesville, VA 22901, and its subcontractor, Ecco
Select, 1301 Oak Street, Suite 400, Kansas City, MO 64106, provide
report processing, program support, technical support, and information
technology services that involve access to information claimed as CBI
related to 40 CFR part 79, 40 CFR part 80, and 40 CFR part 98 subparts
A, LL, and MM. Access to data, including information claimed as CBI,
will commence on December 31, 2015. and will continue until June 30,
2016. If the contract is extended, this access will continue for the
remainder of the contract without further notice.
    OTAQ utilizes the services of enrollees under the Senior
Environmental Employment (SEE) program. Some SEE enrollees are provided
through Grant Number CQ-834621, the National Association for Hispanic
Elderly (NAHE), located at 234 East Colorado Boulevard, Suite 300,
Pasadena, CA 91101, and through Grant Numbers CQ-835372 and CQ-835572,
the Senior Service America, Inc. (SSAI), located at 8403 Colesville
Road, Suite 1200, Silver Spring, MD 20910. Access to data relating to
all of OTAQ's programs and to subparts A, LL, and MM of the Mandatory
GHG Reporting Rule, including information claimed as CBI, is ongoing
until December 31, 2016 for Grant Number CQ-834621, October 14, 2016
for Grant Number CQ-835372, and September 30, 2016 for Grant Number CQ-
835572. If these grants are extended, this access will continue for the
remainder of the grants and any future extensions without further
notice.
    OTAQ also has fellows provided via the Oak Ridge Institute for
Science and Education (ORISE) Intern/Research Participation Program.
Some participants are provided through Interagency Agreement Number
DW89924039, the ORISE, located at 1299 Bethel Valley Road, Building SC-
200, Oak Ridge, TN 37830. Access to data relating to all of OTAQ's
programs and to subparts A, LL, and MM of the Mandatory GHG Reporting
Rule, including information claimed as CBI, but excluding CBI under the
Toxic Substances Control Act (TSCA) and the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), is ongoing until September 30,
2016. If the program is extended, this access will continue for the
remainder of the program and any future extensions without further
notice.
    Parties who want further information about this Federal Register
notice or about OTAQ's disclosure of information claimed as CBI to
contactors may contact the person listed under FOR FURTHER INFORMATION
CONTACT.

    Dated: December 15, 2015.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation & Air Quality,
Office of Air and Radiation.
[FR Doc. 2015-32011 Filed 12-18-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5106-5107]
[FR Doc No: 2015-01771]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0971; FRL--9922-28-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; National Volatile Organic Compound Emission
Standards for Aerosol Coatings (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``National Volatile Organic
Compound Emission Standards for Aerosol Coatings'' (EPA ICR No.
2289.03, OMB Control No. 2060-0617) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through January 31, 2015. Public
comments were previously requested via the Federal Register (79 FR
55449) on September 16, 2014 during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of

information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before March 2, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2006-0971, to (1) EPA online using www.regulations.gov (our
preferred method) or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ms. Kaye Whitfield, Sector Policies
and Programs Division (Mail Code D243-02), Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The EPA is required under section 183(e) of the Clean Air
Act (CAA) to regulate volatile organic compound (VOC) emissions from
the use of consumer and commercial products. Pursuant to CAA section
183(e)(3), the EPA published a list of consumer and commercial products
and a schedule for their regulation (60 FR 15264). Aerosol coatings are
included on the list, and the standards for such coatings are codified
at 40 CFR part 59, subpart E. The reports required under the standards
enable the EPA to identify coating formulations manufactured, imported
or distributed in the United States, and to determine the product-
weighted reactivity. The ICR addresses the burden for activities
conducted in 3-year increments after promulgation of the national VOC
emission standards for aerosol coatings. Regulated entities read
instructions to determine how they are affected by the rule. They are
required to submit initial notifications when an aerosol coating is
manufactured and notification of changes in the initial report, to
report formulation data and exemptions claimed and to maintain records.
In addition, regulated entities are required to submit triennial
reports that include formulation data and VOC usage.
    Form Numbers: None.
    Respondents/affected entities: Manufacturers, distributors and
importers of aerosol coatings.
    Respondent's obligation to respond: Mandatory under 40 CFR part 59,
subpart E.
    Estimated number of respondents: 64 (total).
    Frequency of response: Annual, triennial.
    Total estimated burden: 12,265 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1,033,626 (per year), includes no annualized
capital or operation & maintenance costs.
    Changes in the estimates: There is no change in hours in the total
estimated respondent burden compared with the ICR currently approved by
OMB.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-01771 Filed 1-29-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16011-16012]
[FR Doc No: 2019-07675]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0534; FRL-9991-88-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Surface Coating of Plastic Parts
for Business Machines (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Surface Coating of
Plastic Parts for Business Machines (EPA ICR Number 1093.12, OMB
Control Number 2060-0162), to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act.
This is a proposed extension of the ICR, which is currently approved
through April 30, 2019. Public comments were previously requested, via
the Federal Register, on May 30, 2018 during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may neither conduct nor
sponsor, and a person is not required to respond to, a collection of
information unless it

displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before May 17, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0534, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to [email protected]. Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket, without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Surface
Coating of Plastic Parts for Business Machines (40 CFR part 60 subpart
TTT) were proposed on January 8, 1986, promulgated on January 29, 1988,
and amended on October 17, 2000. These regulations apply to new
facilities that perform industrial surface coating operations on
plastic parts for use in the manufacture of business machines: Each
spray booth that applies prime coats, color coats, texture coats or
touch-up coats. New facilities include those that commenced
construction, modification, or reconstruction after the date of
proposal. This information is being collected to assure compliance with
40 CFR part 60, subpart TTT.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form Numbers: None.
    Respondents/affected entities: Facilities that perform industrial
surface coating on plastic parts for business machines.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart TTT).
    Estimated number of respondents: 10 (total).
    Frequency of response: Initially, quarterly and semiannually.
    Total estimated burden: 992 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $113,000 (per year), which includes $0 in
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is no change in the labor hours in
this ICR compared to the previous ICR. This is due to two
considerations: (1) The regulations have not changed over the past
three years and are not anticipated to change over the next three
years; and (2) the growth rate for the industry is very low, negative
or non-existent, so there is no significant change in the overall
burden.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-07675 Filed 4-16-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Notices]
[Page 66820-66822]
[DOCID:fr16no06-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54727; File No. SR-NYSE-2006-79]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to a Fee on Orders in Equities and Exchange Traded Funds
Routed From the Exchange and Executed in Another Market Pursuant to the
Linkage Plan

November 8, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 29, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Exchange filed the proposal pursuant to Section 19(b)(3)(A) of the Act
\3\ and subparagraph (f)(2) of Rule 19b-4 thereunder \4\ which renders
the proposal effective upon filing with the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \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)(2).
---------------------------------------------------------------------------

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

    The Exchange is proposing to charge a fee (``Linkage Order Fee'')
to its member organizations in connection with orders in equities and
Exchange Traded Funds (``ETFs'') routed from the Exchange and executed
in another market pursuant to the ``Plan for the Purpose of Creating
and Operating an Intermarket Communications Linkage'' (``Linkage
Plan'').
    The text of the proposed rule change is available on the NYSE's Web
site (http://www.nyse.com), at the NYSE's Office of the Secretary, 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 NYSE has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose

    The NYSE proposes to charge a Linkage Order Fee to its member
organizations in connection with orders in equities and ETFs routed
from the Exchange and executed in another market pursuant to the
Linkage Plan.\5\ The ``Linkage Order Fee'' would be paid on such orders
in the amount of $0.00025 per share and, for ETFs, in the amount of
$0.0030 per share. The Linkage Order Fee is proposed to take effect on
October 1, 2006 and to extend until the scheduled termination of the
Linkage Plan on June 30, 2007.
---------------------------------------------------------------------------

    \5\ The Linkage Plan was filed with the Commission pursuant to
Rule 608 of Regulation NMS under the Act. The purpose of the Linkage
Plan is to enable the Plan Participants to act jointly in planning,
developing, operating and regulating the NMS Linkage System
electronically linking the Plan Participant Markets to one another,
as described in the Linkage Plan. Following approval by the
Commission, the Plan became operative on October 1, 2006. The Plan
would terminate on June 30, 2007; however, Participants that wished
to extend the term could agree to do so, subject to Commission
approval. See Securities Exchange Act Release No. 54551 (Sept. 29,
2006), 71 FR 59148 (Oct. 6, 2006) (approving the Linkage Plan).
---------------------------------------------------------------------------

    The Linkage Plan provides that orders be sent to a Participant
market through the auspices of a member of that Participant
(``Sponsoring Member'').\6\ The Exchange has identified Archipelago
Securities LLC (``Arca Securities'') as the Exchange's Sponsoring
Member for orders executed in a destination market. Arca Securities
would be billed by the destination markets for orders entered on the
Exchange by Entering Firms but routed to other markets for execution.
The Exchange would assume responsibility for fees paid by Arca
Securities to Participant markets in its capacity as the Exchange's
Sponsoring Member. The Exchange proposes to bill each Entering Firm the
Linkage Order Fee in order to recover these expenses.
---------------------------------------------------------------------------

    \6\ The Participants in the Linkage Plan are the American Stock
Exchange LLC, the Boston Stock Exchange, Inc., the Chicago Board
Options Exchange, Inc., the Chicago Stock Exchange, Inc., the Nasdaq
Stock Market LLC, the National Stock Exchange, the New York Stock
Exchange LLC, the NYSE Arca, Inc., and the Philadelphia Stock
Exchange, Inc.
---------------------------------------------------------------------------

    Each Entering Firm would be billed the Linkage Order Fee for
equities each month with respect to the number of shares that such firm
has executed pursuant to the Linkage Plan. Such fee would be subject to
the monthly fee cap per Entering Firm of $750,000, but it would not be
subject to the cap of $80 per transaction in the 2006 Exchange Price
List.
    The Exchange also would impose a Linkage Order Fee for ETFs of
$0.0030 per share, to be billed monthly. While this is the same as the
Broker/Dealer per share fee currently imposed, the Linkage Order Fee
would apply both to ETFs listed on the Exchange and to those traded on
the Exchange pursuant to unlisted trading privileges (``UTP''). (ETFs
traded pursuant to UTP are currently subject to a transaction fee
moratorium.) In addition, the Linkage Order Fee would apply to System
Orders under 5,100 shares and would not be subject to the cap of $100
per trade for ETFs.
    The Exchange is also proposing to make a minor change to the ETF
transaction fee schedule to specify that the fee is $0.0030 per share
rather than $0.30 per round lot, consistent with the form of the
transaction fee schedule for equities.
    The Exchange also proposes to amend the 2006 Price List to clarify
that transactions by members acting as specialist for the specialist's
own account are not subject to transaction fees on ETF transactions.\7\
---------------------------------------------------------------------------

    \7\ The Exchange's transaction fee schedule was most recently
amended in Securities Exchange Act Release No. 54142 (July 13,
2006), 71 FR 41493 (July 21, 2006) (SR-NYSE-2006-46).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\8\ in general, and
Section 6(b)(4) of the Act,\9\ in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees and other
charges among the Exchange's members and other persons using its
facilities. The fee is intended to permit the Exchange to recover fees
billed to Arca Securities, as a Sponsoring Member, by other markets for
orders executed pursuant to the Linkage Plan. In addition, with the
exception of the per trade or per month fee caps applicable to non-
Linkage orders, the billing rate is the same for Linkage and non-
Linkage orders.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    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 proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \10\ and subparagraph (f)(2) of Rule 19b-4
\11\ thereunder, because it involves a member due, fee or other charge.
At any time within sixty (60) days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

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

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/.
[fxsp0]rules/sro.[fxsp0]shtml); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-79 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2006-79. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference

Room. Copies of such filing also will be available for inspection and
copying at the principal office of the NYSE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2006-79 and should be submitted on
or before December 7, 2006.
    For the Commission, by the Division of Market Regulation, pursuant
to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
 [FR Doc. E6-19380 Filed 11-15-06; 8:45 am]

BILLING CODE 8011-01-P