[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Proposed Rules]
[Page 28209-28212]
[DOCID:fr15jn09-23]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 581

[Docket Number NHTSA-2009-0047]

Bumper Standard; Petition for Rulemaking

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for comments.

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SUMMARY: On July 1, 2008, the Insurance Institute for Highway Safety
(IIHS) petitioned the agency to amend the existing bumper standard, to
require compliance by light trucks, vans, and sport utility vehicles
(SUVs), which NHTSA often refers to collectively as LTVs. The agency
had already begun re-evaluating the bumper standard in anticipation of
the vote on a Global Technical Regulation on pedestrian safety. NHTSA
requests comments and information to assist the agency in determining
whether to grant or deny the IIHS petition.

DATES: You should submit your comments early enough to ensure that
Docket Management receives them not later than August 14, 2009.

ADDRESSES: Comments must refer to the docket notice number cited at the
beginning of this notice and be submitted to Docket Management, Room
W12-140, ground level, 1200 New Jersey Ave., SE., Washington, DC 20590
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery/Courier: 1200 New Jersey Avenue, SE., West
Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Telephone: 1-800-647-5527.
     Fax:<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. 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 below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
docketsinfo.dot.gov/.
    Docket: For access to the docket to read background documents or
comments received, go to the street address listed above. The internet
access to the docket will be at http://www.regulations.gov. Follow the
online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: Hisham Mohamed, Consumer Standards
Division, National Highway Traffic Safety Administration, 1200 New
Jersey Ave., SE., West Building, Room W43-437, NVS-131, Washington, DC
20590. Mr. Mohamed's telephone number is<PHONE_NUMBER>; E-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The agency's bumper standard, set forth at 49 CFR part 581,
establishes requirements for the impact resistance of vehicles in low
speed front and rear collisions. The purpose of the standard is to
reduce physical damage to the front and rear ends of a passenger motor
vehicle from low speed collisions. The standard applies to passenger
motor vehicles other than multipurpose passenger vehicles and low speed
vehicles.
    The history of the Part 581 bumper standard has been long and
complex. In its initial efforts in the field of bumper regulation,
NHTSA issued Federal

Motor Vehicle Safety Standard (FMVSS) No. 215, Exterior Protection,
under the National Traffic and Motor Vehicle Safety Act (the Safety
Act), now codified as 49 U.S.C. Chapter 301. FMVSS No. 215 was
initially implemented on September 1, 1972.
    On October 20, 1972, Congress enacted the Motor Vehicle Information
and Cost Savings Act (the Cost Savings Act). Title I of that Act, now
codified as 49 U.S.C. Chapter 325, provided for promulgation of bumper
standards to reduce the economic loss resulting from damage to
passenger motor vehicles involved in motor vehicle accidents. The
statute specifies that when prescribing a bumper standard, the agency
must design the standard to obtain the maximum feasible reduction of
costs to the public, considering the costs and benefits of carrying out
the standard; the effect of the standard on insurance costs and legal
fees and costs; savings in consumer time and inconvenience; and health
and safety, including emission standards. 49 U.S.C. 32502(d).
    Pursuant to both the authority of the Cost Savings Act and the
Safety Act, NHTSA established the Part 581 Bumper Standard in 1976. 41
RF 9346 (March 4, 1976). As adopted, this standard combined the safety
features of FMVSS 215 with new damage resistance criteria intended to
promote consumer cost savings. There have been a number of amendments
to the bumper standard since that time.
    NHTSA's bumper standard does not apply to vehicles classified as
trucks (because they are not passenger motor vehicles) or multipurpose
passenger vehicles (because they are a type of passenger motor vehicles
excluded by the agency when it established the bumper standard) the
category which includes vehicles commonly referred to as SUVs. The Cost
Savings Act specifically excludes trucks from any bumper standards and
allows the agency to exempt multipurpose passenger vehicles from bumper
standards. Both of these vehicle types could be regulated under the
authority of the Safety Act. Since trucks are excluded from bumper
standards under the Cost Saving Act, any bumper standard for these
vehicles would need to be issued solely on the criteria included in the
Safety Act.
    In the past NHTSA has denied petitions to extend the bumper
standard to trucks and multipurpose passenger vehicles. In August 1984,
the agency denied two petitions for rulemaking, asking the agency to
establish safety requirements for bumpers on vehicles other than
passenger cars (49 FR 34049, Aug. 28, 1984). The first petitioner
requested the agency to establish a bumper height requirement for all
vehicles. The second petitioner requested the agency to require rear
bumpers on pick-up trucks.
    NHTSA responded by stating that while it was conceivable that a
bumper height requirement for vehicles other than passenger cars could
result in some slight, non-quantifiable safety benefits relating to
unrepaired damage, the agency was unaware of any data indicating any
significant safety problem with bumpers (or lack of rear bumper) on
pick-up trucks, vans or utility vehicles, relating to mismatch
problems, crash energy management, or side impact intrusion. Neither
petitioner provided any such data.
    In its response, NHTSA also stated that in considering possible
rulemaking, the agency must consider both safety issues and whether a
proposed requirement would be reasonable, practicable and appropriate
for the particular type of motor vehicle or item of motor vehicle
equipment for which it is prescribed. This is specifically required by
the Safety Act.
    The agency concluded that establishing a bumper height requirement
for vehicles other than passenger cars or requiring rear bumpers on
pick-up trucks could significantly reduce the utility of the vehicle
types in question. At that time, the agency did not have data showing
that there was a safety problem that would justify rulemaking.
    In February 1991, the agency again denied a petition for rulemaking
regarding bumper heights for small trucks and SUVs (56 FR 7826, Feb.
26, 1991). The petitioner was concerned that these vehicles could
override the hood of passenger cars in crashes. In responding to the
petition, the agency noted that the bumper standard did not apply to
trucks or multipurpose passenger vehicles. NHTSA stated that it
believed it would be inappropriate to require bumpers of these vehicles
to be at the same height as those of passenger cars. The agency stated
that these types of vehicles require greater ground clearance than
passenger cars, to enable them to clear obstacles and hazards
characteristic of commercial and occasional off-road operation. The
agency stated that, for the same reason, requiring underride guards on
trucks and multipurpose passenger vehicles would be inappropriate. The
requirement recommended by the petitioner would have significantly
reduced the utility of the vehicle types in question. Therefore, the
agency believed that such a requirement would not be reasonable,
practicable or appropriate for these vehicle types.
    NHTSA also noted that while the agency recognized that many of
these other vehicles were manufactured with bumpers mounted somewhat
higher than passenger car bumpers, it did not have evidence of any
significant safety problems resulting from those differences.
Additionally, the agency analyzed data from the 1989 Fatal Accident
Reporting System (FARS) file \1\, a census of all fatal motor vehicle
crashes on U.S. roads. The analysis indicated that there were no
incidences of underride or override reported as a specific cause of the
car occupant fatality, and the agency stated it was unaware of any data
indicating a safety problem to be addressed by a rulemaking addressing
bumper heights of pickup trucks, vans or sport utility vehicles.
However, a review of the 2007 FARS data on ``Deaths among Occupants of
Passenger Cars with Underride or Override Reported'' shows that the
data includes 206 occupants who died in cars with underride or override
reported, including 34 in crashes that involved at least one light
truck or van. Thirteen of these fatalities occurred in two-vehicle
crashes. All 13 involved a pickup truck, and 10 involved front damage
to the car. The agency notes that although this data reflects that some
fatalities have involved occupants who died in cars with underride or
override reported, the data does not reflect the travel or crash speed
for these crashes. We note that the crash or travel speed for these
crashes could be above the speed requirements of the bumper standard.
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    \1\ The acronym ``FARS'' now stands for the ``Fatality Analysis
Reporting System.''
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The IIHS Petition

    In July 2008 the Insurance Institute for Highway Safety (IIHS)
petitioned NHTSA to extend the bumper standard to light trucks, vans,
and SUVs (collectively, LTVs). The IIHS stated that it is legal to sell
new LTVs in the United States without any bumpers, and this produces
several undesirable consequences. The IIHS stated that many LTVs
provide virtually no protection for vital safety-related parts such as
headlights and taillights, which often sustain damage in low-speed
collisions. The IIHS stated that LTVs owners have to pay for expensive
repairs to fenders, grilles, and other parts that sustain unnecessary
damage in low-speed collisions. Further, IIHS stated that vehicle
manufacturers which choose to equip their LTVs with bumpers do not have
to make them

compatible in height with passenger vehicle bumpers. IIHS stated that
LTV bumpers can be much higher than car bumpers, which results in
excessive damage to the passenger vehicles with which they collide at
low speeds.
    The IIHS also stated that crash test results and data from
insurance claims demonstrate the safety and property damage
consequences of allowing inadequate bumpers, or none at all, on LTVs.
The petitioner stated that by applying passenger vehicle bumper
requirements to LTVs, NHTSA would make bumpers more compatible across
the range of passenger vehicles. The petitioner also stated that this
would enhance occupant safety and, at the same time, reduce costly
damage to property in low-speed collisions, a subject which NHTSA and
the automotive industry are addressing in the broader issue of vehicle
compatibility. (Docket: NHTSA-2003-14623).
    We note that NHTSA had already begun re-evaluating the bumper
standard in anticipation of a vote on the Global Technical Regulation
(GTR) on pedestrian safety, (see notice at 73 FR 55201 for further
discussion of the GTR). The agency is also aware that there has been a
significant change in vehicle registration in the U.S. that has
resulted from an increased market shift to light trucks since the most
recent revision of the bumper standard in 1982. The IIHS petition on
its own does not provide sufficient support for the requested action,
but our evaluation leads us to think that it may be an appropriate time
to reconsider past agency decisions on extending the bumper standard to
other vehicles.
    NHTSA requests comments to assist the agency in deciding whether to
grant or deny the IIHS petition. To inform the agency's decision, the
following are key issues that the agency would like commenters to
address. In particular, the agency requests that commenters include
documents, studies, test protocols, data, or references which support
their comments.

Cost/Benefits

    (1) The petitioner reported that crash tests demonstrate that there
are bumper height mismatches between SUVs and passenger cars based on
four tested MY 2008 SUVs and five tested MY 2004 SUVs. The petitioner
reported that crash tests with greater bumper mismatches tend to
produce damage with higher repair costs. Are these results
representative of the current SUV fleet? Are the results likely to
reflect the future mix of SUVs? Are there any comparable data available
for other LTVs?
    (2) Are there any estimates of the costs and benefits of extending
the bumper standard to LTVs? Can these costs and benefits be estimated
separately for SUVs, minivans, and pickups? Can these costs and
benefits be estimated separately for unibody and body on frame SUVs,
and for different SUVs by size? Can these costs and benefits be
estimated separately for the front and rear bumpers? Also, what would
be the specific safety benefits of extending the bumper standard to
these vehicles (separate from other types of benefits)?
    (3) Should NHTSA consider a more-extensive upgrade to the bumper
standard for all light vehicles? Does the current standard adequately
protect passenger cars, given the current and projected mix of crash
partners? What are the estimated repair costs for vehicles with
matching and mismatching bumpers at various crash speeds (for example,
2.5 and 5 mph)? Can the benefits and costs be estimated separately for
the front and rear bumpers?
    (4) Over the past decades, the passenger vehicle fleet has shifted
from a fleet containing primarily cars to a fleet with a much higher
percentage of light trucks. FHWA data show that growth in total miles
driven by ``Two-axle, four-tire trucks,'' a category that includes most
or all light trucks used as passenger vehicles, averaged 5.1% annually
from 1985 through 2005.\2\
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    \2\ Docket No. NHTSA-2008-0089.
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    While the future mix of the fleet is uncertain, the agency seeks
comment and data on the current usage patterns for light trucks. Since
past agency decisions have focused on the utility of these vehicles,
are there any data that provide the current usage patterns of light
trucks? Are there vehicle features that distinguish light trucks which
are primarily work vehicles from those that are used primarily as
passenger vehicles?
    (5) For an LTV, what is the probability of being involved in low
speed crashes over the vehicle's lifetime? And what is the difference
in repair and inconvenience costs for matching and mismatching vehicle
bumpers? Also what is the frequency of vehicle crashes at various low
speed impacts (for example, 2.5, 5, 7.5 and 10 mph)? Please provide
data.

Vehicle Compatibility

    Bumper mismatch represents one aspect of the broader issue of
vehicle compatibility being addressed by NHTSA and the automotive
industry. NHTSA is addressing self-protection in the near-term through
improved side impact protection. On September 11, 2007 (72 FR 51908),
the agency published a final rule upgrading the requirements of FMVSS
No. 214, ``Side impact protection,'' to assure head and improved chest
protection in side crashes. It will lead to the installation of new
technologies such as side curtain air bags, which are capable of
improving head and thorax protection to occupants of vehicles that
crash into poles and trees and vehicles that are laterally struck by a
higher-riding vehicle.
    To improve partner protection for occupants in struck vehicles,
NHTSA has conducted research enabling the effect of matching height of
the frontal structures and stiffness. NHTSA is also pursuing refinement
of its data collection to enhance the better understanding of the fleet
geometry during crashes.
    In addition to NHTSA's initiatives, the automobile industry has
developed and committed to a set of voluntary design guidelines and
performance criteria for enhancing vehicle-to-vehicle compatibility.
One of the requirement options is for the light truck's primary frontal
energy absorbing structure to geometrically overlap at least 50 percent
of the zone established by NHTSA in its bumper standard (49 CFR part
581) for passenger cars. An alternative to this option is for a
secondary structure to have a lower edge no higher than the bottom of
the Part 581 bumper zone. By September 1, 2009, 100 percent of
participating manufacturers' new light truck production intended for
sale in the United States must comply with one of these approaches.
    (6) IIHS reported that Ford has reduced the bumper height mismatch
for one of its popular SUVs without compromising vehicle function on
loading ramps and off-road. What data are available to support this
statement? How have the design changes on this vehicle changed its
approach and departure angles? What were the trade-offs, if any, in
reducing the bumper-height mismatch for this vehicle? Would there be
problems in redesigning other LTVs to comply with the bumper standard
and what would these problems be? What will be the cost of redesigning
LTVs to comply with the bumper standard?
    (7) What data are available to indicate any significant safety
problem with bumpers (or lack of rear bumper) on pick-up trucks, vans
or utility vehicles, relating to mismatch problems, crash energy
management, or side impact intrusion?

    (8) How much overlap in bumper height is needed between the front
of one vehicle and the rear of another vehicle to eliminate or reduce
bumper mismatch?
    (9) Is there a way to define vehicle characteristics that require a
higher bumper, such that some LTVs could be exempt from a bumper height
standard, while others would be required to supply bumpers of certain
heights?
    (10) Please provide data to support incidences of underride or
override reported as a specific cause of vehicle occupant injury or
fatality. What is the availability of data indicating a safety problem
that could have been addressed by a rulemaking addressing bumper
heights of pickup trucks, vans or sport utility vehicles? Please
provide specific details.
    (11) To what extent does the U.S. fleet of LTVs meet the bumper
standard requirements? What are the bumper costs, weights and heights
(i.e. measurements of the bumper structural element from the ground) of
the different types of LTVs in the U.S. fleet?

Pedestrian Safety

    (12) Ongoing work on the pedestrian safety GTR has shown that
changes in the vehicle geometry can have a profound effect on
pedestrian leg injuries when struck by the front bumper. Any decision
to change the bumper standard should therefore consider, if not
provide, an in-depth analysis of pedestrian injuries and fatalities
related to the bumper standard. Are there any analyses on the effect of
vehicle frontal geometry changes on pedestrian safety that could happen
as a result if LTVs were required to comply with the existing bumper
standard? Please provide information on these analyses.
    (13) What impact would a change to the bumper standard have on the
potential for manufacturers to also meet the pedestrian safety GTR
requirements? Please provide information on that data.

New Technologies

    (14) Vehicle height could be adjusted for on or off-road usage, for
example, by using air suspension. Recent development in materials and
designs has helped introduce height adjustable suspension on some SUVs.
What is the available data on the feasibility, costs and benefits of
using vehicle height adjustment technologies to comply with a
requirement for these vehicles to meet the current bumper standard? Are
there any data on the extent to which SUVs operated on the public roads
have their height adjusted to on-road position? Please provide
information on these data.

Statutory Criteria

    (15) As noted earlier, since trucks are excluded from bumper
standards under the Cost Savings Act, any bumper standards for these
vehicles would need to meet the criteria in the Safety Act. The current
bumper standard was developed under the criteria of the Cost Savings
Act. Could a straight forward extension of the bumper standard to
trucks be justified under the criteria of the Safety Act alone? If so,
how? If not, why not?

Public Participation

A. How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
    Your primary comments must not be more than 15 pages long. (49 CFR
553.21). However, you may attach additional documents to your primary
comments. There is no limit on the length of the attachments.
    Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
    Comments may also be submitted to the docket electronically on the
Federal eRulemaking Portal at http://www.regulations.gov. Follow the
online instructions for submitting comments.

B. How can I be sure my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

C. How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, send three copies of your complete submission,
including the information you claim to be confidential business
information, to the Chief Counsel, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Include a cover letter supplying the information specified in our
confidential business information regulation (49 CFR part 512).
    In addition, send two copies from which you have deleted the
claimed confidential business information to Docket Management at the
address given above under ADDRESSES, or submit them electronically
through the Federal eRulemaking Portal at http://www.regulations.gov.

D. Will the agency consider late comments?

    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.

E. How can I read the comments submitted by other people?

    You may read the comments received by the Docket Management at the
address given under ADDRESSES. The hours of the Docket are indicated
above in the same location. To read the comments on the Internet, go to
http: //www.regulations.gov. Follow the online instructions for
accessing the docket.
    Please note that even after the comment closing date, we will
continue to file relevant information on the docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the docket for new material.

    Authority: 49 U.S.C. 32502; 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.

    Issued on: June 4, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9-13531 Filed 6-12-09; 8:45 am]

BILLING CODE 4910-59-P


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Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 3M Magnetic Tape Manufacturin905  915 Adam Street S. Hutchinson MN 55350 McLeod 44 52 49 94 21 32 3695; 2672 334613; 32222 Total 3M Eastman Kodak Co.  Kodak Par1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Eastman Kodak Co.  Kodak Par1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Eastman Kodak Co.  Kodak Par1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Eastman Kodak Co.  Kodak Par1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Eastman Kodak Co.  Kodak Par1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Total Eastman Kodak Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Page 2 Facility name Address City State Zip County Latitude Longitude SIC code NAICS code Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Imation Enterprises Corp. 2700 East Frontage RoadWeatherford OK 73096 Custer 35 31 15 98 41 01 3695 334613 Total Imation Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Sony Magnetics Products Inc. of4275 W. Main Street Dothan AL 36305 Houston 31 13 00 85 27 30 3695 334613 Total Sony Page 3 Facility name Address City State Zip County Latitude Longitude SIC code NAICS code Total Industry Page 4 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc. Mag tape products Equipment Emission type Control devices Audio, video, and datatape Stack 1  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 1 Audio, video, and datatape Stack 1  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 1 Audio, video, and datatape Stack 2  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 2 Audio, video, and datatape Stack 2  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 2 Audio, video, and datatape Stack 3  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 3 Audio, video, and datatape Stack 3  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 3 Audio, video, and datatape Stack 4  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 4 Audio, video, and datatape Stack 4  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 4 Audio, video, and datatape Stack 5  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 5 Audio, video, and datatape Stack 5  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 5 Audio, video, and datatape Stack 6  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 6 Audio, video, and datatape Stack 6  storage tanks, mix tanks, coating lines, Stack Carbon adsorber 6 Audio, video, and datatape Emission unit 014 Stack Audio, video, and datatape Emission unit 104121 Stack Audio, video, and datatape Plant 1  coating lines Fugitive None Audio, video, and datatape Plant 1  coating lines Fugitive None Audio, video, and datatape Plant 1  ovens Fugitive None Audio, video, and datatape Plant 1  ovens Fugitive None Audio, video, and datatape Plant 1  mix prep area Fugitive None Audio, video, and datatape Plant 1  mix prep area Fugitive None Audio, video, and datatape Plant 1  mix prep area Fugitive None Audio, video, and datatape Plant 2  coating line 1 Fugitive None Audio, video, and datatape Plant 2  coating line 1 Fugitive None Audio, video, and datatape Plant 2  coating line 2 Fugitive None Audio, video, and datatape Plant 2  coating line 2 Fugitive None Audio, video, and datatape Plant 2  ovens Fugitive None Audio, video, and datatape Plant 2  ovens Fugitive None Audio, video, and datatape Plant 2  mix prep area Fugitive None Audio, video, and datatape Plant 2  mix prep area Fugitive None Audio, video, and datatape Plant 2  mix prep area Fugitive None Audio, video, and datatape R& D bldg  coating line 1 Fugitive None Audio, video, and datatape R& D bldg  coating line 1 Fugitive None Audio, video, and datatape R& D bldg  coating line 2 Fugitive None Audio, video, and datatape R& D bldg  coating line 2 Fugitive None Audio, video, and datatape R& D bldg  oven 1 Fugitive None Audio, video, and datatape R& D bldg  oven 1 Fugitive None Audio, video, and datatape R& D bldg  oven 2 Fugitive None Audio, video, and datatape R& D bldg  oven 2 Fugitive None Page 5 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Total Quantegy JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

Total JVC 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin Total 3M Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Total Eastman Kodak Imation Enterprises Corp.

Imation Enterprises Corp. Mag tape products Equipment Emission type Control devices Audio, video, and datatape R& D bldg  mix prep area Fugitive None Audio, video, and datatape R& D bldg  mix prep area Fugitive None Audio, video, and datatape R& D bldg  mix prep area Fugitive None Audio and videotape Area 1  mixing room Fugitive Condenser Audio and videotape Area 1  mixing room Fugitive Condenser Audio and videotape Area 2  coating and rewind room Fugitive Condenser Audio and videotape Area 2  coating and rewind room Fugitive Condenser Audio and videotape Area 3  coating cleanroom Fugitive Condenser Audio and videotape Area 3  coating cleanroom Fugitive Condenser Audio and videotape Area 4  K room Fugitive Condenser Audio and videotape Area 4  K room Fugitive Condenser Audio and videotape Stack Audio and videotape Fugitive Audio and videotape Stack Audio and videotape Stack Audio and videotape Stack Audio and videotape Fugitive Audio and videotape Stack Audio and videotape Stack Audio and videotape Fugitive Audio and videotape Stack Audio and videotape Stack Audio and videotape Fugitive Audio and videotape Stack Audio and videotape Fugitive Audio and videotape Stack Audio and videotape Stack Advantix film Source A  coater Stack RTO with caustic scr Advantix film Source A  coater Stack RTO with caustic scr Advantix film Source B  mix prep area Stack Fabric filter with non Advantix film Source B  mix prep area Stack Fabric filter with non Advantix film Source C  mix prep area Stack Fabric filter Diskettes, datatape Emission unit 1  miscellaneous Stack Thermal oxidizer Diskettes, datatape Emission unit 1  miscellaneous Stack Thermal oxidizer Page 6 Facility name Quantegy Inc.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Total Imation Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Total Sony Mag tape products Equipment Emission type Control devices Diskettes, datatape Emission unit 4A  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 4A  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 4A  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 4B  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 4B  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 4B  coater, curing ovens, mix/ pumStack Thermal oxidizer Diskettes, datatape Emission unit 3  mixing Fugitive Audio, video, and datatape Advanced metal evaporation process: ME plant Audio, video, and datatape Control equipment Fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Conventional process: P 1 plant Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Coating line Fugitive Audio, video, and datatape Coating line Fugitive Audio, video, and datatape Oven Fugitive Audio, video, and datatape Oven Fugitive Audio, video, and datatape Control equipment Stack/ fugitive Audio, video, and datatape Control equipment Stack/ fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Conventional process: P 2 plant Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Mixing room Fugitive Audio, video, and datatape Coating line Fugitive Audio, video, and datatape Coating line Fugitive Audio, video, and datatape Oven Fugitive Audio, video, and datatape Oven Fugitive Audio, video, and datatape Control equipment Stack/ fugitive Audio, video, and datatape Control equipment Stack/ fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Misc. fugitives Fugitive Audio, video, and datatape Misc. fugitives Fugitive Page 7 Facility name Quantegy Inc.

Total Industry Mag tape products Equipment Emission type Control devices Page 8 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc. Pollutant Emissions,

tpy Emissions,

lb/ yr Stack diameter, ft Stack flowrate,

ft3/ s Stack height, ft Stack velocity,

ft/ s Stack temperature,

deg F Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Toluene 0.8 1,647 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.2 2,461 2.7 1479 17 4.3 100 Methyl ethyl ketone 1.0 2,000 1.5 42 25 0.4 120 Cobalt 0.0025 5.0 2.9 263 52 0.7 217 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Cobalt 0.0008 1.7 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Cobalt 0.0008 1.7 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Page 9 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Total Quantegy JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

Total JVC 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin Total 3M Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Total Eastman Kodak Imation Enterprises Corp.

Imation Enterprises Corp. Pollutant Emissions,

tpy Emissions,

lb/ yr Stack diameter, ft Stack flowrate,

ft3/ s Stack height, ft Stack velocity,

ft/ s Stack temperature,

deg F Toluene 1.2 2,384 Methyl ethyl ketone 1.8 3,559 Cobalt 0.0008 1.7 49 97,971 Toluene 27 54,880 Methyl ethyl ketone 42 83,729 Toluene 24 47,196 Methyl ethyl ketone 36 72,007 Toluene 2.7 5,488 Methyl ethyl ketone 4.2 8,373 Toluene 1.1 2,195 Methyl ethyl ketone 1.7 3,349 139 277,217 Acrylic acid 2.1 4,200 Acrylic acid 0.1 240 Ethyl benzene 0.05 90 Ethylene glycol 0.007 14 n Hexane 2.6 5,100 n Hexane 0.05 90 Methanol 12 23,400 MEK 24 48,000 MEK 15 29,400 MIBK 0.2 300 Toluene 21 42,000 Toluene 5.1 10,200 Xylenes 0.2 300 Xylenes 0.02 39 Antimony 0.003 6.3 Lead compounds 0.004 7.2 82 163,386 Methyl ethyl ketone 1.217112922 2,434 12 169,697 100 25 100 Toluene 3.032887078 6,066 12 169,697 100 25 100 Hydrogen chloride 0.035 70 0.5 30 73 2.5 ambient Cobalt 0.0000005 0.001 0.5 30 73 2.5 ambient Cobalt 0.000001 0.002 1.25 3,700 74 50 ambient 4.3 8,570 Methyl ethyl ketone 0.005 10 3.5 30,000 30 52 400 Acrylonitrile 0.004 8 3.5 30,000 30 52 400 Page 10 Facility name Quantegy Inc.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Total Imation Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Total Sony Pollutant Emissions,

tpy Emissions,

lb/ yr Stack diameter, ft Stack flowrate,

ft3/ s Stack height, ft Stack velocity,

ft/ s Stack temperature,

deg F Toluene 0.2 390 3.5 30,000 30 52 400 Methanol 0.01 20 3.5 30,000 30 52 400 Methyl ethyl ketone 2.7 5,420 3.5 30,000 30 52 400 Toluene 0.2 390 3.5 30,000 30 52 400 Methanol 0.01 20 3.5 30,000 30 52 400 Methyl ethyl ketone 2.7 5,420 3.5 30,000 30 52 400 Methyl ethyl ketone 0.004 8 5.8 11,686 Cobalt 0.07 145 Cobalt 0.2 435 Cobalt compounds 0.002 3.0 4x4 2,167 50 135 Methyl ethyl ketone 19 37,530 4x4 2,167 50 135 Toluene 4.5 9,090 4x4 2,167 50 135 Methyl ethyl ketone 28 56,295 4x4 2,167 50 135 Toluene 6.8 13,635 4x4 2,167 50 135 Methyl ethyl ketone 33 65,678 4x4 2,167 50 135 Toluene 8.0 15,908 4x4 2,167 50 135 Methyl ethyl ketone 5.9 11,823 4x4 2,167 50 135 Toluene 1.4 2,873 4x4 2,167 50 135 Cobalt compounds 0.0004 0.75 4x4 2,167 50 135 Methyl ethyl ketone 9.4 18,765 4x4 2,167 50 135 Toluene 2.3 4,545 4x4 2,167 50 135 Cobalt compounds 0.002 3.0 4x4 2,500 50 156 Methyl ethyl ketone 19 37,530 4x4 2,500 50 156 Toluene 4.5 9,090 4x4 2,500 50 156 Methyl ethyl ketone 28 56,295 4x4 2,500 50 156 Toluene 6.8 13,635 4x4 2,500 50 156 Methyl ethyl ketone 32.8 65,678 4x4 2,500 50 156 Toluene 8.0 15,908 4x4 2,500 50 156 Methyl ethyl ketone 5.9 11,823 4x4 2,500 50 156 Toluene 1.4 2,873 4x4 2,500 50 156 Cobalt compounds 0.0004 0.75 4x4 2,500 50 156 Methyl ethyl ketone 9.4 18,765 4x4 2,500 50 156 Toluene 2.3 4,545 4x4 2,500 50 156 236 472,868 Page 11 Facility name Quantegy Inc.

Total Industry Pollutant Emissions,

tpy Emissions,

lb/ yr Stack diameter, ft Stack flowrate,

ft3/ s Stack height, ft Stack velocity,

ft/ s Stack temperature,

deg F 516 1,031,698 Page 12 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Quantegy Inc. Building volume, ft3 Operating hr/ yr Notes 6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Estimated emissions assuming equal fraction of emissions through each adsorber.

6,257 Data from 1999 NEI; used operating hours from facility.

6,257 Data from 1999 NEI; used operating hours from facility.

4,312 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 4,312 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 33,750 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 33,750 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 171,110 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 171,110 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 171,110 8,760 Estimated emissions assuming equal fraction of emissions through each mix prep area 878 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 878 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 1,440 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 1,440 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 165,835 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 165,835 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 415,538 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 415,538 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 415,538 8,760 Estimated emissions assuming equal fraction of emissions through each mix prep area 619 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 619 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 2,475 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 2,475 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 14,850 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 14,850 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 7,475 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin 7,475 6,257 Estimated emissions assuming equal fraction of emissions through each emission poin Page 13 Facility name Quantegy Inc.

Quantegy Inc.

Quantegy Inc.

Total Quantegy JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

JVC Magnetics America Co.

Total JVC 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin 3M Magnetic Tape Manufacturin Total 3M Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Eastman Kodak Co.  Kodak Par Total Eastman Kodak Imation Enterprises Corp.

Imation Enterprises Corp. Building volume, ft3 Operating hr/ yr Notes 53,035 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 53,035 8,760 Estimated emissions assuming equal fraction of emissions through each emission poin 53,035 8,760 Estimated emissions assuming equal fraction of emissions through each mix prep area 290,133 8,760 Estimated to emit 50% of fugitive toluene emissions; assume 24 hr/ d, 7 d/ wk.

290,133 8,760 Estimated to emit 50% of fugitive MEK emissions; assume 24 hr/ d, 7 d/ wk.

283,729 8,760 Estimated to emit 43% of fugitive toluene emissions; assume 24 hr/ d, 7 d/ wk.

283,729 8,760 Estimated to emit 43% of fugitive MEK emissions; assume 24 hr/ d, 7 d/ wk.

253,760 8,760 Estimated to emit 5% of fugitive toluene emissions; assume 24 hr/ d, 7 d/ wk.

253,760 8,760 Estimated to emit 5% of fugitive MEK emissions; assume 24 hr/ d, 7 d/ wk.

54,080 8,760 Estimated to emit 2% of fugitive toluene emissions; assume 24 hr/ d, 7 d/ wk.

54,080 8,760 Estimated to emit 2% of fugitive MEK emissions; assume 24 hr/ d, 7 d/ wk.

8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 8,760 Estimated emissions by applying 30% factor to 2000 TRI emissions; assume 24 hr/ d, 7 3,000 Estimated emissions by applying ratio of MEK and toluene emissions from 2000 TRI to 3,000 Estimated emissions by applying ratio of MEK and toluene emissions from 2000 TRI to 630 Estimated emissions by applying ratio of MEK and toluene emissions from 2000 TRI to 630 Estimated emissions by applying ratio of MEK and toluene emissions from 2000 TRI to 630 Estimated emissions by applying ratio of MEK and toluene emissions from 2000 TRI to 6,240 Data from 1999 NEI; assumed same stack parameters as process units 4A & B.

6,240 Data from 1999 NEI; assumed same stack parameters as process units 4A & B.

Page 14 Facility name Quantegy Inc.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Imation Enterprises Corp.

Total Imation Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Sony Magnetics Products Inc. of Total Sony Building volume, ft3 Operating hr/ yr Notes 6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI.

6,240 Data from 1999 NEI; default stack parameters in NEI not useful for fugitives modeling.

75,000 8,736 Estimated to emit 25% of cobalt emissions ( total cobalt emissions = 0.29 tpy for 2000)

75,000 8,736 Estimated to emit 75% of cobalt emissions ( total cobalt emissions = 0.29 tpy for 2000)

600,000 8,736 Estimated to emit 40% of cobalt compound emissions 600,000 8,736 Estimated to emit 10% of MEK emissions 600,000 8,736 Estimated to emit 10% of toluene emissions 600,000 8,736 Estimated to emit 15% of MEK emissions 600,000 8,736 Estimated to emit 15% of toluene emissions 600,000 8,736 Estimated to emit 17.5% of MEK emissions 600,000 8,736 Estimated to emit 17.5% of toluene emissions 600,000 8,736 Estimated to emit 2.5% of MEK emissions; added 50% of stack MEK emissions 600,000 8,736 Estimated to emit 2.5% of toluene emissions; added 50% of stack toluene emissions 600,000 8,736 Estimated to emit 10% of cobalt compound emissions 600,000 8,736 Estimated to emit 5% of MEK emissions 600,000 8,736 Estimated to emit 5% of toluene emissions 600,000 8,736 Estimated to emit 40% of cobalt compound emissions 600,000 8,736 Estimated to emit 10% of MEK emissions 600,000 8,736 Estimated to emit 10% of toluene emissions 600,000 8,736 Estimated to emit 15% of MEK emissions 600,000 8,736 Estimated to emit 15% of toluene emissions 600,000 8,736 Estimated to emit 17.5% of MEK emissions 600,000 8,736 Estimated to emit 17.5% of toluene emissions 600,000 8,736 Estimated to emit 2.5% of MEK emissions; added 50% of stack MEK emissions 600,000 8,736 Estimated to emit 2.5% of toluene emissions; added 50% of stack toluene emissions 600,000 8,736 Estimated to emit 10% of cobalt compound emissions 600,000 8,736 Estimated to emit 5% of MEK emissions 600,000 8,736 Estimated to emit 5% of toluene emissions Page 15 Facility name Quantegy Inc.

Total Industry Building volume, ft3 Operating hr/ yr Notes Page 16


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Pages 71846-71848]
[FR Doc No: 2012-29216]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68306; File No. SR-NYSEMKT-2012-68]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Its Rules To
Delete Obsolete and Out-Dated Rules

November 28, 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 November 14, 2012, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its rules to delete obsolete and
out-dated rules. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its rules to delete obsolete and
out-dated rules. By removing these obsolete and out-dated rules, the
Exchange is not proposing to change or alter any obligations, rights,
policies or practices enumerated within its rules. Rather, the proposal
to delete obsolete and out-dated rules will reduce any potential
confusion that may result from having obsolete rules continue to appear
in the Exchange's rulebook.
    As part of its review to identify obsolete and out-dated rules, the
Exchange proposes to delete rules that relate to trading systems that
have since been decommissioned by the Exchange and rules that were
superseded by later-implemented rules governing the same conduct or
circumstances. In particular, the proposed rule changes relate to
Exchange rules that previously governed equity trading at the Exchange.
Background
    In September 2008, NYSE Euronext acquired the American Stock
Exchange LLC (``Amex'').\5\ As part of the integration of the
companies, in December 2008, the Exchange relocated trading in its
listed equity securities from Amex's trading floor located at 86
Trinity Place in New York to the New York Stock Exchange's (``NYSE'')
trading floor located at 11 Wall Street, and adapted the NYSE equities
trading platform to trade those securities. The Exchange also adopted
equity trading rules for NYSE MKT based on the NYSE's equities trading
rules.\6\ By their terms, the Exchange's new equities trading rules
superseded the AEMI rules (and certain other Amex rules that were

inconsistent with the new rules) for all trading in Exchange-listed
equity securities.\7\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-Amex-2008-62 and SR-NYSE-
2008-60).
    \6\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (Order
Granting Approval of Proposed Rule Change to Establish New
Membership, Member Firm Conduct, and Equity Trading Rules Following
the Exchange's Acquisition by NYSE Euronext).
    \7\ See NYSE MKT Rule 0(b) and NYSE MKT Rule 0--Equities.
---------------------------------------------------------------------------

    Specifically, pursuant to Rule 0(b), all transactions conducted on
or through the systems and facilities of the NYSE are governed by the
Equities Rules in accordance with Rule 0-Equities. Rule 0-Equities
further provides that the Equities Rules govern all transactions
conducted on the Equities Trading System, i.e., the systems operated by
the NYSE.
Proposed Rule Deletions
    The following identifies by category the legacy Amex, now NYSE MKT
Rules that can be deleted in their entirety as obsolete and out-dated:
AEMI Rules
    Many of the rules being proposed for deletion relate to the
``Auction & Electronic Market Integration'' (``AEMI'') platform, which
Amex operated from September 2006 to November 2008 for trading of
listed equity securities. The so-called AEMI rules were adopted in
September 2006 in conjunction with the rollout of the AEMI trading
system.\8\ As noted in Rule 0(a), the AEMI rules governed trading on
the systems formerly located at 86 Trinity Place, which are no longer
operating. NYSE MKT is now proposing to delete the AEMI rules on the
basis that the system that they govern is no longer operative.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 54552 (Sept. 29,
2006), 71 FR 59546 (Oct. 10, 2006) (SR-Amex-2005-104).
    \9\ See NYSE MKT Rules 1-AEMI through 719-AEMI and AEMI-One
Rules.
    Although the Exchange is proposing to delete most of the AEMI
rules, it is retaining certain rules that contain definitions that
are relevant to current listing and trading in Portfolio Depository
Receipts (Rule 1000-AEMI); Index Fund Shares (Rule 1000A-AEMI);
Rules of General Applicability (relating to trading of Trust Issued
Receipts) (Rule 1200-AEMI); Commodity-Based Trust Shares (Rule
1200A-AEMI); Currency Trust Shares (Rule 1200B-AEMI); and Trading of
Partnership Units (Rule 1500-AEMI). The Exchange intends to review
the placement of these rules, and their possible relocation, in a
subsequent phase of its rule review project. In addition, the
Exchange is not proposing to delete NYSE MKT Rule 910--AEMI until
such time that the Amex Company Guide is similarly updated to
reflect the appropriate cross reference.
---------------------------------------------------------------------------

Rules That Were Superseded by Aemi but never deleted
    The AEMI system was rolled out in phases starting in 2006. Although
the AEMI rules were intended to supersede the Amex's then-existing
equities trading rules, certain of those equities trading rules were
left in place pending the completion of the AEMI rollout, and upon
completion, were to have been deleted via a rule filing with the
Commission.\10\ To the best of the Exchange's knowledge, that filing
was never made. Because of the provision in the AEMI rules making those
rules definitively obsolete, the adoption of new equities trading rules
in December 2008, and the fact that those rules are no longer
consistent with current Exchange systems, the Exchange proposes to
delete those enumerated rules now in order to avoid any confusion
within the rulebook.\11\ For example, NYSE MKT Rule 100 is now
addressed in NYSE MKT Rule 51- Equities (for equities trading) and NYSE
MKT Rule 901NY (for options trading). As another example, NYSE MKT Rule
108, which governs priority and parity at openings for equities
trading, is now governed by NYSE MKT Rules 72--Equities and 115A--
Equities. In summary, the rules being deleted are now all covered in
the equities rules that govern trading at the Exchange.\12\
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    \10\ See Section (e) of NYSE MKT Rule 1A-AEMI.
    \11\ See NYSE MKT Rules 100, 108, 109, 110, 112, 115, 118, 119,
123, 124, 126, 127, 131, 131A, 132, 135, 135A, 151, 152, 153, 154,
155, 156, 157, 178, 179, 200, 205, 206 and 207.
    \12\ See supra, notes 6 and 7.
---------------------------------------------------------------------------

Equities Trading Rules That Are Superseded by Later-Adopted Trading
Rules
    As noted above, in connection with its integration into NYSE
Euronext, the Exchange adopted new equities trading rules based on the
NYSE equities trading rules. Because the rules were adopted while NYSE
MKT continued to operate at the 86 Trinity Place location, the Exchange
did not simultaneously delete previous rules that were being superseded
by the new equities trading rules. Instead, the Exchange adopted Rule
0- Equities, which explained that the new rules superseded any of the
old rules that were inconsistent. For the sake of clarity, the Exchange
now proposes to delete the former Amex equities trading rules that,
pursuant to Rule 0-Equities are now superseded by the equities
rules.\13\
---------------------------------------------------------------------------

    \13\ See NYSE MKT Rules 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17,
18, 19, 20, 23, 25, 26, 27, 28, 29, 30A, 60, 62, 63, 101, 102, 103,
104, 105, 106, 107, 111, 114, 116, 117, 117A, 119A, 120, 121, 122,
125, 128, 129, 130, 133, 134, 136, 140, 150, 153A, 176, 177, 180,
181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193,
201, 202, 203, 204 and 208.
---------------------------------------------------------------------------

After-Hours Trading Rules
    Since the integration of the Exchange into NYSE Euronext, the
Exchange has conducted its after-hours trading through the NYSE's
trading systems, and consequently adopted a version of the NYSE's
after-hours trading rules.\14\ Because the Exchange has adopted
superseding rules for after-hours trading, the Exchange proposes to
delete the prior set of rules relating to after-hours trading.\15\
---------------------------------------------------------------------------

    \14\ See NYSE MKT Rules 900-Equities--907-Equities.
    \15\ See NYSE MKT Rules 1300 through 1306.
---------------------------------------------------------------------------

Cross-References
    The Exchange is also proposing to amend those rules that cross-
reference rules that are being deleted pursuant to this filing.\16\
---------------------------------------------------------------------------

    \16\ See NYSE MKT Rules 905G and Commentary .02 to 906.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\17\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\18\ in particular, in that, by deleting obsolete
and out-dated rules, it promotes just and equitable principles of
trade, removes impediments to and perfects the mechanism of a free and
open market and a national market system, and, in general, helps to
protect investors and the public interest by providing transparency as
to which rules are operable and reducing potential confusion that may
result from having obsolete or out-dated rules in the Exchange's
rulebook. The Exchange further believes that the proposal removes
impediments to and perfects the mechanism of a free and open market by
ensuring that members, regulators and the public can more easily
navigate the Exchange's rulebook and better understand what obligations
attach and when.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)
    \18\ 15 U.S.C. 78f(b)(5)
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule does not (i) Significantly
affect the protection of investors or the public

interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, provided that the
self-regulatory organization has given the Commission written notice of
its intent to file 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 proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \19\ and
Rule 19b-4(f)(6) thereunder.\20\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2012-68 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-NYSEMKT-2012-68. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2012-68 and should
be submitted on or before December 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 C.F.R. 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29216 Filed 12-3-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67042-67046]
[FR Doc No: 2021-25683]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-3-000]

Commission Information Collection Activities (FERC Form Nos. 1,
1T, 1-F, 1-FT, 3-Q, and 3-QT); Comment Request; Extensions

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
information collections, FERC Form Nos. 1 and 1T (Annual Report of
Major Electric Utilities, Licensees, and Others), 1-F and 1-FT (Annual
Report for Nonmajor Public Utilities and Licensees), and 3-Q and 3-QT
(Quarterly Financial Report of Electric Utilities, Licensees, and
Natural Gas Companies).

DATES: Comments on the collections of information are due January 24,
2022.

ADDRESSES: You may submit comments (identified by Docket No. IC22-3-000
and the form) by either of the following methods:
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service only, addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email

at [email protected], and telephone at<PHONE_NUMBER>.
---------------------------------------------------------------------------

    \1\ Due to expiration dates in 2019 for many of the Commission's
financial forms, the renewal work for several of the forms was in
process or pending at OMB during the 2019 Forms Refresh rulemaking
effort in Docket No. RM19-12-000. The simultaneous OMB Paperwork
Reduction Act processes required the assignment of alternate
temporary information collection numbers (``T'') for some
collections at the proposed and/or final rule stages. Accordingly,
FERC Form Nos. 1T, 1-FT, and 3-QT represent the additional burden
associated with the final rule in RM19-12-000. Revisions to the
Filing Process for Comm'n Forms, Order No. 859, 167 FERC ] 61,241
(2019).

SUPPLEMENTARY INFORMATION:\1\

    Type of Request: Three-year extensions of FERC Form Nos. 1, 1T, 1-
F, 1-FT, 3-Q, and 3Q-T with no changes to the current reporting
requirements.\2\
---------------------------------------------------------------------------

    \2\ For purposes of this notice, unless otherwise stated, FERC
Form Nos. 1 and 1T are collectively referred to as ``FERC Form No.
1,'' FERC Form Nos. 1-F and 1-FT are collectively referred to as
``FERC Form No. 1-F,'' and FERC Form Nos. 3-Q (electric and natural
gas) and 3-QT (electric and natural gas) are collectively referred
to as ``FERC Form No. 3-Q.'' Because this renewal will incorporate
the requirements and burden represented by the 1T, 1-FT, and 3-QT
into FERC Form Nos. 1, 1-F, and 3-Q, respectively, it is anticipated
that the Commission will eventually seek to retire the 1T, 1-FT, and
3-QT as duplicative.
---------------------------------------------------------------------------

FERC Form No. 1, Annual Report of Major Electric Utilities, Licensees,
and Others

    OMB Control Nos. and Titles: 1902-0021 (FERC Form No. 1, Annual
Report of Major Electric Utilities, Licensees, and Others) and 1902-
0311 (FERC Form No. 1T, Annual Report of Major Electric Utilities,
Licensees and Others--Modifications to Form 1 due to Final Rule in
Docket No. RM19-12-000).
    Abstract:

FERC Form No. 1, Annual Report of Major Electric Utilities, Licensees,
and Others

    FERC Form No. 1 is a comprehensive financial and operating report
submitted annually for electric rate regulation, market oversight
analysis, and financial audits by major electric utilities, licensees,
and others. Major is defined as having in each of the last three
consecutive calendar years, sales or transmission services that exceed
one of the following: (1) One million megawatt-hours of total sales;
(2) 100 megawatt-hours of sales for resale; (3) 500 megawatt-hours of
power exchanges delivered; or (4) 500 megawatt-hours of wheeling for
others (deliveries plus losses).\3\
---------------------------------------------------------------------------

    \3\ As detailed in 18 CFR 101 (Uniform System of Accounts
Prescribed for Public Utilities and Licensees Subject to the
Provision of the Federal Power Act, General Instructions) and 18 CFR
141.1.
---------------------------------------------------------------------------

    FERC Form No. 1 is designed to collect financial and operational
information and is made available to the public. FERC Form No. 1
includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Income,
     Statement of Retained Earnings,
     Statement of Cash Flows,
     Statements of Accumulated Comprehensive Income,
     Comprehensive Income, and Hedging Activities, and
     Notes to Financial Statements.

    Supporting schedules contain:

     Supplementary information and outlines of corporate
structure and governance,
     Information on formula rates, and
     Description of important changes during the year.
    Other schedules provide:
     Information on revenues and the related quantities of
electric sales and electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data, and
     Other statistical information.

XBRL, Order No. 859, and FERC Form No. 1

    Previously, FERC Form No. 1 filers would transmit the information
in the form to the Commission using a software application called
Visual FoxPro (VFP). This application is no longer supported by its
developer, Microsoft Corporation. As a result, in April 2015, the
Commission issued an order announcing its intention to replace the VFP
filing format for certain Commission forms (including FERC Form No. 1)
with an eXtensible Markup Language (XML)-based filing format. On June
20, 2019, the Commission issued Order No. 859, which adopted eXtensible
Business Reporting Language (XBRL) as the standard for filing FERC Form
No. 1 and certain other Commission forms.\4\
---------------------------------------------------------------------------

    \4\ Revisions to the Filing Process for Comm'n Forms, Order No.
859, 167 FERC ] 61,241 (2019).
---------------------------------------------------------------------------

    Type of Respondent: Major electric utilities.
    Estimate of Annual Burden: \5\ The Commission estimates the annual
burden and cost \6\ for FERC Form No. 1 as follows:
---------------------------------------------------------------------------

    \5\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain,
disclose, or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to Title 5 Code of Federal Regulations
1320.3. The burden hours and costs are rounded for ease of
presentation.
    \6\ The cost is based on FERC's 2021 Commission-wide average
salary cost (salary plus benefits) of $87.00/hour. The Commission
staff believes the FERC FTE (full-time equivalent) average cost for
wages plus benefits is representative of the corresponding cost for
the industry respondents.

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[GRAPHIC] [TIFF OMITTED] TN24NO21.058

FERC Form No. 1-F, Annual Report for Nonmajor Public Utilities and
Licensees

    OMB Control Nos. and Titles: 1902-0029 (FERC Form No. 1-F, Annual
Report for Nonmajor Public Utilities and Licensees) and 1902-0312 (FERC
Form No. 1-FT, Annual Report for Nonmajor Public Utilities and
Licensees, Modifications to FERC Form No. 1-F due to Final Rule in
Docket No. RM19-12-000).
    Abstract: FERC Form No. 1-F is a financial and operating report
submitted annually for electric rate regulation, market oversight
analysis, and financial audits by Nonmajor electric utilities and
licensees. Nonmajor is defined as utilities and licensees that are not
classified as Major, and having total sales in each of the last three
consecutive years of 10,000 megawatt-hours or more.\7\
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    \7\ As detailed in 18 CFR 101 (Uniform System of Accounts
Prescribed for Public Utilities and Licensees Subject to the
Provision of the Federal Power Act, General Instructions) and 18 CFR
141.2.
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    FERC Form No. 1-F is designed to collect financial and operational
information and is made available to the public. FERC Form No. 1-F
includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Retained Earnings,
     Statement of Cash Flows,
     Statement of Comprehensive Income and Hedging Activities,
and
     Notes to Financial Statements.

    Supporting schedules contain:

     Supplementary information and include revenues and the
related quantities of electric sales and electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data, and
     Other statistical information.

XBRL, Order No. 859, and FERC Form No. 1-F

    Previously, FERC Form No. 1-F filers would transmit the information
in the form to the Commission using a software application called
Visual FoxPro (VFP). This application is no longer supported by its
developer, Microsoft Corporation. As a result, in April 2015, the
Commission issued an order announcing its intention to replace the VFP
filing format for certain Commission forms (including FERC Form No. 1-
F) with an XML-based filing format. On June 20, 2019, the Commission
issued Order No. 859, which adopted XBRL as the standard for filing
FERC Form No. 1-F and other Commission forms.\8\
---------------------------------------------------------------------------

    \8\ Revisions to the Filing Process for Comm'n Forms, Order No.
859, 167 FERC ] 61,241 (2019).
---------------------------------------------------------------------------

    Type of Respondent: Nonmajor electric utilities.
    Estimate of Annual Burden: The estimated annual burden and cost
follow. (The estimated hourly cost used for FERC Form No. 1-F is $87
(for wages plus benefits) and is described above, under FERC Form No.
1.) The burden hours and costs are rounded for ease of presentation.

[GRAPHIC] [TIFF OMITTED] TN24NO21.059

FERC Form No. 3-Q, Quarterly Financial Report of Electric Utilities,
Licensees, and Natural Gas Companies

    OMB Control Nos. and Titles: 1902-0205 (FERC Form No. 3-Q,
Quarterly Financial Report of Electric Utilities, Licensees, and
Natural Gas Companies) and 1902-0313 (FERC Form No. 3-QT, Quarterly
Financial Report-Electric and Gas, modifications to FERC Form No. 3-Q
due to Final Rule in Docket No. RM19-12-000).
    Abstract: FERC Form No. 3-Q is a quarterly financial and operating
report for rate regulation, market oversight analysis, and financial
audits which supplements (a) FERC Form Nos. 1 and 1-F, for the electric
industry, or (b) FERC Form No. 2 (Annual Report for Major Natural Gas
Companies; OMB Control No. 1902-0028) and FERC Form No. 2-A (Annual
Report for Nonmajor Natural Gas Companies; OMB Control No. 1902-0030),
for the natural gas industry. FERC Form No. 3-Q is submitted for all
Major and Nonmajor electric utilities, licensees, and natural gas
companies.\9\
---------------------------------------------------------------------------

    \9\ 18 CFR 260.1(b) states that for natural gas companies as
defined by the Natural Gas Act, Major pertains to a company whose
combined gas transported or stored for a fee exceed 50 million Dth
in each of the three previous calendar years. 18 CFR 260.2(b) states
that for natural gas companies as defined by the Natural Gas Act,
Non-Major pertains to a company not meeting the filing threshold for
FERC Form No. 2, but having total gas sales or volume transactions
exceeding 200,000 Dth in each of the three previous calendar years.
---------------------------------------------------------------------------

    FERC Form No. 3-Q includes a basic set of financial statements:
     Comparative Balance Sheet,
     Statement of Income and Statement of Retained Earnings,
     Statement of Cash Flows,
     Statement of Comprehensive Income and Hedging Activities,
and
     Supporting schedules containing supplementary information.

    Electric respondents report:

     Revenues and the related quantities of electric sales and
electricity transmitted,
     Account balances for all electric operation and
maintenance expenses,
     Selected plant cost data, and
     Other statistical information.

    Natural gas respondents report:

     Monthly and quarterly quantities of gas transported and
associated revenues,
     Storage, terminalling, and processing services,
     Natural gas customer accounts and details of service, and
     Operational expenses, depreciation, depletion, and
amortization of gas plant.

XBRL, Order No. 859, and FERC Form No. 3-Q

    Previously, FERC Form No. 3-Q filers would transmit the information
in the form to the Commission using a software application called
Visual FoxPro (VFP). This application is no longer supported by its
developer, Microsoft Corporation. As a result, in April 2015, the
Commission issued an order announcing its intention to replace the VFP
filing format for certain Commission forms (including FERC Form No. 3-
Q) with an XML-based filing format. On June 20, 2019, the Commission
issued Order No. 859, which adopted XBRL as the standard for filing
these Commission forms.\10\
---------------------------------------------------------------------------

    \10\ Revisions to the Filing Process for Comm'n Forms, Order No.
859, 167 FERC ] 61,241 (2019).
---------------------------------------------------------------------------

    Type of Respondent: Major and nonmajor electric utilities,
licensees, and natural gas companies.
    Estimate of Annual Burden: The estimated annual burden and cost (as
rounded) follow. (The estimated hourly cost used for FERC Form No. 3-Q
is $87 (for wages plus benefits) and is described above, under FERC
Form No. 1.) The burden hours and costs are rounded for ease of
presentation. The quarterly filings are generally a subset of the
annual filings. For this reason, the XBRL burden (``3-QT'') hours are
``0'' because the burden associated with the 3-QT is already
incorporated into other burden numbers for FERC Form No. 1 and FERC
Form No. 2.
BILLING CODE 6717-01-P

[GRAPHIC] [TIFF OMITTED] TN24NO21.060

[GRAPHIC] [TIFF OMITTED] TN24NO21.061

    For the FERC Form 3-Q (electric and natural gas), the total average
annual burden hours is 185,031, and the total annual cost is
$16,097,697.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility, and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

    Dated: November 18, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-25683 Filed 11-23-21; 8:45 am]
BILLING CODE 6717-01-C


                          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            National Vehicle and Fuel Emissions Laboratory 2000 Traverwood Drive
                                 Ann Arbor, Michigan 48105-2498

March 26, 2022

MEMORANDUM

             SUBJECT:	Meeting with Mira's Garden  -  March 22, 2022

             FROM:	Bryan Manning, General Engineer
             	Assessment and Standards Division
             Office of Transportation and Air Quality
             U.S. Environmental Protection Agency

TO:	Docket No. EPA - HQ - OAR - 2019 - 0660

On March 22, 2022, representatives from Mira's Garden met virtually with representatives of the Environmental Protection Agency (EPA) on the subject of the proposed rulemaking for aircraft engine particulate matter emission standards.  A list of attendees is provided below.  The EPA presented a summary of the proposed rulemaking during this meeting, and the presentation is attached.  Mira's Garden read a prepared statement during the meeting, and this statement is attached.  In addition, they provided information after the meeting, and this information is attached.

The meeting attendees included:

EPA
Bryan Manning
Rich Cook
Courtney Herbolsheimer
Karl Pepple

Mira's Garden
Kent Palosaari
Elena Austin (University of Washington)

Attachments:
 EPA presentation summarizing the proposed rulemaking
 Mira's Garden prepared statement
 Information provided by Mira's Garden after the meeting