[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]
[Page 9825-9826]
[DOCID:fr05mr07-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55349; File No. SR-OCC-2006-08]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change To Revise Stock Futures Adjustment
Methodology

February 26, 2007.

I. Introduction

    On May 19, 2006, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-OCC-2006-08 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ Notice of the proposal
was published in the Federal Register on December 14, 2006.\2\ The
Commission received no comment letters. For the reasons discussed
below, the Commission is approving the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54898 (December 8,
2006), 71 FR 75287.
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II. Description

    OCC is seeking to amend Article XII (Futures and Futures Options),
Section 3 (Adjustments to Futures and Futures Options) of OCC's By-Laws
to conform to the changes adopted in rule change SR-OCC-2006-01, which
amended Article VI (Clearance of Exchange Transactions), Section 11A
(Adjustments for Stock Option Contracts).\3\
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    \3\ Securities Exchange Act Release Nos. 55258 (February 8,
2007), 72 FR 7701 [File No. SR-OCC-2006-01] (order approving
proposed rule change to revise stock options adjustment methodology)
and 53400 (March 2, 2006), 71 FR 12226 [File No. SR-OCC-2006-01]
(notice of filing of proposed rule change to revise stock options
adjustment methodology).
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    On January 12, 2006, OCC filed with the Commission proposed rule
change SR-OCC-2006-01. Pursuant to SR-OCC-2006-01, OCC proposed, among
other things, to amend its adjustment rules in Article VI, Section 11A
for stock option contracts with respect to stock dividends, stock
distributions, and stock splits. Subject to the Commission approving
proposed rule change SR-OCC-2006-01, OCC proposed to amend Article XII,
Section 3 to ensure stock futures contracts can be adjusted in a manner
consistent with adjustments made to stock option contracts on the same
underlying security.
    As described in rule change SR-OCC-2006-01, OCC amended certain of
its adjustment rules with respect to stock option contracts to
eliminate the need to round strike prices and/or units of trading in
the event of certain stock dividends, stock distributions, and stock
splits.\4\ The adjustment rules for stock futures as currently provided
in Article XII, Section 3 parallel the adjustment rules for stock
options provided in Article VI, Section 11A. Uniformity of the two
provisions would ensure that stock futures contracts can be adjusted in
a manner consistent with adjustments made to stock option contracts on
the same underlying security. The changes to Article XII, Section 3
that are the subject of this proposed rule change are made solely to
track the changes made to Article VI, Section 11A and are intended to
ensure that adjustments to stock options and to stock futures made for
stock dividends, stock distributions, and stock splits will remain
consistent with respect to an underlying security.
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    \4\ The notice and order for SR-OCC-2006-01 describes OCC's
proposed changes to and the rationale for the rule change to its
adjustment rules for stock options.
---------------------------------------------------------------------------

    As noted above, the central purpose of the rule change in SR-OCC-
2006-01 was to eliminate inequities which resulted from certain
rounding practices previously required by OCC's By-Laws because stock
option strike prices are quoted in and are therefore rounded to the
nearest one-eighth. Stock futures do not have the same inequities
because they are quoted in decimals. Nevertheless, in order to ensure
adjustments for stock options and for stock futures remain consistent,
OCC proposes to revise the adjustment rules with respect to stock
futures to match the revised adjustment rules with respect to stock
options for stock dividends, stock distributions, and stock splits.
    OCC will implement the proposed rule change described herein
concurrently with the implementation of the changes approved in SR-OCC-
2006-01.

III. Discussion

    Section 19(b) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. Section 17A(b)(3)(F) of the Act requires that the rules
of a clearing agency be designed, in general, to protect investors and
the public interest.\5\ The Commission believes that OCC's rule change
is consistent with this Section because it is intended solely to keep
the adjustment rules for stock futures with respect to stock

dividends, stock distributions, and stock splits consistent with the
adjustment rules for stock options with respect to stock dividends,
stock distributions, and stock splits and thus should protect investors
and the public interest.
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    \5\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder. In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and capital
formation.
    It is therefore ordered, pursuant to section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-OCC-2006-08) be and hereby
is approved.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3747 Filed 3-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Page 66271]
[FR Doc No: 2019-26097]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0244]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption from Lytx, Inc.

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from Lytx, Inc.
(Lytx) to allow its Advanced Driver Assistance Systems (ADAS) to be
mounted lower in the windshield on commercial motor vehicles (CMV) than
is currently permitted.

DATES: Comments must be received on or before January 2, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0244 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Jose R. Cestero, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. The Agency must provide the
public with an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Lytx Application for Exemption

    The Federal Motor Carrier Safety Regulations (FMCSR) require
devices meeting the definition of ``vehicle safety technology,''
including Lytx's ADAS, to be mounted (1) not more than 4 inches below
the upper edge of the area swept by the windshield wipers, or (2) not
more than 7 inches above the lower edge of the area swept by the
windshield wipers, and outside the driver's sight lines to the road and
highway signs and signals. Lytx has applied for an exemption from 49
CFR 393.60(e)(1) to allow its ADAS to be mounted lower in the
windshield than is currently permitted. A copy of the application is
included in the docket referenced at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on Lytx's application for an
exemption from 49 CFR 393.60. All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.

    Issued on: November 22, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26097 Filed 12-2-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48483-48485]
[FR Doc No: 2021-18705]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0376; Project Identifier AD-2021-00062-T;
Amendment 39-21689; AD 2021-17-06]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
The Boeing Company Model 747-100, -100B, -100B SUD, -200B, -200C, -
200F, -300, -400, -400D, -400F, 747SR, and 747SP airplanes. This AD was
prompted by reports of cracks found in the front spar shear tie and at
the intercostal lug fitting at certain locations. This AD requires
repetitive detailed and surface high frequency eddy current (HFEC)
inspections of the front spar shear tie and intercostal lug fitting at
certain locations for any cracking, and applicable on-condition
actions. The FAA is issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective October 5, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 5,
2021.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0376.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0376; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Stefanie Roesli, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all The Boeing Company
Model 747-100, -100B, -100B SUD, -200B, -200C, -200F, -300, -400, -
400D, -400F, 747SR, and 747SP airplanes. The NPRM published in the
Federal Register on June 7, 2021 (86 FR 30216). The NPRM was prompted
by reports of cracks found in the front spar shear tie and at the
intercostal lug fitting at certain locations. In the NPRM, the FAA
proposed to require repetitive detailed and surface HFEC inspections of
the front spar shear tie and intercostal lug fitting at certain
locations for any cracking, and applicable on-condition actions. The
FAA is issuing this AD to address any cracking in these areas that
could result in the loss of limit load capability in a principal
structural element, the potential inability to restrain the cargo for
certain cargo configurations, and the potential for a center fuel tank
rupture for certain cargo configurations under limit load conditions,
which could adversely affect the structural integrity of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Boeing who supported the NPRM
without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin 747-53A2904 RB,
dated December 16, 2020. This service information specifies procedures
for repetitive detailed and surface HFEC inspections of the station
1000 front spar shear tie at the left and right side buttock line (BL)
11.33, BL 33.99, BL 57.50, and BL 75.92, and of the intercostal lug
fitting at the left and right side BL 11.33, for any cracking, and
applicable on-condition actions. On-condition actions include repair,
installing a new front spar shear tie, and installing a new intercostal
lug fitting. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD will affect 117 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections................  Up to 314 work-hours               $0  Up to $26,690........  Up to $3,122,730.
                              x $85 per hour = Up
                              to $26,690.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
installations and repairs that would be required based on the results
of the inspection. The agency has no way of determining the number of
aircraft that might need these installations and repairs:

                           On-Condition Costs
------------------------------------------------------------------------
                                                             Cost per
        Action            Labor cost       Parts cost        product
------------------------------------------------------------------------
Installations........  Up to 368 work-  Up to $38,446    Up to $69,726.
                        hour x $85 per   (for shear
                        hour = Up to     ties and
                        $31,280.         intercostal
                                         lug fittings).
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2021-17-06 The Boeing Company: Amendment 39-21689; Docket No. FAA-
2021-0376; Project Identifier AD-2021-00062-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 5, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-100, -100B,
-100B SUD, -200B, -200C, -200F, -300, -400, -400D, -400F, 747SR, and
747SP airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the station (STA)
1000 front spar shear tie at the left and right side buttock line
(BL) 11.33, BL 33.99, BL 57.50, and BL 75.92, and in the intercostal
lug fitting at the left and right side BL 11.33. The FAA is issuing
this AD to address any cracking in these areas that could result in
the loss of limit load capability in a principal structural element,
the potential inability to restrain the cargo for certain cargo
configurations, and the potential for a center fuel tank rupture for
certain cargo configurations under limit load conditions, which
could adversely affect the structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin 747-53A2904 RB, dated December 16, 2020,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
747-53A2904 RB, dated December 16, 2020.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
747-53A2904, dated December 16, 2020, which is referred to in Boeing
Alert Requirements Bulletin 747-53A2904 RB, dated December 16, 2020.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Requirements Bulletin 747-53A2904 RB,
dated December 16, 2020, uses the phrase ``the original issue date
of Requirements Bulletin 747-53A2904 RB,'' this AD requires using
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 747-53A2904 RB,
dated December 16, 2020, specifies contacting Boeing for repair
instructions: This AD requires doing the repair using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
the certification office, send it to the attention of the person
identified in Related Information. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.

(j) Related Information

    (1) For more information about this AD, contact Stefanie Roesli,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 747-53A2904 RB, dated
December 16, 2020.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18705 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Proposed Rules]
[Pages 31203-31206]
[FR Doc No: 2022-10881]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0355]
RIN 1625-AA00

Safety Zone; Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Lake Erie. This action is necessary to
provide for the safety of life on these navigable waters near
Cleveland, OH, during the Tall Ships Cleveland event fireworks display
tri-annually in July. This proposed rulemaking would prohibit persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Buffalo or a designated representative. We invite
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 22, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0355 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public

Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Jared Stevens, Waterways
Management Division, MSU Cleveland, U.S. Coast Guard; telephone 216-
937-0124, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 28, 2022, Tall Ships America notified the Coast Guard
that it will be conducting a Tall Ships fireworks display tri-annually
in July. Hazards from the fireworks display may include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The event fireworks are to be launched from the
Cleveland Port Authority Terminal adjacent to Lake Erie, Cleveland,
Ohio. The Captain of the Port Buffalo (COTP) has determined that
potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 420-foot radius
of the Cleveland Port Authority during the fireworks display.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 420 foot radius of the fireworks,
before, during, and after the scheduled event.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone tri-annually in
July. This safety zone will cover all navigable waters within a 420-
foot radius of the fireworks display, before, during, and after the
scheduled event. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters during the scheduled Tall
Ships fireworks display.
    No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the proposed rule. This safety zone would
restrict navigation around the Tall Ships fireworks display triannually
with a limited radius from the fireworks launch point for a period not
likely to exceed 6 hours. Vessel traffic will be able to safely transit
around the safety zone. Moreover, the rule would allow vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
triannual safety zone for a fireworks display that would prohibit
vessel navigation within 420 feet of the Cleveland Port Authority
before, during and after the display.
    Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0355 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.9XX to read as follows:

Sec.  165.9XX   Safety Zone; Lake Erie, Cleveland, OH

    (a) Location. All navigable waters of Lake Erie adjacent to
Cleveland, OH, within a 420-foot radius from the fireworks launch site
located near Port of Cleveland Dock 20.
    (b) Definitions. Official Patrol Vessel means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, or local
officer designated by or assisting the Captain of the Port Buffalo
(COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
    (c) Regulations. (1) The Coast Guard may patrol the event area
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels designated or assigned by
the Captain of the Port Buffalo to patrol the event.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
    (4) No spectator shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the regulated area during the
effective dates and times, unless cleared for entry by or through an
official patrol vessel.
    (5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated areas
specified in this chapter, but may not anchor in, block, or loiter in a
navigable channel.
    (7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (8) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.

    (d) Enforcement Period. This section will be enforced tri-annually
in July. The Coast Guard will provide advance notice of the enforcement
date and time of the safety zone by publishing a Notice of Enforcement
in the Federal Register, as well as issuing a Broadcast Notice to
Mariners.

    Dated: May 12, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-10881 Filed 5-20-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45399-45401]
[FR Doc No: 2012-18599]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67499; File No. SR-EDGX-2012-27]

 Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX Rule 11.13 To extend the Operation of a Pilot Program Pursuant to
the Rule Until February 4, 2013

July 25, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 18, 2012, the EDGX Exchange, Inc. (the ``Exchange'' or the
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend EDGX Rule 11.13 to extend the
operation of a pilot pursuant to the Rule (the ``Pilot'') until
February 4, 2013. The text of the proposed rule change is available on
the Exchange's Web site at www.directedge.com, at the Exchange's
principal office, on the Commission's Web site at www.sec.gov, and at
the Public Reference Room of the Commission.

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 self-regulatory organization 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
    The purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions,
Rule 11.13, through February 4, 2013.
Background
    The rule, explained in further detail below, was initially approved
to operate under a Pilot program set to expire on December 10, 2010.\3\
Then, it was subsequently extended by the Exchange to April 11,
2011.\4\ Then, it was further extended by the Exchange through the
earlier of August 11, 2011 or the date on which a limit up/limit down
mechanism to address extraordinary market volatility, if adopted,
applies.\5\ Then, it was further extended through January 31, 2012,\6\
and again extended through July 31, 2012.\7\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \4\ See Securities Exchange Act Release No. 63515 (December 10,
2010), 75 FR 78319 (December 15, 2010) (SR-EDGX-2010-23).
    \5\ See Securities Exchange Act Release No. 64229 (April 7,
2011), 76 FR 20738 (April 13, 2011) (SR-EDGX-2011-11).
    \6\ See Securities Exchange Act Release No. 65073 (August 9,
2011), 76 FR 50512 (August 15, 2011) (SR-EDGX-2011-24).
    \7\ See Securities Exchange Act Release No. 66222 (January 24,
2012), 77 FR 4595 (January 30, 2012) (EDGX-2012-02).
---------------------------------------------------------------------------

    On September 10, 2010, the Commission approved, on a Pilot basis,
changes to EDGX Rule 11.13 to provide for uniform treatment: (1) Of
clearly erroneous execution reviews in multi-stock events involving
twenty or more securities; and (2) in the event transactions occur that
result in the issuance of an individual stock trading pause by the
primary market and subsequent transactions that occur before the
trading pause is in effect on the Exchange.\8\ The Exchange also
adopted additional changes to Rule 11.13 that reduced the ability of
the Exchange to deviate from the objective standards set forth in Rule
11.13.\9\ The Exchange believes the benefits to market participants
from the more objective clearly erroneous executions rule should be
approved to continue on a Pilot basis through February 4, 2013, the
implementation date of the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Securities
Exchange Act of 1934 (the ``Limit Up-Limit Down Plan'').\10\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \9\ Id.
    \10\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012).
---------------------------------------------------------------------------

2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\11\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous. More specifically, the
Exchange believes that the extension of the Pilot would help assure
that the determination of whether a clearly erroneous trade has
occurred will be based on clear and objective criteria, and that the
resolution of the incident will occur promptly through a transparent
process. The proposed rule change would also help assure consistent
results in handling erroneous trades across the U.S. markets, thus
furthering fair and orderly markets, the protection of investors and
the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6)(iii) thereunder.\15\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's 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. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \17\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue uninterrupted, thereby
avoiding the investor confusion that could result from a temporary
interruption in the pilot program. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an Email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2012-27 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-EDGX-2012-27. 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 Commissions 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 Web site viewing and printing at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
EDGX-2012-27 and should be submitted by August 21, 2012.

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

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-18599 Filed 7-30-12; 8:45 am]
BILLING CODE 8011-01-P


PART A OF THE SUPPORTING STATEMENT FOR STANDARD FORM 83 I STATIONARY COMBUSTION TURBINES 1. IDENTIFICATION OF THE INFORMATION COLLECTION ( a) Title of the Information Collection " NESAP for Stationary Combustion Turbines ( 40 CFR Part 63, subpart YYYY)."

( b) Short Characterization This supporting statement addresses information collection activities that would be imposed by the " National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines," 40 CFR part 63, subpart YYYY. These standards fulfill the requirements of section 112 of the Clean Air Act as amended in 1990 ( CAA), which requires the EPA to promulgate standards for stationary combustion turbines.

The information collection activities in this ICR include: continuous parameter monitoring, one time and periodic reports, and the maintenance of records. The information collection activities will enable the EPA to determine initial and continuous compliance with emission standards for the regulated pollutants.

2. NEED FOR AND USE OF THE COLLECTION ( a) Need/ Authority for the Collection The EPA is required under section 112 of the CAA to establish national emission standards for hazardous air pollutants ( NESHAP) that reflect the maximum achievable 2 control technology ( MACT) for achieving continuous emission reductions. Section 112( d) states:

Emissions standards promulgated under this subsection and applicable to new or existing sources of hazardous air pollutants shall require the maximum degree of reduction in emissions of the hazardous air pollutants subject to this section that the Administrator, taking into consideration the cost of achieving such emission reduction, and any non air quality health and environmental impacts and energy requirements, determines is achievable for new or existing sources in the category or subcategory to which such emission standard applies . . . .

Section 112( i) further states:

After the effective date of any emissions standard, limitation or regulation promulgated under this section and applicable to a source, no person may operate such source in violation of such standard, limitation or regulation . . . .

In addition, section 114( a)( 1) states that:

. . . the Administrator may require any person who owns or operates any emission source or who is subject to any requirement of this Act . . . to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use, and maintain such monitoring equipment or methods, ( D) sample such emissions ( in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( E) provide such other information, as he may reasonably require.

Certain reports are necessary to enable the Administrator to identify stationary combustion turbines subject to the regulation and to determine if the standards are being achieved.

( b) Practical Utility/ Users of the Data The information will be used by the EPA to identify sources subject to the 3 standards and ensure that the emission standards are being met. Records and reports are necessary to enable the EPA to identify facilities that may not be in compliance with the standards. Based on reported information, the EPA will decide which facilities should be inspected and what records or units should be inspected at the facilities. The records that facilities maintain will indicate to the EPA whether facility personnel are operating and maintaining the equipment properly.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ( a) Nonduplication Duplication in the reporting of stationary combustion turbine information is not anticipated. If the standard has not been delegated, the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted their own similar regulation to implement the Federal regulation, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standard. Therefore, no duplication exists.

( b) Public Notice Required Prior to ICR Submission to OMB A public notice of this collection will be provided in the notice of promulgated rulemaking for the NESHAP. 4 ( c) Consultations In September 1996, the EPA chartered the Industrial Combustion Coordinated Rulemaking ( ICCR) advisory committee under the Federal Advisory Committee Act ( FACA). The committee's objective was to develop recommendations for regulations for several combustion source categories under sections 112 and 129 of the CAA. The ICCR advisory committee, known as the Coordinating Committee, formed Source Work Groups for the various combustor types covered under the ICCR. One work group, the Combustion Turbine Work Group, was formed to research issues related to stationary combustion turbine units. The Combustion Turbine Work Group submitted recommendations, information, and data analysis results to the Coordinating Committee,

which in turn considered them and submitted recommendations and information to the EPA. The Committee's recommendations were considered by the EPA in developing these regulations for stationary combustion turbine units.

The public also had the opportunity to review and comment on the proposed NESHAP and the previous ICR during the specified comment period.

( d) Effects of Less Frequent Data Collection The frequency of the data collection requirements was chosen by the EPA to provide reasonable assurance that a facility is in compliance with the standard. Less frequent collection could result in long term exceedances of the applicable emission standards.

( e) General Guidelines 5 With the exception of requiring records to be maintained for more than 3 years,

none of the guidelines in CFR 1320.5 are being exceeded. This rule requires all records to be maintained for a period of 5 years, which is consistent with the General Provisions under 40 CFR part 63.

( f) Confidentiality The type of data that would be required is principally emissions data and would not be confidential. If any information is submitted to the EPA for which a claim of confidentiality is made, the information would be safeguarded according to the Agency policies set forth in title 40, chapter 1, part 2, subpart B  Confidentiality of Business Information.

( g) Sensitive Questions This section is not applicable because the ICR does not involve matters of a sensitive nature.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED ( a) Respondents/ NAICS Codes Respondents are owners or operators of any new or reconstructed stationary combustion turbines for which construction or reconstruction commenced after the date of proposal publication in the Federal Register. These standards affect any industry, State,

local, or tribal government using a stationary combustion turbine as defined in the 6 regulation. The North American Industrial Classification System ( NAICS) codes for facilities using stationary combustion turbines affected by the regulation include: 2211 ( Electric Power Generation, Transmission, or Distribution), 48621 ( Natural Gas Transmission), 211111 ( Crude Petroleum and Natural Gas Production), 2111112 ( Natural Gas Liquids Producers), and 221 ( Electric and Other Services Combined).

( b) Information Requested ( i) Data Items Attachment 1, Source Data and Information Requirements,

summarizes the recordkeeping and reporting requirements of this regulation.

( ii) Respondent Activities The respondent activities required by the regulation are provided under the first column of Tables 1 through 3, introduced in section 6( a).

( iii) Summary of Requirements The information collection activities in this ICR include: continuous parameter monitoring, stack testing, one time and periodic reports,

and the maintenance of records. The rule requires facilities to meet an emission limitation for formaldehyde. Sources meeting the emission limitation for formaldehyde must conduct an initial performance test to demonstrate compliance and subsequent yearly performance tests after that. It is expected that all facilities will install an oxidation catalyst to comply with the emission limitation for formaldehyde. Facilities that use an oxidation catalyst emission control device must also install a continuous parameter monitoring system ( CPMS) to continuously monitor the oxidation catalyst inlet temperature. Facilities that do not use an oxidation catalyst emission control device must petition the Administrator for approval of operating limitations or approval of no 7 operating limitations.

Following the initial compliance demonstration, the owner or operator must submit an initial notification of compliance. Compliance reports must be submitted semiannually to document whether any deviations from the emission limitations occurred.

Facilities must submit a notification of construction or reconstruction, anticipated startup,

and actual startup. Stationary combustion turbines that meet certain requirements will not have to follow any of the requirements of the regulation, with the exception that they will have to submit a one time initial notification.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES,

COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ( a) Agency Activities A list of Agency activities for the first 3 years following the effective date of the standards is provided in Tables 4 through 6, which are introduced in section 6( c).

( b) Collection Methodology and Management Data obtained during periodic visits by EPA personnel, from records maintained by the respondents, and from information provided in semiannual reports will be tabulated and published for internal EPA use in compliance and enforcement programs. The rule allows records to be retained in hard copy or electronic format to allow flexibility and minimize burden. 8 ( c) Small Entity Flexibility Minimizing the information collection burden for all sizes of organizations is a continuing effort for the EPA. The Stationary Combustion Turbine NESHAP is applicable only to major sources. Combustion turbines below 1 MW in capacity have no regulatory requirements. Existing stationary combustion turbines have no regulatory requirements either. New or reconstructed stationary combustion turbines which are required to meet emission limitations have to perform an initial stack test to demonstrate compliance and thereafter annual performance tests for formaldehyde to demonstrate that the turbine is meeting the emission limitation. New or reconstructed stationary combustion turbines required to meet the emission limitation for formaldehyde that use an oxidation catalyst emission control device must also install a CPMS to continuously monitor the oxidation catalyst inlet temperature. New or reconstructed stationary combustion turbines required to meet the emission limitation for formaldehyde that do not use an oxidation catalyst emission control device must petition the Administrator for approval of operating limitations or approval of no operating limitations. These provisions provide flexibility in compliance and monitoring for all turbines including turbines operated by small entities.

We do not believe that the NESHAP will have a significant impact on a substantial number of small entities. Furthermore, although the recordkeeping and reporting requirements are the same for small and larger businesses, these requirements are considered the minimum needed to ensure compliance and, therefore, cannot be reduced further for small businesses. 9 ( d) Collection Schedule Existing sources do not have any requirements in the final rule. New or reconstructed sources for which construction or reconstruction has commenced and initial startup occurs before the effective date of this standard must submit an initial notification that the source is subject to the standard no later than 120 days after the effective date of the standard. New or reconstructed sources for which the construction or reconstruction commenced after the effective date of this standard must submit the initial notification no later than 120 days after becoming subject to the regulation. New or reconstructed sources for which the construction or reconstruction commenced after the effective date of the standard must also submit the following: notification of construction/ reconstruction; notification of anticipated startup, delivered or postmarked not more than 60 days or less than 30 days before anticipated startup; and notification of actual startup, delivered or postmarked within 15 days after actual startup. Sources meeting the emission limitation for formaldehyde must submit a notification of intent to conduct an initial performance test at least 60 days prior to the performance test, and submit an initial notification of compliance 60 days after the initial performance test.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION ( a) Estimating Respondent Burden It is estimated that 27 new turbines will come online in each of the next 3 years that will be required to meet the formaldehyde emission limitation. Existing turbines do 10 not have to meet the requirements of the final rule. The NESHAP will therefore affect 27 new turbines over the next 3 years. An estimated 123 turbines that come online each year will have to submit a one time initial notification only and will have no other notification,

recordkeeping, or reporting requirements. The EPA assumed that all new sources will install an oxidation catalyst in order to meet the formaldehyde emission limitation. These sources will have to conduct an initial performance test in order to demonstrate compliance with the formaldehyde emission limitation and conduct annual performance tests thereafter to show continued compliance with the formaldehyde emission limitation.

Sources are also required to submit semiannual compliance reports.

An itemized breakdown of the reporting and recordkeeping requirements with the annual cost and labor requirements for the respondents subject to the NESHAP for the 3

year period following promulgation is presented in Tables 1 through 3. The annual cost and labor respondent burden estimates for the first year after promulgation are presented in Table 1. The burden estimates for years 2 and 3 are presented in Tables 2 and 3,

respectively. These numbers were derived from the EPA's experience with other standards and from discussions with industry representatives.

( b) Estimating Respondent Costs The information collection activities for sources subject to these requirements are presented in Tables 1 through 3. The total cost for each respondent activity includes labor costs, capital/ startup costs, and operation and maintenance ( O& M) costs.

( i) Estimating Labor Costs Labor rates, on a per hour basis, are taken from 11 the Bureau of Labor Statistics web site ( http:// stats. bls. gov/ news. release) as posted for March 1999. The base labor rates are $ 18.59 for technical personnel, $ 25.31 for management, and $ 11.90 for clerical. The total compensation rate is $ 25.72 for technical personnel, $ 35.18 for managerial, and $ 16.63 for clerical. This accounts for paid leave,

insurance, etc. The compensation rates were then adjusted by an overhead and profit rate of 167 percent. The final total wage rates are $ 43 for technical personnel, $ 59 for management, and $ 28 for clerical. 12 TABLE 1. RESPONDENT BURDEN AND COST OF REPORTING FOR THE FIRST YEAR Number of Capital/ Startup Person hours occurrences Person hours Respondents Technical Management Clerical Cost O& M Cost Total Cost ($)

Burden Item per per year per per year person hours person hours person hours ( per respondent) ( per respondent) Year 1 ( A) ( B) ( C)=( A* B) ( D) ( E)=( C* D) ( F)=( E* 0.05) ( G)=( E* 0.1)

1. Applications N/ A 2. Surveys and Studies N/ A 3. Reporting Requirements A. Read Instructions 4 1 4 132 527 26 53 25,701 B. Required Activities  Performance Test 12 1 12 9 106 5 11 108,680 C. Gather Existing Information Included in D. Write Report  Notification of construction/ 2 1 2 9 18 1 2 858 reconstruction  Notification of anticipated startup 2 1 2 9 18 1 2 858  Notification of actual startup 2 1 2 9 18 1 2 858  Notification of performance test 2 1 2 9 18 1 2 858  Initial notification for exempt 2 1 2 123 246 12.3 24.6 11,992  Initial notification of compliance 2 1 2 9 18 1 2 858  Compliance report 8 2 16 9 141 7 14 6,864 4. Recordkeeping Requirements A. Read Instructions 4 1 4 9 35 2 4 1,716 B. Train personnel 40 1 40 9 352 18 35 17,160 C. Continuous monitoring  Purchase and install CPMS 30 1 30 9 264 13 26 427 16,628  Record information 0.5 12 6 9 53 3 5 2,574 SUBTOTAL BURDEN AND COST 1,812 91 181 195,605 AVERAGE PER RESPONDENT 14 1 1 1,484 * Costs are based on March 1999 Bureau estimated using the following hourly 13 TABLE 2. RESPONDENT BURDEN AND COST OF REPORTING FOR THE SECOND YEAR Number of Capital/ Startup Person hours occurrences Person hours Respondents Technical Management Clerical Cost O& M Cost Total Cost ($)

Burden Item per per year per per year person hours person hours person hours ( per ( per Year 2 ( A) ( B) ( C)=( A* B) ( D) ( E)=( C* D) ( F)=( E* 0.05) ( G)=( E* 0.1)

1. Applications N/ A 2. Surveys and Studies N/ A 3. Reporting Requirements A. Read Instructions 4 1 4 132 527 26 53 25,701 B. Required Activities  Performance Test 12 1 12 18 211 11 21 217,360 C. Gather Existing Information Included in D. Write Report  Notification of construction/ 2 1 2 9 18 1 2 858 reconstruction  Notification of anticipated startup 2 1 2 9 18 1 2 858  Notification of actual startup 2 1 2 9 18 1 2 858  Notification of performance test 2 1 2 18 35 2 4 1,716  Initial notification for exempt 2 1 2 123 246 12.3 24.6 11,992  Initial notification of compliance 2 1 2 9 18 1 2 858  Compliance report 8 2 16 18 282 14 28 13,728 4. Recordkeeping Requirements A. Read Instructions 4 1 4 9 35 2 4 1,716 B. Train personnel 40 1 40 9 352 18 35 17,160 C. Continuous monitoring  Purchase and install CPMS 30 1 30 18 264 13 26 427 20,385  Record information 0.5 12 6 18 106 5 11 5,148 SUBTOTAL BURDEN AND COST 2,128 106 213 318,339 AVERAGE PER RESPONDENT 14 1 1 2,131 * Costs are based on March 1999 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $ 43, management at $ 59 and clerical at $ 28. 14 TABLE 3. RESPONDENT BURDEN AND COST OF REPORTING FOR THE THIRD YEAR Number of Capital/ Startup Person hours occurrences Person hours Respondents Technical Management Clerical Cost O& M Cost Total Cost ($)

Burden Item per per year per per year person hours person hours person hours ( per respondent) ( per Year 3 ( A) ( B) ( C)=( A* B) ( D) ( E)=( C* D) ( F)=( E* 0.05) ( G)=( E* 0.1)

1. Applications N/ A 2. Surveys and Studies N/ A 3. Reporting Requirements A. Read Instructions 4 1 4 132 527 26 53 25,701 B. Required Activities  Performance Test 12 1 12 26 317 16 32 326,040 C. Gather Existing Information Included in D. Write Report  Notification of construction/ 2 1 2 9 18 1 2 858 reconstruction  Notification of anticipated startup 2 1 2 9 18 1 2 858  Notification of actual startup 2 1 2 9 18 1 2 858  Notification of performance test 2 1 2 26 53 3 5  Initial notification for exempt 2 1 2 123 246 12.3 24.6 11,992  Initial notification of compliance 2 1 2 9 18 1 2 858  Compliance report 8 2 16 26 422 21 42 20,592 4. Recordkeeping Requirements A. Read Instructions 4 1 4 9 35 2 4 1,716 B. Train personnel 40 1 40 9 352 18 35 17,160 C. Continuous monitoring  Purchase and install CPMS 30 1 30 26 264 13 26 427 24,143  Record information 0.5 12 6 26 158 8 16 7,722 SUBTOTAL BURDEN AND COST 2,445 122 245 438,498 AVERAGE PER RESPONDENT 15 1 2 2,772 * Costs are based on March 1999 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $ 43, management at $ 59 and clerical at $ 28. 15 ( ii) Estimating Capital/ Startup Costs Capital costs associated with the NESHAP result from the purchase and installation of a CPMS. The capital costs are based on consultation with equipment vendors and industry experts. The estimated CPMS total annualized capital cost is $ 427 per CPMS.

( iii) Total Operation and Maintenance Costs There are no annual operating and maintenance costs associated with the final rule. The EPA expects the CPMS to be maintenance free.

( c) Estimating Agency Burden and Cost The Agency burden and cost estimates include only those items where the government would incur additional costs as a result of the information collection. These costs include user costs associated with the review and analysis of the reported information. These are presented in Tables 4 through 6. The information collection requirements were developed as an incidental part of standards development; therefore, no costs can be attributed to the development of the information collection requirements.

Because reporting and recordkeeping requirements on the part of the respondents are required under section 112 of the CAA, no operational costs will be incurred by the 16 TABLE 4. FEDERAL GOVERNMENT BURDEN AND COST FOR THE FIRST YEAR Technical Management Clerical EPA hours Operations person hours person hours person hours Total Cost ($)

Activity per operation per year per year per year per year Year 1 ( A) ( B) ( C)=( A* B) ( D)=( C* 0.05) ( E)=( C* 0.1) ( F)

Report Review 1. Notification of construction/ reconstruction 1 9 9 0 1 411 2. Notification of anticipated startup 0.5 9 4 0 0 205 3. Notification of actual startup 0.5 9 4 0 0 205 4. Notification of performance test 2 9 18 1 2 821 6. Initial notification for exempt turbines 0.5 123 61.5 3.075 6.15 2,869 7. Initial notification of compliance 2 9 18 1 2 821 8. Compliance Report 2 18 35 2 4 1,642 SUBTOTAL BURDEN AND COST 150 7 15 6,974 * Costs are based on January 2000 Office of Personnel Management labor statistics for Federal Workers. Costs are estimated using the following hourly rates: technical at $ 41, management at $ 67, and clerical at $ 23. 17 TABLE 5. FEDERAL GOVERNMENT BURDEN AND COST FOR THE SECOND YEAR Technical Management Clerical EPA hours Operations person hours person hours person hours Total Cost ($)

Activity per operation per year per year per year per year Year 2 ( A) ( B) ( C)=( A* B) ( D)=( C* 0.05) ( E)=( C* 0.1) ( F)

Report Review 1. Notification of construction/ reconstruction 1 9 9 0 1 411 2. Notification of anticipated startup 0.5 9 4 0 0 205 3. Notification of actual startup 0.5 9 4 0 0 205 4. Notification of performance test 2 18 35 2 4 1,642 6. Initial notification for exempt turbines 0.5 123 61.5 3.075 6.15 2,869 7. Initial notification of compliance 2 18 35 2 4 1,642 8. Compliance Report 2 35 70 4 7 3,284 SUBTOTAL BURDEN AND COST 220 11 22 10,258 * Costs are based on January 2000 Office of Personnel Management labor statistics for Federal Workers. Costs are estimated using the following hourly rates: technical at $ 41, management at $ 67, and clerical at $ 23. 18 TABLE 6. FEDERAL GOVERNMENT BURDEN AND COST FOR THE THIRD YEAR Technical Management Clerical EPA hours Operations person hours person hours person hours Total Cost ($)

Activity per operation per year per year per year per year Year 3 ( A) ( B) ( C)=( A* B) ( D)=( C* 0.05) ( E)=( C* 0.1) ( F)

Report Review 1. Notification of construction/ reconstruction 1 9 9 0 1 411 2. Notification of anticipated startup 0.5 9 4 0 0 205 3. Notification of actual startup 0.5 9 4 0 0 205 4. Notification of performance test 2 26 53 3 5 2,463 6. Initial notification for exempt turbines 0.5 123 62 3.08 6.2 2,869 7. Initial notification of compliance 2 26 53 3 5 2,463 8. Compliance Report 2 53 106 5 11 4,926 SUBTOTAL BURDEN AND COST 290 15 29 13,542 * Costs are based on January 2000 Office of Personnel Management labor statistics for Federal Workers. Costs are estimated using the following hourly rates: technical at $ 41, management at $ 67, and clerical at $ 23. 19 Federal government. Examination of records to be maintained by the respondents would occur incidentally as part of the periodic inspection of sources that is part of the EPA's overall compliance and enforcement program and, therefore, is not attributable to the ICR.

The hourly burden for review of reports was estimated through discussion with personnel from local agencies who review these types of reports. Labor rates for Federal employees are based on the January 2000, Office of Personnel Management pay rates for General Schedule employees ( see http:// www. opm. gov/ oca/ 2000tbls/ GShrly/ html/

GSHRBASE. HTM). The pay rates were multiplied by the standard government benefits multiplication factor of 1.6. The resulting average hourly labor costs are $ 41 for technical personnel, $ 67 for management, and $ 23 for clerical.

( d) Estimating the Respondent Universe and Total Burden and Costs The respondent universe was estimated through existing and projected plant permits and industry orders for stationary combustion turbines. It is estimated that 27 new facilities will come online in each of the next 3 years that will be required to meet the formaldehyde emission limitation. No reconstructed stationary combustion turbines are projected in the next 3 years.

The total burden is calculated by adding the total technical, management, and clerical hours per year. The technical hours are calculated by multiplying the total hours per respondent by the number of respondents per year for each respondent activity.

Management and clerical hours are assumed to be 5 percent and 10 percent of the technical hours, respectively. 20 The total cost is calculated by summing the labor and capital/ startup costs. The labor costs are determined by multiplying the total labor hours by the total wage rate for each labor category. The total capital/ startup costs are calculated by multiplying the cost for each respondent by the number of respondents. Total cost is presented in the far right column of each table.

( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally A breakdown for each of the collection, reporting, and recordkeeping activities required by the NESHAP was previously presented in Tables 1 through 3. The estimate of total annual hours requested from the respondents was based on the assumptions outlined in section 6( d) of this supporting statement. The EPA estimated the respondent burden by totaling the hours for the first 3 years after the implementation of the NESHAP for technical, managerial, and clerical staff at the facility,

and then dividing that total by three to determine the average annualized burden. The 3

year summary results are presented in Table 7. For the first 3 years after the implementation of the NESHAP, it is estimated that industry would expend 2,468 hours annually at a cost of $ 317,481 per year to meet the monitoring, recordkeeping, and reporting requirements.

( ii) The Agency Tally A breakdown for each of the Agency activities required for the NESHAP is provided in Tables 4 through 6. The bottom line Agency burden hours and costs, presented in Table 8, are calculated by totaling the hours per year for technical, managerial, and clerical staff, and by totaling the cost column. The average 21 annual burden is calculated by dividing the 3 year total by three. The estimated average TABLE 7. SUMMARY OF RESPONDENT BURDEN AND COST Number of Technical Management Clerical Total Year Respondents person hours person hours person hours person hours Total Cost ($)

First 132 1,812 91 181 2,083 195,605 Second 141 2,128 106 213 2,448 318,339 Third 149 2,445 122 245 2,812 438,498 Three Year Total 6,385 319 639 7,343 952,442 Annual Average 2,128 106 213 2,448 317,481 * Costs are based on March 1999 Bureau of Labor Statistics, Employment Cost Trends total compensation index which includes wages, salaries, and benefits. Costs are estimated using the following hourly rates: technical at $ 43, management at $ 59 and clerical at $ 28.

TABLE 8. SUMMARY OF AGENCY BURDEN AND COST Number of Technical Management Clerical Total Year Respondents person hours person hours person hours person hours Total Cost ($)

First 132 150 7 15 172 6,974 Second 141 202 10 20 233 9,437 Third 149 255 13 26 293 11,900 Three Year Total 607 30 61 698 28,312 Annual Average 202 10 20 233 9,437 * Costs are based on January 2000 Office of Personnel Management labor statistics for Federal Workers. Costs are estimated using the following hourly rates: technical at $ 41, management at $ 67, and clerical at $ 23. 22 23 annual burden, over the first 3 years, for the Agency would be 233 hours at a cost of $ 9,437 per year.

( iii) Variations in the Annual Bottom Line The total number of respondent labor hours in the first year for one facility is 16 hours ( 2,083/ 132 = 16). This represents a total cost to this respondent of $ 1,482 ($ 195,605/ 132 = $ 1,482) in the first year. In the second year the respondent hours and costs for this facility would increase to 17 and $ 2,258, respectively. In the third year the respondent hours would be 19 and the costs would be $ 2,943.

The total burden and cost estimates for the first 3 years after the NESHAP is promulgated are given in Tables 1 through 3 and Table 7. The variation in total activity and respondent burden and cost from year to year is shown in the tables. In years 1, 2,

and 3, the total costs are $ 195,605; $ 318,339; and $ 438,498; respectively ( see Tables 1 through 3 and 7). In year 1, 9 facilities are in startup phase. In year 2, 9 facilities are in startup phase and 9 new facilities are under normal operation. By year 3, 18 new facilities are under normal operation, and 9 are in startup mode.

The total number of agency hours for review of reports also varies as more units start up and as the plants progress from startup reporting to annual compliance reporting.

The total number of agency hours for years 1, 2, and 3 are 172, 233, and 293. The corresponding agency costs for activities during these years are $ 6,974; $ 9,437; and $ 11,900 ( see Table 8).

( f) Reasons for Change in Burden 24 This is the final estimation of burden for this ICR. The change in burden is a result of changes made to the final rule. The final rule does not contain any requirements for existing sources. Only new and reconstructed sources are required to comply with the rule. This affects the estimated burden. The proposed rule required facilities to either meet an emission limitation for formaldehyde or an emission limitation for carbon monoxide ( CO). The final rule only requires new and reconstructed sources to meet a formaldehyde emission limitation. This change also contributes to the change in burden.

Since EPA has removed the CO emission limitation, the requirement to install and operate a continuous emission monitoring system ( CEMS) for CO has also been removed. This is another reason for change in burden. The proposed rule required sources meeting the emission limitation for formaldehyde to conduct only an initial performance test to demonstrate initial compliance with the formaldehyde emission limitation. The final rule requires sources to conduct annual performance tests for formaldehyde to demonstrate continuous compliance in addition to the initial performance test which also contributes to the change in burden.

( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 11 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 25 information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden,

including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2002 0060, which is available for public viewing at the Air and Radiation Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center 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 ( 202) 566 1744, and the telephone number for the Air and Radiation Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th 26 Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OAR 2002 0060) r) in any correspondence.

PART B OF THE SUPPORTING STATEMENT This section is not applicable because statistical methods are not used in data collection associated with this regulation. ATTACHMENT 1 SOURCE DATA AND INFORMATION REQUIREMENTS 27 Recordkeeping Requirements 40 CFR 63 Subpart YYYY 5 year retention of records 63.6160( b)

Records of all notifications and reports 63.6155( a)( 1)

Records of performance tests 63.6155( a)( 2)

Records of the occurrence and duration of each startup, shutdown, or malfunction of the stationary combustion turbine 63.6155( a)( 3)

Records of the occurrence and duration of each malfunction of the air pollution control equipment 63.6155( a)( 4)

Records of all maintenance on the air pollution control equipment 63.6155( a)( 5) ATTACHMENT 1 SOURCE DATA AND INFORMATION REQUIREMENTS 28 Reporting Requirements 40 CFR 63 Subpart YYYY Report the following information semiannually:

 company name and address  name, title, and signature of the responsible official certifying the accuracy of the report  date of report and beginning and ending dates of the reporting period  if no deviations occurred during the period, a statement that no deviations occurred  information on deviations or malfunctions 63.6150


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Page 47009]
[FR Doc No: 2019-19223]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86835; File No. SR-BOX-2019-22]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of
Withdrawal of Proposed Rule Change To Amend the Fee Schedule on the BOX
Options Market LLC Facility To Establish BOX Connectivity Fees for
Participants and Non-Participants Who Connect to the BOX Network

August 30, 2019.
    On June 26, 2019, BOX Exchange LLC (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Exchange's fee schedule to establish certain connectivity fees and
reclassify its high speed vendor feed connection as a port fee. The
proposed rule change was immediately effective upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed
rule change was published for comment in the Federal Register on July
15, 2019.\4\ The Commission received two comment letters on the
proposal.\5\ On August 22, 2019, the Exchange withdrew the proposed
rule change (SR-BOX-2019-22).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 86335 (July 9,
2019), 84 FR 33788.
    \5\ See Letters to Vanessa Countryman, Secretary, Commission,
from Theodore R. Lazo, Managing Director and Associate General
Counsel, and Ellen Greene, Managing Director, Financial Services
Operations, Securities Industry and Financial Markets Association,
dated August 5, 2019 and Tyler Gellasch, Executive Director, Healthy
Markets Association, dated August 5, 2019.
    \6\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-19223 Filed 9-5-19; 8:45 am]
 BILLING CODE 8011-01-P