[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56097-56098]
[DOCID:fr15se10-67]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-9201-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NPDES Animal Sectors (Renewal);
EPA ICR No. 1989.07; OMB Control No. 2040-0250

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. This ICR describes the nature of the information
collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 15,
2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Water Docket, Mail Code
28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street,
NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On February 25, 2010 (75 FR 8695), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the
comment period. Any additional comments on this ICR should be submitted
to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2008-0719, which is available for online viewing at
http://www.regulations.gov, or in-person viewing at the Water 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 Water Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document. Please note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing at www.regulations.gov as EPA receives them and
without change, unless the comment contains copyrighted material,
confidential business information (CBI), or other information whose
public disclosure is restricted by statute. For further information
about the electronic docket, go to www.regulations.gov.
    Title: NPDES Animal Sectors (Renewal)
    ICR Number: EPA ICR No. 1989.07, OMB Control No. 2040-0250.
    ICR Status: This ICR is currently scheduled to expire on July 31,
2012. 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 in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, and are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The purpose of this ICR is to consolidate, streamline,
and update EPA's concentrated animal feeding operations (CAFOs) and
concentrated aquatic animal production (CAAP) facility ICRs into the
currently approved ICR for CAFOs (OMB Control No. 2040-0250). The two
ICRs that are being consolidated in this ICR are: (1) NPDES and ELG
Regulatory Revisions for Concentrated Animal Feeding Operations (Final
Rule) (OMB Control No. 2040-0250); and (2) Concentrated Aquatic Animal
Production (CAAP) Effluent Guidelines (OMB Control No. 2040-0258).
Additionally, two activities reported in the NPDES Program ICR (OMB
Control No. 2040-0004) that are directly related with CAAP facilities
or CAFOs will be incorporated in this ICR. (The two activities are the
Permit Application for CAAP facilities using form 2B and Other
Noncompliance Reports for CAFOs.)
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.1
hours 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 which have subsequently changed; 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.
    Respondents/Affected Entities: concentrated animal feeding
operations (CAFOs) and a subset of facilities engaged in aquatic animal
production defined in 40 CFR part 451.
    Estimated Number of Respondents: 22,844.
    Frequency of Response: Varies (On occasion, Daily, Weekly, Monthly,
Annually).
    Estimated Total Annual Hour Burden: 3,273,678.
    Estimated Total Annual Cost: $73,624,822, includes $8,780,398
annualized capital or O&M costs.
    Changes in the Estimates: The current burden approved by OMB for
the two ICRs being consolidated plus the activities from the NPDES
Program ICR being migrated to this ICR is 3,044,140 hours. This
consolidated ICR estimates a total burden that is 229,538 hours more
than the currently approved burden for the same ICRs (a 7.5 percent
increase). The main cause of increase is that the animal agricultural
industry has continued to grow and consolidate, which has resulted in a
greater number of animal feeding operations (AFOs) that meet the size
threshold for being defined as a Large CAFO. The projections also
reflect more robust estimates from States and EPA regions on numbers of
CAFOs in each. EPA estimates that the industry will grow at an average
annual rate of 5.6% over the life of this ICR; with permitted CAFOs
growing at an average annual rate of 6.0%.

    Dated: September 9, 2010.
John Moses, Director,
Collection Strategies Division.
[FR Doc. 2010-22975 Filed 9-14-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 44011-44012]
[FR Doc No: 2016-15873]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER11-3013-006; ER10-2870-007; ER10-2865-007.
    Applicants: Coolidge Power LLC, TransCanada Power Marketing Ltd,
TransCanada Energy Sales Ltd.
    Description: Updated Market Power Analysis for the Southwest Region
of the TransCanada Entities, et al.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5188.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-833-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-06-28 90 day PRA Compliance
Filing to be effective 9/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5144.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-1462-001.
    Applicants: Palmco Power DE LLC.
    Description: Asset Appendix to June 27, 2016 Palmco Power DE LLC
tariff filing.
    Filed Date: 6/24/16.
    Accession Number: 20160624-5267.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1464-001.
    Applicants: Palmco Power ME, LLC.
    Description: Asset Appendix to June 27, 2016 Palmco Power ME, LLC
tariff filing.
    Filed Date: 6/27/16.
    Accession Number: 20160627-5334.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1465-001.
    Applicants: Palmco Power MI LLC.
    Description: Asset Appendix to June 27, 2016 Palmco Power MI LLC
tariff filing.
    Filed Date: 6/24/16.

    Accession Number: 20160624-5268.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1466-001.
    Applicants: Palmco Power NH LLC.
    Description: Asset Appendix B for Palmco Power NH LLC.
    Filed Date: 6/27/16.
    Accession Number: 20160627-5329.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1467-001.
    Applicants: Palmco Power VA LLC.
    Description: Asset Appendix to June 27, 2016 Palmco Power VA LLC
tariff filing.
    Filed Date: 6/27/16.
    Accession Number: 20160627-5331.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1468-001.
    Applicants: Palmco Power RI LLC.
    Description: Asset Appendix to June 27, 2016 Palmco Power RI LLC
tariff filing.
    Filed Date: 6/27/16.
    Accession Number: 20160627-5332.
    Comments Due: 5 p.m. ET 7/18/16.

    Docket Numbers: ER16-1635-001.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment: Rate Schedule No. 281 to be
effective 7/6/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5197.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2039-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-06-28_SA 2924 Prairie
Wind Energy-MidAmerican FCA (J344) to be effective 6/29/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5110.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2040-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1883R5 Westar Energy, Inc.
NITSA and NOA (Alma) to be effective 9/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5119.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2041-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1886R5 Westar Energy, Inc.
NITSA and NOA (Doniphan) to be effective 9/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5122.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2042-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1887R5 Westar Energy, Inc.
NITSA and NOA (Elsmore) to be effective 9/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5123.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2043-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3207 WAPA-UGP and Montana-
Dakota Utilities Att AO to be effective 6/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5128.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2044-000.
    Applicants: Elk Hills Power, LLC.
    Description: Market-Based Triennial Review Filing: EHP Market Based
Rate Triennial Review to be effective 6/29/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5170.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2045-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1884R5 Westar Energy, Inc.
NITSA and NOA (Blue Mound) to be effective 9/1/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5174.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2046-000.
    Applicants: Alta Wind VIII, LLC.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Notice of
Change in Status to be effective 6/29/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5196.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-2047-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-06-28_SA 2778
MidAmerican-MidAmerican LGIA (R38) to be effective 6/29/2016.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5213.
    Comments Due: 5 p.m. ET 7/19/16.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH16-8-000.
    Applicants: Starwood Energy Group Global, L.L.C.
    Description: Starwood Energy Group Global, L.L.C. submits FERC 65-B
Material Change in Facts of Waiver Notification.
    Filed Date: 6/27/16.
    Accession Number: 20160627-5326.
    Comments Due: 5 p.m. ET 7/18/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 28, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15873 Filed 7-5-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Notices]
[Page 8841-8842]
[DOCID:fr26fe09-97]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25756]

Commercial Driver's License (CDL) Standards: Granting of
Exemption; Volvo Trucks North America (Volvo)

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

ACTION: Notice of final disposition; granting of application for
exemption.

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SUMMARY: FMCSA announces its decision to grant Volvo Trucks North
America, Inc.'s (Volvo) application for an exemption for one of its
drivers to enable him to test-drive commercial motor vehicles (CMVs) in
the United States without a commercial driver's license (CDL) issued by
one of the States. Volvo stated the exemption is needed to support a
field test to meet future air quality standards and to test-drive Volvo
prototype vehicles to verify results in ``real world'' environments.
Its driver holds a valid CDL issued in Sweden but lacks the U.S.
residency necessary to obtain a CDL issued by one of the States. FMCSA
believes the knowledge and skills testing and training program that
drivers must undergo to obtain a Swedish CDL ensures that their drivers
will achieve a level of safety that is equivalent to, or greater than,
the level of safety achieved without the exemption.

DATES: This exemption is effective February 26, 2009 and expires
February 26, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division, Office of Bus and Truck Standards and
Operations, MC-PSD, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>.
E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the CDL requirements in 49 CFR 383.23 for a 2-year period if it
finds ``* * * such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption * * *'' (49 CFR 381.305 (a)). FMCSA has
evaluated Volvo's application on its merits and decided to grant the
exemption for its field test engineer, Michael Tellstrom, for a 2-year
period.

Volvo Application for an Exemption

    Volvo applied for an exemption from the 49 CFR 383.23 requirement
that the operator of a CMV obtain a CDL issued by one of the States.
This section of the Federal Motor Carrier Safety Regulations (FMCSRs)
sets forth the standards that States must employ in issuing CDLs. An
individual must be a resident of a State in order to qualify for a CDL.
The Volvo driver-employee for whom this exemption is sought is a
citizen and resident of Sweden; therefore, he cannot apply for a CDL in
any State of the United States. A copy of the request for exemption
from section 383.23 is in the docket identified at the beginning of
this notice.

Swedish Driver

    This exemption enables Michael Tellstrom to test-drive in the U.S.
Volvo CMVs that are assembled, sold or primarily used in the U.S. Volvo
currently employs this driver in Sweden, and wants him to be able to
test-drive Volvo prototype vehicles at its test site and in the
vicinity of Phoenix, Arizona, to verify vehicle results in ``real
world'' environments. He is a highly trained, experienced CMV operator
with a valid Swedish-issued CDL. Because he was required to satisfy
strict CDL testing standards in Sweden to obtain a CDL and has
extensive training and experience operating CMVs, Volvo believes that
the exemption will maintain a level of safety equivalent to the level
of safety that would be obtained absent the exemption.

Method To Ensure an Equivalent or Greater Level of Safety

    According to Volvo, drivers applying for a Swedish-issued CDL must
undergo a training program and pass knowledge and skills tests. Volvo
believes the knowledge and skills tests and training program that these
drivers undergo to obtain a Swedish CDL ensure the exemption would
provide a level of safety that is equivalent to, or greater than, the
level of safety obtained by complying with the U.S. requirement for a
CDL. In addition, Volvo has submitted a copy of the violation-free
Swedish driving record of this driver.
    FMCSA had previously determined that the process for obtaining a
Swedish-issued CDL adequately assesses the driver's ability to operate
CMVs in the U.S. Therefore, the process for obtaining a Swedish-issued
CDL is considered to be comparable to, or as effective as, the
requirements of 49 CFR part 383.

Comments

    The Agency received no response to its request for public comments
published in the Federal Register on January 16, 2009 (74 FR 3130).

Terms and Conditions for the Exemption

    Based upon evaluation of the application for an exemption, FMCSA
grants Volvo an exemption from the CDL requirement in 49 CFR 383.23 for
its driver, Michael Tellstrom, to test-drive CMVs within the United
States, subject to the following terms and conditions: (1) That this
driver will be subject to drug and alcohol regulations, including
testing, as provided in 49 CFR part 382, (2) that this driver is
subject to the same driver disqualification rules under 49 CFR parts
383 and 391 that apply to other CMV drivers in the U.S., (3) that this
driver keep a copy of the exemption on the vehicle at all times, (4)
that Volvo notify FMCSA in writing of any accident, as defined in 49
CFR 390.5, involving this driver, and (5) that

Volvo notify FMCSA in writing if this driver is convicted of a
disqualifying offense described in section 383.51 or 391.15 of the
FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 2 years unless revoked earlier by the FMCSA. The exemption
will be revoked if: (1) The driver for Volvo fails to comply with the
terms and conditions of the exemption, (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted,
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31315 and 31136.

    Issued on: February 19, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-4148 Filed 2-25-09; 8:45 am]

BILLING CODE 4910-EX-P


MEMORANDUM
SUBJECT: April 11, 2016, meeting with Portland Cement Association (PCA) to discuss alternative HCl monitoring issues
FROM: Mike Laney, RTI
TO: Sharon Nizich, US EPA
DATE: July 14, 2016
ATTENDEES:
                                      PCA
                                      EPA
Elizabeth Horner
Michael Schon
Keith Barnett
Stef Johnson
Sharon Nizich
Robin Segall
Theresa Lowe
Ray Merrill
Jeff Ryan

SUMMARY:
We met with the PCA to discuss HCl monitoring issues.


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Rules and Regulations]
[Page 25562-25566]
[DOCID:fr07my08-18]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 101, 104, 105, and 106

46 CFR Parts 10, 12, and 15

Transportation Security Administration

49 CFR Part 1572

[Docket Nos. TSA-2006-24191; USCG-2006-24196]
RIN 1652-AA41

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard, Transportation Security
Administration; DHS.

ACTION: Final rule; extension of compliance date.

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SUMMARY: The Department of Homeland Security (DHS), through the United
States Coast Guard (Coast Guard) and the Transportation Security
Administration (TSA), issues this final rule to realign the compliance
date set forth in the Transportation Worker Identification Credential
(TWIC) final rule. Under the new final compliance date mariners must
obtain a TWIC no later than April 15, 2009. This final rule also
extends to April 15, 2009, the final date by which owners and operators
of vessels, facilities, and outer continental shelf facilities, who
have not otherwise been required to implement access control procedures
utilizing TWIC on an earlier date, must implement those procedures.

DATES: This final rule is effective May 7, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, 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. You
may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on the TSA
portions

of this rule, call Christine Beyer, telephone<PHONE_NUMBER>. If you
have questions on the Coast Guard portions of this rule, call LCDR
Jonathan Maiorine, telephone 1-877-687-2243. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking (NPRM) entitled ``Transportation Worker Identification
Credential (TWIC) Implementation in the Maritime Sector; Hazardous
Materials Endorsement for a Commercial Driver's License'' in the
Federal Register (71 FR 29396) (hereinafter referred to as the ``TWIC
NPRM''). The TWIC NPRM proposed requirements related to the TWIC
program, including compliance dates for mariners to obtain and possess
a TWIC, and for vessels, facilities and outer continental shelf
facilities to operate in accordance with TWIC provisions. Specifically,
DHS proposed that vessels and facilities would be required to be in
compliance with the requirements of a TWIC final rule between twelve
(12) and eighteen (18) months following the publication date of the
final rule, depending on whether enrollment for the port in which the
vessel or facility is operating had been completed. 71 FR at 29409,
29412.
    On January 25, 2007, after a 45-day comment period and four public
meetings, the Coast Guard and TSA published a joint final rule under
the same title (72 FR 3492) (hereinafter referred to as the ``TWIC
joint final rule''). The TWIC joint final rule discussed the comments
received on the proposed rule, including a discussion of all comments
related to the proposed TWIC implementation timeline and the
requirements for mariners, vessels, facilities and outer continental
shelf facilities to comply with TWIC procedures. It also made changes
to the rule text in response to those comments. The TWIC joint final
rule, at 33 CFR 104.115, revised the compliance dates for vessel owners
and operators to provide vessel owners or operators 20 months from the
publication date of the final rule, up to and including September 25,
2008, to implement the TWIC access control provisions. 72 FR 3492,
3499. The rule tied the compliance date for facilities and outer
continental shelf facilities to completion of the initial enrollment in
the Captain of the Port (COTP) zone where the facility is located. See
33 CFR 105.115 and 106.110. This date would vary for each COTP zone as
announced by the Coast Guard through publication of a notice in the
Federal Register. Under the final rule, the Coast Guard would publish
these notices at least 90 days in advance of the compliance date, but
the final compliance date for all COTPs would not be later than
September 25, 2008. Finally, the latest date by which mariners would be
expected to obtain and possess a TWIC, as set forth in 33 CFR 101.514,
would also be September 25, 2008. 72 FR at 3499.

II. Discussion of Change

    With this final rule, DHS is realigning the deadline for final
compliance with the requirements of the TWIC final rule to provide 18
months from the date the initial enrollment centers became operational
for regulated entities to come into compliance with the requirements of
the TWIC final rule. As discussed above, when DHS set the final
compliance date by the final rule published in January of 2007, the
Coast Guard and TSA estimated that all TWIC enrollment centers would be
operational within 18 months of the beginning of the enrollment
rollout. See 72 FR at 3539. Accordingly, the Coast Guard and TSA set
the final compliance date for vessels for 20 months after the
publication date of the final rule to allow TSA two months to finalize
a contract with the entity that would operate the enrollment centers,
as well as to ensure that the underlying TWIC system could operate as
intended. This schedule was intended to allow mariners and other
regulated entities up to 18 months to enroll before the September 25,
2008 compliance date.
    TSA contracted with Lockheed Martin to operate TWIC enrollment
centers on January 29, 2007. The first TWIC enrollment center opened in
Wilmington, Delaware on October 16, 2007. See 72 FR 57342 (Oct. 9,
2007). Since that time, TSA has opened over 100 TWIC enrollment
centers. TSA currently estimates that the final enrollment centers will
be opened and operational in September of 2008. Because TSA did not
open the initial enrollment centers until approximately six months
after the initial estimated start date, TSA and Coast Guard have
provided the additional time to allow for the full 18 months of
enrollment intended under the TWIC final rule.
    Accordingly, to ensure that every individual who requires a TWIC
will have the opportunity to enroll for one, and to ensure that TSA
will have time to complete the security threat assessments on all
applicants, DHS is extending the compliance date from September 25,
2008 to April 15, 2009, to realign the final compliance date with the
original intent of the TWIC final rule. Under this final rule, by no
later than April 15, 2009, mariners must obtain a TWIC, and owners and
operators of vessels, facilities, and outer continental shelf
facilities, who have not otherwise been required to implement access
control procedures utilizing TWIC, must implement those procedures.
Owners and operators of facilities that must comply with 33 CFR part
105 will still be subject to earlier, rolling compliance dates, as laid
out in 33 CFR 105.115(e). As provided in that regulation, the Coast
Guard will announce those dates at least 90 days in advance via notices
published in the Federal Register. The final compliance date will not
be later than April 15, 2009. In a separate notice published in today's
edition of the Federal Register, we provide this notice for the first
three COTP Zones: Boston, Northern New England, and Southeastern New
England.
    The TWIC final rule also did not require that mariners obtain or
possess a TWIC for access to secure areas of vessels, facilities, and
OSC facilities until September 25, 2008. With this amendment, mariners
holding a Merchant Mariner's License (License), Merchant Mariner's
Document (MMD), Certificate of Registry, or an International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers
(STCW) Endorsement, will not need to have a TWIC until April 15, 2009.
Until that date, they may continue to use their mariner credentials,
along with a photo ID, to gain unescorted access to facilities and
vessels, per 33 CFR 101.514. Amendments in 46 CFR 10.113, 12.01-11, and
15.415 will also reflect the date change to April 15, 2009.
Additionally, owners and operators of vessels and outer continental
shelf facilities regulated by 33 CFR parts 104 and 106, respectively,
will not need to incorporate TWIC into their security measures for
access control until April 15, 2009.
    Finally, the applicable dates for mariners wishing to purchase a
reduced fee TWIC, by relying upon the security threat assessment done
by the Coast Guard when they applied for their License or their MMD
have been realigned to cover those mariners who obtain or renew their
credential between September 25, 2008 and April 15, 2009.

    These amendments may be found at 33 CFR 101.514, 104.115, 105.115,
106.110; 46 CR 10.113, 12.01-11, and 15.415; and 49 CFR 1572.19.

III. Regulatory Requirements

A. Administrative Procedure Act

    DHS is issuing this final rule, for immediate implementation,
without providing the public prior notice and the opportunity for
comment. Sections 553(b) and (d) of the Administrative Procedure Act
(APA) (5 U.S.C. 553) authorize agencies to dispense with certain notice
procedures for rules when they find good cause to do so. Under section
553(b), the requirements of notice and opportunity for comment do not
apply when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d) allows an agency, upon finding good cause, to make a
rule effective immediately upon publication in the Federal Register.
    Providing an opportunity for prior notice and public comment on the
extensions of the compliance dates in the TWIC final rule would be
unnecessary and contrary to the public interest. As discussed above,
without the change in the full compliance date, it would not be
possible for all regulated parties to comply with the TWIC regulations.
Even if it were possible for all persons to enroll by the current
compliance date (which, as noted above, is not realistically possible),
it would not be possible for TSA to complete full security threat
assessments on all of those individuals in advance of the September 25,
2008 date.
    Further, because this final rule relieves a restriction by
providing regulated entities more time to comply with the regulatory
requirements, DHS finds that this rule shall become effective
immediately upon publication of this final rule in the Federal
Register. 5 U.S.C. 553(d).

B. Executive Order 12866 (Regulatory Planning and Review)

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866. This rule, therefore, is not
subject to review by the Office of Management and Budget. We expect the
economic impact of this rule to be minimal and a full regulatory
analysis unnecessary.
    This rule realigns the final compliance date for implementing TWIC.
To the extent that deadlines have changed, affected parties may incur
some TWIC-related costs later rather than sooner.
    We anticipate that these changes will not substantially increase
TWIC-related compliance costs to the affected entities and in most
cases will provide advantages through deadline extensions.

C. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    We do not expect this rule to substantially increase TWIC-related
compliance costs, as it realigns a deadline. The Coast Guard and TSA
certify under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

E. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

H. Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

K. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

L. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not

require a Statement of Energy Effects under Executive Order 13211.

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

N. Environment

    The provisions of this rule have been analyzed under the Department
of Homeland Security (DHS) Management Directive (MD) 5100.1,
Environmental Planning Program, which is the DHS policy and procedures
for implementing the National Environmental Policy Act (NEPA), and
related Executive Orders and requirements. The changes being made by
this final rule have no effect on the environmental analysis that
accompanied the promulgation of the original TWIC final rule. That
analysis can be found at 72 FR 3576-3577.
    Accordingly, there are no extraordinary circumstances presented by
this rule that would limit the use of a CATEX under MD 5100.1, Appendix
A, paragraph 3.2. The implementation of this rule, like the
implementation of the original TWIC final rule, is categorically
excluded under the following categorical exclusions (CATEX) listed in
MD 5100.1, Appendix A, Table 1: CATEX A1 (personnel, fiscal, management
and administrative activities); CATEX A3 (promulgation of rules,
issuance of rulings or interpretations); and CATEX A4 (information
gathering, data analysis and processing, information dissemination,
review, interpretation and development of documents). CATEX B3
(proposed activities and operations to be conducted in an existing
structure that would be compatible with and similar in scope to ongoing
functional uses) and CATEX B 11 (routine monitoring and surveillance
activities that support law enforcement or homeland security and
defense operations) would also be applicable.

List of Subjects

33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping
requirements, Security measures, Vessels, Waterways.

33 CFR Part 104

    Incorporation by reference, Maritime security, Reporting and
recordkeeping requirements, Security measures, Vessels.

33 CFR Part 105

    Facilities, Maritime security, Reporting and recordkeeping
requirements, Security measures.

33 CFR Part 106

    Facilities, Maritime security, Outer Continental Shelf, Reporting
and recordkeeping requirements, Security measures.

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

49 CFR Part 1572

    Appeals, Commercial drivers license, Criminal history background
checks, Explosives, Facilities, Hazardous materials, Incorporation by
reference, Maritime security, Motor carriers, Motor vehicle carriers,
Ports, Seamen, Security measures, Security threat assessment, Vessels,
Waivers.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 101, 104, 105, and 106, and 46 CFR parts 10, 12, and 15 and
the Transportation Security Administration amends 49 CFR part 1572 as
follows:

Title 33--Navigation and Navigable Waters

CHAPTER I--COAST GUARD

PART 101--MARITIME SECURITY: GENERAL

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.

Sec.  101.514  [Revised]

0
2. Revise Sec.  101.514(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.

PART 104--MARITIME SECURITY: VESSELS

0
3. The authority citation for part 104 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
of Homeland Security Delegation No. 0170.1.

Sec.  104.115  [Revised]

0
4. Revise Sec.  104.115(d) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.

PART 105--MARITIME SECURITY: FACILITIES

0
5. The authority citation for part 105 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.

Sec.  105.115  [Revised]

0
6. Revise Sec.  105.115(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.

PART 106--MARITIME SECURITY: OUTER CONTINENTAL SHELF (OCS)
FACILITIES

0
7. The authority citation for part 106 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
Of Homeland Security Delegation No. 0170.1.

Sec.  106.110  [Revised]

0
8. Revise Sec.  106.110(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.

Title 46--Shipping

CHAPTER I--COAST GUARD

Subchapter B--Merchant Marine Officers and Seamen

PART 10--LICENSING OF MARITIME PERSONNEL

0
9. The authority citation for part 10 continues to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.

Sec.  10.113  [Revised]

0
10. Revise Sec.  10.113 by removing the date ``September 25, 2008'' and
adding in its place the date ``April 15, 2009''.

PART 12--CERTIFICATION OF SEAMEN

0
11. The authority citation for part 12 continues to read as follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.

Sec.  12.01-11  [Revised]

0
12. Revise Sec.  12.01-11 by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.

PART 15--MANNING REQUIREMENTS

0
13. The authority citation for part 15 continues to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; and Department of Homeland Security
Delegation No. 0170.1.

Sec.  15.415  [Revised]

0
14. Revise Sec.  15.415 by removing the date ``September 25, 2008'' and
adding in its place the date ``April 15, 2009''.

Title 49--Transportation

CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION

Subchapter D--Maritime and Land Transportation Security

PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS

0
15. The authority citation for part 1572 continues to read as follows:

    Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.

Sec.  1572.19  [Revised]

0
16. Revise Sec.  1572.19(b) by removing the date ``September 25, 2008''
in the two places where it appears, and adding in each place the date
``April 15, 2009''.

    Dated: May 2, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security & Stewardship.
Gale Rossides,
Deputy Administrator, Transportation Security Administration.
 [FR Doc. E8-10232 Filed 5-6-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51207-51210]
[FR Doc No: 2021-19729]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92897; File No. SR-FINRA-2021-022]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Implementation Date of Certain
Amendments to FINRA Rule 4210 Approved Pursuant to SR-FINRA-2015-036

September 8, 2021.
    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 August 26, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'')

filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act,\3\ which
renders the proposal effective upon receipt of this filing by 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\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to extend, to January 26, 2022, the
implementation date of the amendments to FINRA Rule 4210 (Margin
Requirements) pursuant to SR-FINRA-2015-036, other than the amendments
pursuant to SR-FINRA-2015-036 that were implemented on December 15,
2016. The proposed rule change would not make any changes to the text
of FINRA rules.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On October 6, 2015, FINRA filed with the Commission proposed rule
change SR-FINRA-2015-036, which proposed to amend FINRA Rule 4210 to
establish margin requirements for (1) To Be Announced (``TBA'')
transactions, inclusive of adjustable rate mortgage (``ARM'')
transactions; (2) Specified Pool Transactions; and (3) transactions in
Collateralized Mortgage Obligations (``CMOs''), issued in conformity
with a program of an agency or Government-Sponsored Enterprise
(``GSE''), with forward settlement dates, as defined more fully in the
filing (collectively, ``Covered Agency Transactions''). The Commission
approved SR-FINRA-2015-036 on June 15, 2016 (the ``Approval Date'').\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 78081 (June 15,
2016), 81 FR 40364 (June 21, 2016) (Notice of Filing of Amendment
No. 3 and Order Granting Accelerated Approval to a Proposed Rule
Change to Amend FINRA Rule 4210 (Margin Requirements) to Establish
Margin Requirements for the TBA Market, as Modified by Amendment
Nos. 1, 2, and 3; File No. SR-FINRA-2015-036).
---------------------------------------------------------------------------

    Pursuant to Partial Amendment No. 3 to SR-FINRA-2015-036, FINRA
announced in Regulatory Notice 16-31 that the rule change would become
effective on December 15, 2017, 18 months from the Approval Date,
except that the risk limit determination requirements as set forth in
paragraphs (e)(2)(F), (e)(2)(G) and (e)(2)(H) of Rule 4210 and in new
Supplementary Material .05, each as respectively amended or established
by SR-FINRA-2015-036 (collectively, the ``risk limit determination
requirements''), would become effective on December 15, 2016, six
months from the Approval Date.\5\
---------------------------------------------------------------------------

    \5\ See Partial Amendment No. 3 to SR-FINRA-2015-036 and
Regulatory Notice 16-31 (August 2016), both available at:
www.finra.org.
---------------------------------------------------------------------------

    Industry participants sought clarification regarding the
implementation of the requirements pursuant to SR-FINRA-2015-036.
Industry participants also requested additional time to make system
changes necessary to comply with the requirements, including time to
test the system changes, and requested additional time to update or
amend margining agreements and related documentation. In response,
FINRA made available a set of Frequently Asked Questions & Guidance \6\
and, pursuant to SR-FINRA-2017-029,\7\ extended the implementation date
of the requirements of SR-FINRA-2015-036 to June 25, 2018, except for
the risk limit determination requirements, which, as announced in
Regulatory Notice 16-31, became effective on December 15, 2016.
---------------------------------------------------------------------------

    \6\ Available at: www.finra.org/rules-guidance/guidance/faqs.
Further, staff of the SEC's Division of Trading and Markets made
available a set of Frequently Asked Questions regarding Exchange Act
Rule 15c3-1 and Rule 15c3-3 in connection with Covered Agency
Transactions under FINRA Rule 4210, also available at:
www.finra.org/rules-guidance/guidance/faqs.
    \7\ See Securities Exchange Act Release No. 81722 (September 26,
2017), 82 FR 45915 (October 2, 2017) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change to Delay the Implementation
Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to
SR-FINRA-2015-036; File No. SR-FINRA-2017-029); see also Regulatory
Notice 17-28 (September 2017).
---------------------------------------------------------------------------

    Industry participants requested that FINRA reconsider the potential
impact of certain requirements pursuant to SR-FINRA-2015-036 on smaller
and mid-sized firms. Industry participants also requested that FINRA
extend the implementation date pending such reconsideration to reduce
potential uncertainty in the Covered Agency Transaction market. In
response to these concerns, FINRA further extended the implementation
date of the requirements of SR-FINRA-2015-036, other than the risk
limit determination requirements, to October 26, 2021 (the ``October
26, 2021 implementation date'').\8\ FINRA noted that, as FINRA stated
in Partial Amendment No. 3 to SR-FINRA-2015-036, FINRA would monitor
the impact of the requirements pursuant to that rulemaking and, if the
requirements prove overly onerous or otherwise are shown to negatively
impact the market, FINRA would consider revisiting such requirements as
may be necessary to mitigate the rule's impact.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 90852 (January 5,
2021), 86 FR 2021 (January 11, 2021) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change to Extend the Implementation
Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to
SR-FINRA-2015-036; File No. SR-FINRA-2020-046).
    \9\ See Partial Amendment No. 3 to SR-FINRA-2015-036, available
at: www.finra.org.
---------------------------------------------------------------------------

    Informed by extensive dialogue, both with industry participants and
other regulators, including the staff of the SEC and the Federal
Reserve System, FINRA has proposed amendments to the requirements of
SR-FINRA-2015-036 (the ``Proposed Amendments'').\10\ This rulemaking is
ongoing. If the Commission approves the Proposed Amendments, FINRA
believes it is appropriate, in the interest of regulatory clarity, to
adjust the implementation of the requirements pursuant to SR-FINRA-
2015-036 so as to permit time for the Commission to take action on the
Proposed Amendments.\11\ As such, FINRA is proposing to extend the
October 26, 2021 implementation date

to January 26, 2022, which date FINRA may propose to further adjust as
appropriate in a separate rule filing pending any Commission action on
the Proposed Amendments. FINRA notes that the risk limit determination
requirements pursuant to SR-FINRA-2015-036 became effective on December
15, 2016 and, as such, the implementation of such requirements is not
affected by the proposed rule change.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 91937 (May 19,
2021), 86 FR 28161 (May 25, 2021) (Notice of Filing of a Proposed
Rule Change to Amend the Requirements for Covered Agency
Transactions under FINRA Rule 4210 (Margin Requirements) as Approved
Pursuant to SR-FINRA-2015-036; File No. SR-FINRA-2021-010). See also
Partial Amendment No. 1 to SR-FINRA-2021-010, available at
www.finra.org.
    \11\ See Securities Exchange Act Release No. 92713 (August 20,
2021) (Notice of Filing of Amendment No. 1 and Order Instituting
Proceedings to Determine Whether to Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 1, to Amend the
Requirements for Covered Agency Transactions under FINRA Rule 4210
(Margin Requirements) as Approved Pursuant to SR-FINRA-2015-036;
File No. SR-FINRA-2021-010).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the Commission waive the
requirement that the proposed rule change not become operative for 30
days after the date of the filing. The operative date will be the date
of filing of the proposed rule change.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will help
to reduce potential uncertainty in the Covered Agency Transaction
market because, pending any Commission action on the Proposed
Amendments, the proposed rule change will permit adjustment and
alignment, as appropriate, of the implementation of the requirements
pursuant to SR-FINRA-2015-036 with the effective date of the Proposed
Amendments. FINRA believes that this will thereby protect investors and
the public interest by helping to promote stability in the Covered
Agency Transaction market.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that extending
the October 26, 2021 implementation date to January 26, 2022, pending
any Commission action on the Proposed Amendments, so as to permit
adjustment and alignment of the implementation of the requirements
pursuant to SR-FINRA-2015-036, as appropriate, with the effective date
of the Proposed Amendments, will help to provide clarity to industry
participants and to reduce any potential uncertainty in the Covered
Agency Transaction market, thereby benefiting all parties.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing 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 \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4 (f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-(f)(6)(iii),\16\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. FINRA has requested
that the Commission waive the 30-day operative delay so that the
proposal may become operative upon filing. FINRA has stated that the
purpose of the proposed rule change is to help to avoid unnecessary
disruption in the Covered Agency Transaction market pending any
Commission action on the amendments that FINRA has proposed to the
Covered Agency Transaction margin requirements. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposal to
extend the implementation date of the requirements of Rule 4210 does
not raise any new or novel issues and will reduce any potential
uncertainty in the Covered Agency Transaction market. Therefore, the
Commission hereby waives the 30-day operative delay requirement and
designates the proposed rule change as operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires a self-regulatory organization to give the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and 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. FINRA has satisfied this requirement.
    \17\ For purposes 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).
---------------------------------------------------------------------------

    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 should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2021-022 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2021-022. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10

a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FINRA-2021-022 and should be submitted
on or before October 5, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19729 Filed 9-13-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Notices]
[Page 22670-22671]
[DOCID:fr29ap10-132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61948; File No. SR-FINRA-2010-019]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Extend the Implementation Period for SR-FINRA-
2009-065

April 20, 2010.
    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 April 14, 2010, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)
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)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA proposes to extend by 45 days the proposed implementation
period for the rule changes approved in SR-FINRA-2009-065.\5\
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    \5\ See Securities Exchange Act Release No. 61566 (February 22,
2010), 75 FR 9262 (March 1, 2010) (Order Approving File No. SR-
FINRA-2009-065) (hereinafter, ``SEC Order Approving TRACE
Expansion--Asset-Backed Securities'').
---------------------------------------------------------------------------

    The proposed rule change would not make any new changes to the text
of FINRA rules.

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

    In its filing with the Commission, FINRA 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. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On October 1, 2009, FINRA filed SR-FINRA-2009-065, a proposed rule
change to expand the Trade Reporting and Compliance Engine (``TRACE'')
to designate asset-backed securities, mortgage-backed securities and
other similar securities (collectively, ``Asset-Backed Securities'') as
eligible for TRACE, and to establish reporting, fee and other
requirements for such securities. In SR-FINRA-2009-065, FINRA stated
that it would announce the effective date of the proposed rule change
in a Regulatory Notice to be published ``no later than 60 days
following Commission approval'' and to establish the effective date
``no later than 270 days following publication'' of the Regulatory
Notice announcing the Commission's approval.
    The proposed rule change was published for notice and comment.\6\
FINRA filed its response to comments on December 22, 2009,\7\ and
Amendment No. 1 to SR-FINRA-2009-065 on January 19, 2010 (hereinafter,
SR-FINRA-2009-065 and Amendment No. 1 thereto are, collectively, the
``TRACE ABS filing'').\8\ The Commission approved the TRACE ABS filing
on February 22, 2010.\9\
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    \6\ See Securities Exchange Act Release No. 60860 (October 21,
2009), 74 FR 55600 (October 28, 2009) (Notice of Filing of File No.
SR-FINRA-2009-065).
    \7\ See Letter from Sharon Zackula, Associate Vice President and
Associate General Counsel, FINRA, to Elizabeth M. Murphy, Secretary,
Commission, dated December 22, 2009.
    \8\ The TRACE ABS filing included amendments to: (a) Rule 6710
to amend the defined terms, ``Asset-Backed Security'' and ``TRACE-
Eligible Security'' to include Asset-Backed Securities as TRACE-
Eligible Securities, to amend several other defined terms, and to
add several new defined terms, most of which relate to Asset-Backed
Securities; (b) Rule 6730 to require the reporting of Asset-Backed
Securities transactions, to establish a six-month pilot period for
reporting such transactions no later than T + 1 during TRACE System
hours, and to amend certain requirements in connection with the
reporting of commissions, factors, transaction size and settlement
terms in Asset-Backed Securities transactions; (c) Rule 6750 to
provide that information on a transaction in a TRACE-Eligible
Security that is an Asset-Backed Security will not be disseminated;
(d) Rule 6760 to amend the notification requirements; (e) Rule 7730
to establish fees for reporting transactions in Asset-Backed
Securities; and (f) the Rule 6700 Series and Rule 7730 to
incorporate certain other technical, administrative and clarifying
changes.
    \9\ See SEC Order Approving TRACE Expansion--Asset-Backed
Securities.
---------------------------------------------------------------------------

    As represented in the TRACE ABS filing, FINRA will publish a
Regulatory Notice no later than April 23, 2010, the 60th day following
Commission approval of the TRACE ABS filing. However, in this proposed
rule change, FINRA proposes to extend by 45 days the period in which to
establish the effective date of the TRACE ABS filing. Specifically, the
effective date of the TRACE ABS filing will be no later than 315 days,
rather than 270 days, following publication of the Regulatory Notice
announcing Commission approval of the filing.
    FINRA recognizes that Asset-Backed Securities are complex
instruments, and that, in preparing for the accurate reporting of
transactions in Asset-Backed Securities, firms must make operational
changes, including significant changes to their systems, and
modifications to a variety of compliance and supervisory processes and
procedures. Staffing and training also may be implicated. System
changes are also being made by FINRA to the TRACE System and by vendors
and other service providers. In view of the changes that must be
implemented, FINRA believes it is appropriate to extend for up to 45
days the date on which the TRACE ABS filing may become effective.
    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the flexibility to establish an
effective date up to 45 days later than is currently provided by SR-
FINRA-2009-065 to implement the reporting of transactions in Asset-
Backed Securities will allow firms sufficient time to make necessary
systems changes for the timely and accurate reporting of such
transactions, creating a more accurate audit trail and enhancing
FINRA's surveillance of the market in Asset-Backed Securities for the
protection of investors and in furtherance of the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).

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

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

    FINRA does not believe that the proposed rule change will result in
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

    Written comments were neither solicited nor received.

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

    The Exchange represented that the proposed rule change qualifies
for immediate effectiveness pursuant to Section 19(b)(3)(A) of the
Exchange Act \11\ and Rule 19b-4(f)(6) thereunder \12\ because it: (i)
Does not significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest.\13\ The Exchange has requested that the Commission waive the
30-day operative delay, so that the proposed rule change may become
operative upon filing. The Commission hereby grants the Exchange's
request.\14\ The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest because it appears reasonably designed to allow firms
sufficient time to make necessary systems and operational changes to
facilitate the timely and accurate reporting of Asset-Backed Securities
transactions as required by the TRACE ABS filing.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to submit to the Commission written notice
of its intent to file the proposed rule change, along with a brief
description and 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. FINRA
has satisfied this requirement.
    \14\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-019 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-019. 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 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 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of FINRA.
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-FINRA-2010-019
and should be submitted on or before May 20, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9873 Filed 4-28-10; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

TO:  Portland Cement Docket

SUBJECT:  THC Modeling and Good Combustion Practices

FROM:  Keith Barnett, USEPA/OAQPS/SPPD/MMG

DATE:  December 8, 2006

	The Portland Cement Association had expressed concerns about a
potential new source THC standard based on the performance of a wet
scrubber.  The had also discussed with EPA how to define “good
combustion practices”.

The PCA provided a description of what they consider “good combustion
practices” in the attached email attachments.

The PCA also proposed performing THC modeling to demonstrate that THC
emissions are below the level that would result in health or adverse
environmental impacts, similar to the analysis done for hydrogen
chloride.  Ths information is also attached to the email.

We adopted some of the language for good combustion practices into the
rule.

We also reviewed the PCS THC modeling.  Based on the information
provided it is not possible to determine that THC emission pose no risk
to human health or the environment.  The legal authority that we use for
HCl only applies to non-carcinogens, and the THC clearly includes
carcinogens.  The modeling would also not be suitable to develop
potential site-specific risk exemptions.  In order to perform that
analysis all HAP have to be modeled, not just the organic HAP present in
the THC emissions.


Site Types Work Group Update NACEPT Superfund Subcommittee Meeting January 7, 2003 Work Group Objectives Consider options for the future role of the NPL given the number and types of cleanup sites that may be expected in the future. For example:

  What types of sites belong on the NPL?

  What criteria should be used to list them considering the universe of sites that need attention?

  Who should be involved in the listing process. Core Questions The following questions relevant to mega sites are identified in the Subcommittee's Charge and were discussed at the Subcommittee's September 23 24, 2002 meeting.

1. Should costs be the determining factor when designating sites as mega sites or should other factors such as complexity or geographic size be considered?

2. What are the reasonable policy options for addressing mega sites? Are there viable alternatives to placing mega sites on the NPL and/ or ways of containing their costs? Core Questions ( cont'd)

3. What are the unique aspects of mega sites that might require a different decision making process for NPL listing?

a. Large geographical distribution ( e. g. river basins)

b. Slow rate of progress c. Risk management challenges d. Factors specifically relevant to Federal Facilities e. Recalcitrant or non existent PRP's f. No significant differences other than cost g. Mix of public health and ecological impacts but the ecological impact is the primary driver. Overlapping Questions with the Cleanup Program Work Group ° How do we prioritize sites if we can't do everything on the NPL?

° What about " smaller" sites   sites with less contamination and with PRP'sthat have less money than mega sites? How can other programs help?

° How do we do more with what we have ( resources,

efficiency)? Information Considered In working toward its objectives, the work group considered the following information:

° Current NPL Universe: characteristics/ numbers of sites ( size, complexity  various indices, cost, origin)

° Future NPL Universe ( consider what is coming through the " pipeline")

° Explore " mega site" definitional issues and the number and types of sites that may become mega site cleanups.

° Key questions in the charge/ work plan relating to Mega sites and NPL. ASSUMPTIONS In order to frame its discussion of policy alternatives, the work group developed several assumptions:

1. Timeframe assumption: The group agreed to consider a 10 year time frame.

2. Funding Assumptions: Two general assumptions were considered regarding funding. In response to the request from the Agency, one scenario will be to assume level funding. A second scenario will be to assume that funding is not limited to the current ($ 1.3 billion) funding ( greater than level funding).

3. Program Operations Assumptions: To what extent should the group consider administrative and operational functions? Site Type Issues and Corresponding Policy Options The work group is in the process of exploring policy options to address the " NPL listing" and " Mega Site" issues related to site types.

° Issues were identified by individuals and were discussed at the November 20thwork group meeting.

° Preliminary discussions resulted in the generation of policy options to address those issues.

° The options considered to date do not necessarily reflect all of the options that can be considered, nor do they reflect the consensus of the work group. Categories of Issues Considered ° NPL Listing Issues ° Mega Site Issues ° NPL Site Management Issues NPL Listing Issues Base Issues:

Any site presenting imminent and substantial endangerment should be addressed.

Do we agree that the NPL should be an option of last resort?

Policy Options were identified within the following categories:

A. Can the NPL listing/ screening process be modified so that Superfund resources can be more effectively applied? NPL Listing Issues ( Cont'd)

° Policy Options ( cont'd):

° B. Does the HRS process prevent the listing of high risk sites because of factors relating to the density of populations at risk and if so, should the process be altered to address this situation?

° C. Does the requirement of Governors'concurrence prevent the listing of high risk sites that should be on the NPL and, if so,

how can such sites be funded in the absence of state matching funds?

° D. Are there pro active options for limiting the number of sites coming into the NPL pipeline ( both internal and external to the Superfund Program)? Conversely, should the NPL be expanded and bolstered to add more sites? Mega Site Issues Can any categorical sites be managed in such a way so that funds can be allocated better to non mega sites that pose a greater risk?

1. Status Quo Option 2. Create a " list within the NPL list" for categorical sites ( such as mining or sediment sites) within the NPL.

3. Remove these categorical sites from the NPL and transfer them to alternate/ existing programs.

4. Alter the NPL listing process to limit listing of these sites.

5. Create a new/ different program( s) to address this set of sites. NPL Site Management Issues Can the management of sites that have been added to the NPL be modified so that Superfund resources can be more effectively applied?

° Expand the Superfund Removal Program ° Evaluate the funding prioritization ( What are the impacts of spending 80% of the funds on 20 % of the sites?)

° Evaluate Presumptive Remedies, Analysis of Legal Costs, Other Reforms ° Increase Emphasis on Enforcement and Cost Recovery at both the state and federal level ° Increase Efficiencies in the Program Information Still Needed A matrix has been developed to track the status of the information requests relevant to the Site Types Work Group.

  NPL related information requests   Mega site related information requests


[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Notices]
[Pages 5669-5670]
[FR Doc No: 2019-03062]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2002-0091: FRL-9988-30-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Ambient Air Quality Surveillance (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Ambient Air Quality Surveillance
(EPA ICR Number 0940.29, OMB Control Number 2060-0084) 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 March 31, 2019. Public comments
were previously requested via the Federal Register on September 4, 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 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 25,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2002-0091, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>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: Laurie Trinca, Air Quality Assessment
Division, Office of Air Quality Planning and Standards, C304-06,
Environmental Protection Agency, Research Triangle Park, NC 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 data collected through this information collection
consist of ambient air concentration measurements for the seven air
pollutants with national ambient air quality standards (i.e., ozone,
sulfur dioxide, nitrogen dioxide, lead, carbon monoxide,
PM2.5 and PM10), ozone precursors, meteorological
variables at a select number of sites and other supporting
measurements. Accompanying the pollutant concentration data are quality
assurance/quality control data and air monitoring network design
information.
    The U.S. EPA and others (e.g., state and local air quality
management agencies, tribal entities, environmental groups, academic
institutions, industrial groups) use the ambient air quality data for
many purposes. Some of the more prominent uses include informing the
public and other interested parties of an area's air quality, judging
an area's (e.g., county, city, neighborhood) air quality in comparison
with the established health or welfare standards (including both
national and local standards), evaluating an air quality management
agency's progress in achieving or maintaining air pollutant levels
below the national and local standards, developing and revising State
Implementation Plans (SIPs) in accordance with 40 CFR 51, evaluating
air pollutant control strategies, developing or revising national
control policies, providing data for air quality model development and
validation, supporting enforcement actions, documenting episodes and
initiating episode controls, air quality trends assessment, and air
pollution research.
    The state and local agencies and tribal entities with
responsibility for reporting ambient air quality data and information
as requested in this ICR submit these data electronically to the U.S.
EPA's Air Quality System (AQS) database. Quality assurance/quality
control records and monitoring network documentation are also
maintained by each state and local agency, in AQS electronic format
where possible.
    Although the state and local air pollution control agencies and
tribal entities are responsible for the operation of the air monitoring
networks, the EPA funds a portion of the total costs through federal
grants. These grants generally require an appropriate level of
contribution, or ``match,'' from the state/local agencies or tribal
entities. The costs shown in this renewal are the total costs incurred
for the monitoring program regardless of the source of the funding.
This practice of using the total cost is consistent with prior ICR
submittals and renewals.
    Form Numbers: None.
    Respondents/affected entities: State, local and Tribal Air
Pollution Control Agencies.
    Respondent's obligation to respond: Mandatory (40 CFR part 58).
    Estimated number of respondents: 168 (total).
    Frequency of response: Quarterly.
    Total estimated burden: 1,771,662 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $215,352,864 (per year), includes $81,263,356
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 18,359 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to a change in program
requirements as well as adjustments to the estimates (e.g. to account
for inflation, network growth/shrinkage, etc.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-03062 Filed 2-21-19; 8:45 am]
 BILLING CODE 6560-50-P