SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for subpart FFF were proposed on January 18, 1983, and promulgated on June 29, 1984. These standards apply to the following facilities in subpart FFF: each rotogravure printing line used to print or coat flexible vinyl or urethane products, and for which construction, modification or reconstruction commenced after January 18, 1983. This information is being collected to assure compliance with 40 CFR part 60, subpart FFF.

Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to this rule provide information on the operation of emissions control devices. Semiannual reports of excess emissions or exceedances of standards are required. These notifications, reports, and records are essential in determining compliance, and are required, in general, of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated State or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) Regional Office.

Approximately 20 sources are currently subject to the regulation, and it is estimated that one additional source will become subject to the standard in the next three years, for an average of 0.33 new sources per year. These figures are based on queries conducted in the EPA's Air Facility System ( AFS) through the Online Tracking Information System ( OTIS). The cost of this Information Collection Request ( ICR) will be $ 36,535.

In the development of this ICR, we addressed the Office of Management and Budget ( OMB) " Terms of Clearance" ( TOC) on the active ICR. The TOC is as follows:

The request to extend this collection of information is approved for three years pursuant to the Paperwork Reduction Act as codified at 5 CFR 1320. Before resubmission of this ICR, the Agency should provide in the Supporting Statement a discussion of the estimates of burden per respondent and the methodology by which the Agency generated those estimates. Furthermore, the Agency should revisit the estimates of the number of sources to confirm that burden estimates are reasonable. 2 For this information collection, we used several different resources to obtain the most recent data available for the flexible vinyl and urethane coating and printing sources. We first referenced the most recent ICR, and accessed the data ( April 14, 2003) available on the Air Facility System ( AFS) database maintained by the Office of Compliance. We also retrieved data from the Toxic Release Inventory System ( TRIS) maintained by the Office of Environmental Information ( OEI). In addition, we contacted all the facilities listed in our queries for confirmation. Based on this information, there will be an estimated 20 respondents with one source of industry growth ( an average of 0.33 sources) expected over the next three years.

The burden per respondent and the methodology employed is discussed in section 6 of this ICR.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( 1).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also required that the Administrator review and, if appropriate, revise such standards every four years.

2( b) Practical Utility/ Users of the Data The control of emissions of volatile organic compounds ( VOC) from printing and coating flexible vinyl and urethane products requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of volatile organic compounds are the result of operation of the printing on flexible vinyl and urethane coating. These standards rely on the reduction of volatile organic compounds emissions by using inks with low VOC content or on the capture of those compounds by either solvent recovery systems, thermal incinerators or catalytic incinerators.

The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices ( if this method is chosen to comply with the regulation) are properly installed and operated and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. For facilities using control equipment to meet this standard, the operating conditions may include temperature or volatile organic compound concentration.

The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the 3 Agency to ensure that facilities affected by the NSPS continue to operate the control equipment and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart FFF.

3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or local agency. If a State or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the State or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on September 26, 2002. No comments were received on the burden published in the Federal Register.

3( c) Consultations For this information collection, we used several different resources to obtain the most recent data available for the flexible vinyl and urethane coating and printing sources. We referenced the most recent ICR, and accessed the data ( April 14, 2003) available on the Air Facility System ( AFS) database maintained by the Office of Compliance. We also retrieved data from the Toxic Release Inventory System ( TRIS) maintained by the Office of Environmental Information. In addition, we contacted all the facilities listed in our queries for confirmation.

Based on this information there will be an estimated 20 respondents with one industry growth expected over the next three years.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5. 4 3( f) Confidentiality The required information has been determined not to be confidential. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, c 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents of the recordkeeping and reporting requirements are subpart FFF that commenced construction, modification, or reconstruction after January 18, 1983. They are listed under SIC Codes 2295 and 2679. Both of these Codes contain firms that are not covered by this rule. This rule does not cover resilient floor covers or flexible packaging. The government is in the process of transitioning to the new North American Industrial Classification System ( NAICS). The NAICS codes for this industry are 31332, 322222, and 322299 for source category description.

4( b) Information Requested, including record keeping requirements ( i) Data Items All data in this ICR that are recorded and/ or reported are required by New Source Performance Standards for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF).

A source must make the following reports:

Reports for 40 CFR part 60, subpart FFF Construction/ reconstruction 60.7( a)( 1)

Physical or operational change 60.7( a)( 4)

Initial performance test 60.8( d)

Delay of/ and rescheduled initial performance test( s) 60.8( d)

Actual startup 60.7( a)( 3)

Initial performance test results 60.8( a), 60.585( a)

Demonstration of continuous monitoring system 60.7( a)( 5)

Semiannual reports 60.7( c) and 60.7( d) 60.585( b) 5 A source must maintain the following records:

Recordkeeping for 40 CFR part 60, subpart FFF Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative. 60.7( b) 60.584( d)

Records for sources with continuous monitoring systems 60.7( d)

Maintain file of all measurements 60.7( e) 60.583( b) and 60.583( c)

Records of performance test conditions 60.8( c)

Records of operating conditions for control equipment ( i. e., temperature or VOC concentration) 60.584( a)( 2) 60.584( b)( 2) 60.584( c)( 2)

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CMS for VOC concentration or temperature.

Perform initial performance test, Reference Methods 24, 25, 1, 2, 3, and 4 tests, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust existing ways to comply with any previously applicable instructions and requirements.

Train personnel t be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Presently, sources are using monitoring equipment that provides parameter data in an automated way, e. g., volatile organic compounds. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some Regulatory Agencies are setting up electronic reporting systems to allow sources to report electronically, which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory Agencies. 6 5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions ( VOC concentration or temperature) under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years. 5( c) Small Entity Flexibility A majority of the affected facilities are large entities ( e. g., large businesses). However, the impact on small entities ( i. e., small businesses) was taken into consideration during the development of the regulation. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule 7 The specific frequency for each information collection activity within this request is shown in Table 1: Annual Industry Burden for NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 593 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses a technical labor rate of $ 61.66 per hour. This rate is from the United States Department of Labor, Bureau of Labor Statistics, September 2002, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rate has been increased by 110% to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activity in the regulations are for labor and continuous emission monitoring ( CEM). The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs The type of industry costs associated with the information collected activity in the regulations are for labor and continuous emission monitoring ( CEM). The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor and other costs such as photocopying and postage. 8 Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Startup Cost for One Affected Facility ( C) Number of New Affected Facilities to Startup ( D) Total Startup ( B X C) ( E) Annual O& M Costs for One Affected Facility ( F) Number of Affected Facilities with O& M ( G) Total O& M ( E X F)

Temperature or feed rate monitor $ 20,000 0.33 $ 6,600 $ 9,000 6 $ 54,000 The total capital/ startup cost for this ICR is $ 6,600. This is the total of column D in the above table. These costs are shown in block 14( a), Total annualized capital/ startup costs, on the OMB 83 I form. It should be noted that the numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

The total operation and maintenance ( O& M) costs for this ICR are $ 54,000. This is the total of column G. These costs are shown in block 14( b), Total annual costs ( O& M), on the OMB 83 I form.

The total respondent non labor costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry of the next three years of the ICR are estimated to be $ 60,600. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. Publication and distribution of the information are part of the AFS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program The average annual Agency cost during the three years of the ICR is estimated to be $ 3,896,000. [ see Table 2 in Section 6( e)]. This cost is based on the average hourly labor rate at a GS 12, Step 1, times a 1.6 benefits multiplication factor to account for government overhead expenses for a total of $ 39.49. This rate is from the Office of Personnel Management ( OPM) " 2003 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2, Annual Agency Burden for NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF) attached.

6( d) Estimating the Respondent Universe and Total Burden and Costs Respondent Universe and Number of Responses Per Year Regulation Citation 40 CFR part 60 subpart FFF ( A) Average Number of New Respondents per Year ( B) Number of Reports for New Source ( C) Number of Existing Respondents ( D) Number of Reports for Existing Sources ( F) Number of Respondents that keep records but do not submit reports ( E) Total Annual Responses = ( AxB)+( CxD )+ F 9 Respondent Universe and Number of Responses Per Year 40 CFR part 60, subpart FFF 0.33 2 20 2 0 40.66 The number of total respondents is 20.33, rounded to 20. This number is the sum of column A and column C of the Respondent Universe and Number of Responses Per Year table. This represents the number of existing sources plus the number of new sources averaged over the three year period ( i. e., the total of the number of new respondents over the three year period divided by three years). It is shown in block 13( a), Number of respondents, on the OMB 83 I form.

The number of Total Annual Responses is 41. This is the number in column E of the Respondent Universe and Number of Responses Per Year table. It is shown in block 13( b), Total annual responses, on the OMB 83 I form.

The total annual labor costs are $ 36,535,000. This number is not shown on the OMB 83 I form. Details upon which this estimate is based appear in Table 1: Annual Respondent Burden and Cost  NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR part 60, subpart FFF).

The total annual capital and O& M costs to the regulated entity are $ 61,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. These costs are detailed in section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours and Cost Tables The bottom line burden hours and cost tables for both the Agency and the respondents are attached. The annual public reporting and recordkeeping burden for this collection of information is estimated to average 14 ( rounded) hours per response.

6( f) Reasons for Change in Burden The adjustment increase in burden from the most recently approved ICR is due to an increase in the number of sources, due to more accurate estimates of existing and anticipated new sources. We first determined, based on queries conducted on the Air Facility System through the Online Tracking Information System, that there were 22 respondents potentially subject to this NSPS rule. Since the active ICR indicated that there were 10 existing respondents subject to the rule and one new source was estimated for the three year period, we conducted additional research and contacted each facility, and subsequently determined that the number of respondents subject to the rules addressed by this ICR is 20. The change in respondent cost is also due to a labor rate change where the rate has increased over the three year period of this ICR.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 14 ( rounded) hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. 10 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2003 0040, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center Docket is ( 202) 566 1514. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID Number OECA 2003 0040 and OMB Control Number 2060 0073 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting the information. 11 TABLE 1: Annual Industry Burden  NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR Part 60, Subpart FFF)

Occurrences/ Hours/

Hours per Respondent/ Respondent/ Respondents Hours Cost/

Occurrence Year Year per Year per Year Year a Reporting/ Recordkeeping ( A) ( B) ( C= A x B) ( D) ( E = C x D) ( F= E x $ 61.66) ___________________________________________________________________________________________________________________________

1. APPLICATIONS Not Applicable 2. SURVEY AND STUDIES Not Applicable 3. REPORTING REQUIREMENTS New Sources b A. Read Instructions c 1 1 1 0.33 0.33 $ 20.35 B. Required Activities New Sources Initial performance test d 280 1 280 0.33 92.4 $ 5,697.38 Repeat performance test e 280 0.2 56 0.33 18.48 $ 1,139.48 C. Create Information Included in 3B D. Gather Existing Information Included in 3B E. Write Report New Sources Notification of construction/ f 2 1 2 0.33 0.66 $ 40.70 reconstruction Notification of initial performance g 2 1 2 0.33 0.66 $ 40.70 test Report of initial performance test Included in 3B Existing Plants Submit semi annual report h 4 2 8 20 160 $ 9,865.60 SUBTOTAL 272.53 $ 16,804.21 4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A B. Plan Activities Included in 3B C. Implement Activities Included in 3B D. Develop Record System N/ A N/ A N/ A N/ A N/ A N/ A E. Time to Enter Information Records of startup, shutdown and i 1.5 2 3 20 60 $ 3,699.60 malfunctions Records of VOC, temperature and j 0.25 52 13 20 260 $ 16,031.60 CMS maintenance F. Audits N/ A N/ A N/ A N/ A N/ A N/ A SUBTOTAL 320 $ 19,731.20 TOTAL ANNUAL INDUSTRY COST BURDEN ( rounded) 593 $ 36,535 __________________________________________________________________________________________________________

Assumptions:

a. Technical labor rate ( Bureau of Labor Statistics) is $ 29.36 + 110% = $ 61.66 b. Number of new facilities ( per year): 0.33 c. Time required to read instructions ( hours): 1 d. Time required to compete performance test ( hours): 280 e. Rate of failed performance tests: 20%

f. Time required for notification preparation ( hours): 2 g. Time required for notification of initial performance test ( hours): 2 h. Time required to compile data for semiannual report ( hours): 4 i. Time required to record startup, shutdown, and malfunction ( hours): 1.5 j. Time required to record VOC, temperature and CMS maintenance ( hours): 0.25 12 TABLE 2: AVERAGE Annual EPA Burden  NSPS for Flexible Vinyl and Urethane Coating and Printing ( 40 CFR Part 60, Subpart FFF)

EPA hrs/ Occurrences EPA hrs/ Plants/ EPA Occurrence Plant/ Year Plant/ Year Year Hrs/ Year Burden Items ( A) ( B) ( C= AxB) ( D) ( E= CxD) ____________________________________________________________________________________________________________________________

Required Activities New Plant Initial performance tests 24 1 24 0.33 7.92 Repeat performance tests b 24 0.2 4.8 0.33 1.584 Report Review New Plant Notification of construction c 2 1 2 0.33 0.66 Notification of initial startup d 0.5 1 0.5 0.33 0.165 Notification of actual startup e 0.5 1 0.5 0.33 0.165 Notification of initial test 0.5 1.2 0.6 0.33 0.198 Review test results g 0.5 1.2 9.6 0.33 3.168 Existing Plants Semiannual reports of emission h 2 2 4 20 80 exceedances TOTAL ANNUAL HOURS 93.86 Travel expenses i ( 1 person x .33 plant/ year x 3 days/ plant x $ 75 per diem) + ($ 350 round trip/ plant x .33 plant/ year) = $ 189.75 Salary j ( 1 person x 93.86 hr/ year x $ 39.49/ hrs ) = $ 3,706.53 TOTAL ANNUAL EPA COST BURDEN = $ 3,896 ( rounded) _______________________________________________________________________________________________________________________________

Assumptions:

a. Time required to participate with performance test ( hours per plant): 24 b. Rate of failed performance tests: 20%

c. Time required to review construction notification ( hours): 2 d. Time required to review startup and initial test notifications ( hours): 0.5 e. Notification of actual startup ( hours): 0.5 f. Time required to review initial test notification ( hours): 0.5 g. Time required to review test results ( hours): 8 h. Time required to review semi annual reports ( hours): 2 i. Round trip airfare to visit plant: $ 350 j. EPA's labor rate at a GS 12, Step 1, times 1.6 government overhead expenses: $ 39.49


[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Page 37893]
[FR Doc No: 2023-12408]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0393]

National Merchant Marine Personnel Advisory Committee; Vacancies

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Request for applications.

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SUMMARY: The U.S. Coast Guard seeks applications to fill two-member
vacancies on the National Merchant Marine Personnel Advisory Committee
(Committee). This Committee advises the Secretary of Homeland Security
and the Coast Guard on matters relating to personnel in the United
States Merchant Marine, including the training, qualifications,
certification, documentation, and fitness of mariners.

DATES: Completed applications should reach the U.S. Coast Guard on or
before August 8, 2023.

ADDRESSES: Applications should include a cover letter expressing
interest in an appointment to the National Merchant Marine Personnel
Advisory Committee, a resume detailing the applicant's relevant
experience for the position applied for (including the mariner
reference number for the credentials held), and a brief biography.
Applications should be submitted via email with subject line
``Application for NMERPAC'' to [email protected].

FOR FURTHER INFORMATION CONTACT: Mrs. Megan Johns Henry, Alternate
Designated Federal Officer of the National Merchant Marine Personnel
Advisory Committee; telephone<PHONE_NUMBER> or email at
[email protected].

SUPPLEMENTARY INFORMATION: The National Merchant Marine Personnel
Advisory Committee is a Federal advisory committee. The Committee must
operate under the provisions of the Federal Advisory Committee Act,
(Pub. L. 117-286, 5 U.S.C. ch. 10), and 46 U.S.C. 15109.
    The Committee was established on December 4, 2018, by section 601
of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L.
115-282, 132 Stat 4192), and is codified in 46 U.S.C. 15103. The
Committee is required to meet at least once a year in accordance with
46 U.S.C. 15109(a). We expect the Committee will hold meetings at least
twice a year, typically in the last week of March and the week of
September following the Labor Day holiday. The meetings are held at
locations across the country selected by the U.S. Coast Guard.
    Under provisions in 46 U.S.C. 15109(f)(6), if you are appointed as
a member of the Committee, your membership term will expire on December
31st of the third full year after the effective date of your
appointment. The Secretary of Homeland Security may require an
individual to have passed an appropriate security background
examination before appointment to the Committee, 46 U.S.C. 15109(f)(4).
    All members serve at their own expense and receive no salary or
other compensation from the Federal Government. Members may be
reimbursed for travel and per diem in accordance with Federal Travel
Regulations. If you are appointed as a member of the Committee, you
will be required to sign a Non-Disclosure Agreement and a Gratuitous
Services Agreement.
    In this solicitation for Committee members, we will consider
applications for two (2) positions:
     One shall be a United States citizen holding an active
license or certificate issued under 46 U.S.C. chapter 71 or a merchant
mariner documents issued under 46 U.S.C. chapter 73, as a deck officer
who represents merchant marine deck officers, who currently holds a
Merchant Mariner Credential with an endorsement for oceans any gross
tons, an endorsement for inland river route with a limited or unlimited
tonnage, and significant tanker experience.
     One shall be a pilot who represents merchant marine
pilots.
    Each member of the Committee must have expertise, knowledge, and
experience on matters related to personnel in the United States
merchant marine, including the training, qualifications, certification,
documentation, and fitness of mariners.
    The members who will fill the two positions described above will be
appointed to represent the interest of their respective groups and
viewpoints and are not Special Government Employees as defined in 18
U.S.C. 202(a).
    In order for the Department, to fully leverage broad-ranging
experience and education, the National Merchant Marine Personnel
Advisory Committee must be diverse with regard to professional and
technical expertise. The Department is committed to pursuing
opportunities, consistent with applicable law, to compose a committee
that reflects the diversity of the Nation's people.
    If you are interested in applying to become a member of the
Committee, email your application to [email protected] as provided
in the ADDRESSES section of this notice. Applications must include: (1)
a cover letter expressing interest in an appointment to the National
Merchant Marine Personnel Advisory Committee; (2) a resume detailing
the applicant's relevant experience and (3) a brief biography of the
applicant by the deadline in the DATES section of this notice.
    The U.S. Coast Guard will not consider incomplete or late
applications.

    Dated: June 6, 2023.
Benjamin J. Hawkins,
Deputy Director, Commercial Regulations and Standards.
[FR Doc. 2023-12408 Filed 6-8-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 57018-57019]
[FR Doc No: 2022-20117]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before October 17, 2022.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington DC.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on September 8, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                Applicant           Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
21422-N.....................  Superior Refining Company  173.6(a)(1)(i),           To authorize the
                               LLC.                       173.6(b)(4).              transportation in commerce
                                                                                of gasoline and petroleum
                                                                                distillates in glass
                                                                                packagings under the
                                                                                materials of trade exception
                                                                                in quantities that exceed
                                                                                what is authorized in 173.6
                                                                                for the purpose of testing.
                                                                                (mode 1).
21425-N.....................  Lucid USA, Inc...........  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium batteries
                                                                                exceeding 35 kg via cargo-
                                                                                only aircraft. (mode 4).
21426-N.....................  Spaceflight, Inc.........  173.185(a)(1)...........  To authorize the
                                                                                transportation in commerce
                                                                                of low production or
                                                                                prototype lithium batteries
                                                                                contain in equipment via
                                                                                cargo-only aircraft. (mode
                                                                                4).
21427-N.....................  Walmart Inc..............  Subchapter C............  To authorize the
                                                                                transportation in commerce
                                                                                of hazardous materials
                                                                                meeting the definition of
                                                                                ``consumer commodities'' via
                                                                                contracted delivery
                                                                                platforms as not subject to
                                                                                the requirements of the
                                                                                Hazardous Materials
                                                                                Regulations. (mode 1).
21428-N.....................  Livewire EV LLC..........  172.101(j), 173.220(d),   To authorize the
                                                          173.185(a)(1).            transportation in commerce
                                                                                of prototype lithium
                                                                                batteries, and those
                                                                                installed in vehicles, via
                                                                                cargo-only aircraft. (mode
                                                                                4).
21431-N.....................  Philips Medical Systems    171.22..................  To authorize the
                               MR, Inc.                                             transportation in commerce
                                                                                of MRI scanners utilizing
                                                                                the newly adopted provisions
                                                                                of the ICAO TI prior to
                                                                                their incorporation into the
                                                                                HMR. (mode 4).
21432-N.....................  Koch Fertilizer, LLC.....  171.7(n)(15),             To authorize the
                                                          172.203(a),               transportation in commerce
                                                          173.315(l)(5).            of anhydrous ammonia in
                                                                                cargo tanks using an
                                                                                alternative test method for
                                                                                determining minimum water
                                                                                content using online NIR
                                                                                technology. (mode 1).

21433-N.....................  Pyrotek Special Effects    173.306(k)..............  To authorize the
                               Lititz.                                              transportation in commerce
                                                                                of used and partially full
                                                                                2Q cans of flammable gas
                                                                                (Salamander or G-Flame cans)
                                                                                in accordance with the
                                                                                exception for aerosols in
                                                                                Sec.   107.306(k). (mode 1).
21435-N.....................  Zhejiang Dongcheng         173.304(d)..............  To authorize the manufacture,
                               Printing Industry Co.,                               marking, sale and use of a
                               Ltd.                                                 non-DOT specification non-
                                                                                refillable inside container
                                                                                similar to a 2Q
                                                                                specification container.
                                                                                (modes 1, 2, 3, 4).
21437-N.....................  Linde Gas & Equipment Inc  173.181(d)(1),            To authorize the
                                                          173.181(d)(1)(ii).        transportation in commerce
                                                                                of DOT specification
                                                                                combination packagings that
                                                                                consist of a UN1A1 2 port
                                                                                inner drum, with a capacity
                                                                                other than 10 or 20 liters,
                                                                                inside a UN1A2 drum
                                                                                containing UN 3394,
                                                                                Organometallic Substance,
                                                                                Liquid, Water Reactive, 4.2
                                                                                (4.3). (modes 1, 2, 3).
21438-N.....................  Samsung SDI America, Inc.  172.101(j)..............  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries
                                                                                exceeding 35 kg by cargo-
                                                                                only aircraft. (mode 4).
21441-N.....................  K&M Transportation         173.196(b)(2)...........  To authorize the
                               Services, LLC.                                       transportation in commerce
                                                                                of infectious substances in
                                                                                alternative packaging. (mode
                                                                                1).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-20117 Filed 9-15-22; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Notices]
[Pages 10156-10159]
[FR Doc No: 2023-03249]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96878; File No. SR-NYSEARCA-2023-14]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule

February 10, 2023.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on February 9, 2023, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule
(``Fee Schedule'') regarding the Firm and Broker Dealer Monthly Fee Cap
and the Ratio Threshold Fee. The Exchange proposes to implement the fee
change effective February 9, 2023.\4\ The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ The Exchange previously filed to amend the Fee Schedule on
January 31, 2023 (SR-NYSEARCA-2023-11) and withdrew such filing on
February 9, 2023.
---------------------------------------------------------------------------

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 purpose of this filing is to (1) modify the Firm and Broker
Dealer Monthly Fee Cap (the ``Monthly Fee Cap'') and (2) extend the
waiver of the Ratio Threshold Fee. The Exchange proposes to implement
the rule change on February 9, 2023.
Firm and Broker Dealer Monthly Fee Cap
    The Exchange proposes to modify the Monthly Fee Cap, which
currently provides that combined Firm proprietary fees and Broker
Dealer fees for transactions in standard option contracts cleared in
the customer range for Manual executions and QCC transactions are
capped at $150,000 per month.\5\
---------------------------------------------------------------------------

    \5\ See Fee Schedule, NYSE Arca OPTIONS: TRADE-RELATED CHARGES
FOR STANDARD OPTIONS, FIRM AND BROKER DEALER MONTHLY FEE CAP.
---------------------------------------------------------------------------

    The Exchange proposes to raise the Monthly Fee Cap to $200,000 per
month. Accordingly, the Exchange proposes to modify the Fee Schedule to
replace $150,000 with $200,000 in the description of the Monthly Fee
Cap. Strategy executions, royalty fees, and firm trades executed via a
Joint Back Office agreement will continue to be excluded from fees to
which the Monthly Fee Cap would apply. Once a Firm or Broker Dealer has
reached the Monthly Fee Cap, an incremental service fee of $0.01 per
contract for Firm or Broker Dealer Manual transactions will continue to
apply, except for the execution of a QCC order.
    The Exchange believes that the proposed change, despite increasing
the amount of the Monthly Fee Cap, would continue to incent Firms and
Broker Dealers to direct order flow to the Exchange to receive the
benefits of a fee cap on Manual and QCC transactions.
Ratio Threshold Fee
    The Exchange proposes to further extend the waiver of the Ratio
Threshold Fee that was originally implemented in connection with the
Exchange's migration to the Pillar platform.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 94095 (January 28,
2022), 87 FR 6216 (February 3, 2022) (SR-NYSEArca-2022-04) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the NYSE Arca Options Fee Schedule).
---------------------------------------------------------------------------

    The Ratio Threshold Fee is based on the number of orders entered as
compared to the number of executions received in a calendar month and
is

intended to deter OTP Holders from submitting an excessive number of
orders that are not executed.\7\ Because order to execution ratios of
10,000 to 1 or greater have the potential residual effect of exhausting
system resources, bandwidth, and capacity, such ratios may create
latency and impact other OTP Holders' ability to receive timely
executions.\8\ In connection with the Exchange's migration to the
Pillar platform, the Exchange implemented a waiver of the Ratio
Threshold Fee (the ``Waiver'') that took effect beginning in the month
in which the Exchange began its migration to the Pillar platform and
would remain in effect for the three months following the month during
which the Exchange completed its migration to the Pillar platform. As
the Exchange completed the migration in July 2022, the Waiver was
originally due to expire on October 31, 2022. The Exchange previously
filed to extend the Waiver until January 31, 2023,\9\ and now proposes
to extend the Waiver for an additional three months, until April 30,
2023.
---------------------------------------------------------------------------

    \7\ See Fee Schedule, RATIO THRESHOLD FEE; see also Securities
Exchange Act Release No. 60102 (June 11, 2009), 74 FR 29251 (June
19, 2009) (SR-NYSEArca-2009-50).
    \8\ See id.
    \9\ See Securities Exchange Act Release No. 96252 (November 7,
2022), 87 FR 68210 (November 14, 2022) (SR-NYSEARCA-2022-74) (Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the NYSE Arca Options Fee Schedule).
---------------------------------------------------------------------------

    The Exchange believes that extending the Waiver would allow the
Exchange additional time to continue to work with OTP Holders to
monitor traffic rates and order to execution ratios, without imposing a
financial burden on OTP Holders based on their order to execution
ratios. The extension of the Waiver would also allow the Exchange to
continue to evaluate system performance as OTP Holders continue to
adapt to trading on the Pillar platform. The Exchange thus proposes to
modify the Fee Schedule to provide that the Waiver would extend through
April 30, 2023.\10\
---------------------------------------------------------------------------

    \10\ See proposed Fee Schedule, RATIO THRESHOLD FEE.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\12\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \13\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\14\ Therefore, no exchange possesses significant pricing power
in the execution of multiply-listed equity and ETF options order flow.
More specifically, in December 2022, the Exchange had less than 13%
market share of executed volume of multiply-listed equity and ETF
options trades.\15\
---------------------------------------------------------------------------

    \14\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \15\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
see id., the Exchange's market share in equity-based options
decreased from 13.30% for the month of December 2021 to 12.42% for
the month of December 2022.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange transaction fees. Stated otherwise,
modifications to exchange transaction fees can have a direct effect on
the ability of an exchange to compete for order flow.
    The proposed increase to the Monthly Fee Cap is reasonable because
the Exchange believes the fee cap, although higher, would continue to
incent Firms and Broker Dealers to direct order flow to the Exchange to
receive the benefits of capped fees. The Exchange also believes the
proposed change is reasonable because the proposed fee cap amount would
be applicable to all Firms and Broker Dealers. In addition, although
the proposed change would raise the amount of the Monthly Fee Cap, it
would continue to offer Firms and Broker Dealers the opportunity to
qualify for capped fees on Manual and QCC transactions, which the
Exchange believes provides Firms and Broker Dealers with a benefit not
offered by at least one other options exchange.\16\
---------------------------------------------------------------------------

    \16\ See, e.g., BOX Options Fee Schedule, available at: https://boxoptions.com/fee-schedule/ (no cap on Firm and Broker Dealer
manual or QCC transaction fees).
---------------------------------------------------------------------------

    The Exchange believes that the proposed extension of the Waiver is
reasonable because it is designed to lessen the impact of the migration
on OTP Holders and would allow OTP Holders to continue to adjust to
trading on the Pillar platform without incurring excess Ratio Threshold
Fees while the Exchange continues to evaluate Pillar system
performance. To the extent the proposed rule change encourages OTP
Holders to maintain their trading activity on the Exchange, the
Exchange believes the proposed change would sustain the Exchange's
overall competitiveness and its market quality for all market
participants. In the backdrop of the competitive environment in which
the Exchange operates, the proposed rule change is a reasonable attempt
by the Exchange to mitigate the impacts of the Pillar migration without
affecting its competitiveness.
    Finally, to the extent the proposed changes continue to attract
greater volume and liquidity, the Exchange believes the proposed
changes would improve the Exchange's overall competitiveness and
strengthen its market quality for all market participants. In the
backdrop of the competitive environment in which the Exchange operates,
the proposed rule change is a reasonable attempt by the Exchange to
increase the depth of its market and improve its market share relative
to its competitors. The Exchange's fees are constrained by intermarket
competition, as OTP Holders may direct their order flow to any of the
16 options exchanges. Thus, OTP Holders have a choice of where they
direct their order flow, including their Manual and QCC transactions.
The proposed rule changes are designed to continue to incent OTP
Holders to direct liquidity and, in particular, Firm and Broker Dealer
transactions to the

Exchange. In addition, to the extent OTP Holders are incentivized to
aggregate their trading activity at the Exchange, that increased
liquidity could promote market depth, price discovery and improvement,
and enhanced order execution opportunities for market participants.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed rule change is an equitable
allocation of its fees and credits because the proposal is based on the
amount and type of business transacted on the Exchange. The Exchange
believes that the proposed modification of the Monthly Fee Cap is
equitable because it would apply to all Firms and Broker Dealers
equally and would continue to provide for the same fee cap amount for
all Firms and Broker Dealers. The Exchange also believes that the
proposed rule change is equitable with respect to non-Firm and Broker
Dealer market participants because the Monthly Fee Cap would not be
meaningful for Customers or Professional Customers (neither of whom pay
transaction charges for Manual transactions or QCC transactions) and
because Market Makers are offered other incentives to reduce
transaction fees.\17\ To the extent the proposed change does not
discourage Firms and Broker Dealers from continuing to direct order
flow to the Exchange to achieve the benefits of capped fees and instead
continues to encourage increased liquidity to the Exchange, all market
participants would benefit from enhanced opportunities for price
improvement and order execution.
---------------------------------------------------------------------------

    \17\ See generally Fee Schedule (various incentives available to
Market Makers for posted monthly volume, including on executions in
penny issues, non-penny issues, and SPY).
---------------------------------------------------------------------------

    The proposed extension of the Waiver is an equitable allocation of
fees and credits because the Waiver would continue to apply to all OTP
Holders. All OTP Holders would have the opportunity to continue
adjusting to the Pillar platform without incurring Ratio Threshold
Fees, while the Exchange continues to evaluate post-migration system
performance. Thus, the Exchange believes the proposed rule change would
continue to mitigate the impact of the migration process for all market
participants on the Exchange, thereby sustaining market-wide quality.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes that the proposed change to the Monthly Fee
Cap is not unfairly discriminatory because the fee cap, as proposed,
would continue to be available to all similarly situated Firms and
Broker Dealers, any of which could continue to be incented to direct
order flow to the Exchange to qualify for the fee cap. Moreover, the
proposed change to the Monthly Fee Cap is not unfairly discriminatory
because it would continue to apply the same fee cap amount to all Firms
and Broker Dealers. The Exchange notes that offering the Monthly Fee
Cap to Firms and Broker Dealers but not other market participants is
not unfairly discriminatory because the Firm Fee Cap would not be
meaningful for Customers or Professional Customers because neither
Customers nor Professional Customers pay transaction charges for Manual
transactions or QCC transactions and is not unfairly discriminatory
towards Market Makers, as Market Makers have alternative avenues to
reduce transaction fees.\18\
---------------------------------------------------------------------------

    \18\ See id.
---------------------------------------------------------------------------

    The Exchange believes the proposed extension of the Waiver is not
unfairly discriminatory because it would apply to all OTP Holders on an
equal and non-discriminatory basis. The Waiver, as proposed, would
permit all OTP Holders to continue adapting to the Pillar platform,
without incurring additional fees based on their monthly order to
execution ratios, while the Exchange continues to evaluate post-
migration system performance. The Exchange thus believes that the
proposed change would support continued trading opportunities for all
market participants, thereby promoting just and equitable principles of
trade, removing impediments to and perfecting the mechanism of a free
and open market and a national market system and, in general,
protecting investors and the public interest.
    To the extent that the proposed change continues to attract Manual
and QCC transactions to the Exchange, this increased order flow would
continue to make the Exchange a more competitive venue for order
execution. Thus, the Exchange believes the proposed rule change would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more order flow to the Exchange, thereby
improving market-wide quality and price discovery. The resulting
increased volume and liquidity would provide more trading opportunities
and tighter spreads to all market participants and thus would promote
just and equitable principles of trade, remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, protect investors and the public interest.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed change would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \19\
---------------------------------------------------------------------------

    \19\ See Reg NMS Adopting Release, supra note 13, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. With respect to the modification of the
Monthly Fee Cap, the Exchange believes that the proposed change (even
though it would raise the amount of the fee cap) would not impose any
burden on competition that is not necessary or appropriate because it
is intended to continue to incentivize Firms and Broker Dealers to
direct order flow to the Exchange to be eligible for the benefits of
capped fees on Manual and QCC transactions, thereby promoting liquidity
on the Exchange to the benefit of all market participants.
    The Exchange does not believe the proposed extension of the Waiver
would impose any burden on intramarket competition that is not
necessary or appropriate because it would apply equally to all OTP
Holders. All OTP Holders would continue to be eligible for the Waiver
for an additional three months while the Exchange continues to assess
system performance following the migration to Pillar.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its

fees to remain competitive with other exchanges and to attract order
flow to the Exchange. Based on publicly-available information, and
excluding index-based options, no single exchange has more than 16% of
the market share of executed volume of multiply-listed equity and ETF
options trades.\20\ Therefore, currently no exchange possesses
significant pricing power in the execution of multiply-listed equity
and ETF options order flow. More specifically, in December 2022, the
Exchange had less than 13% market share of executed volume of multiply-
listed equity and ETF options trades.\21\
---------------------------------------------------------------------------

    \20\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \21\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of equity-based ETF options,
see id., the Exchange's market share in equity-based options
decreased from 13.30% for the month of December 2021 to 12.42% for
the month of December 2022.
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes reflect this
competitive environment because they modify the Exchange's fees and
rebates in a manner designed to continue to incent OTP Holders to
direct trading interest (particularly Firm and Broker Dealer Manual and
QCC transactions) to the Exchange, to provide liquidity and to attract
order flow. To the extent that this purpose is achieved, all the
Exchange's market participants should benefit from the improved market
quality and increased trading opportunities.
    The Exchange further believes that the proposed change could
promote competition between the Exchange and other execution venues,
including those that do not offer a cap on Firm and Broker Dealer
fees,\22\ by encouraging additional orders to be sent to the Exchange
for execution.
---------------------------------------------------------------------------

    \22\ See note 16, supra.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed extension of the Waiver
would impose any burden on intramarket competition that is not
necessary or appropriate because it would apply equally to all OTP
Holders. All OTP Holders would continue to be eligible for the Waiver
for an additional three months while the Exchange continues to assess
system performance following the migration to Pillar.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \23\ of the Act and subparagraph (f)(2) of Rule
19b-4 \24\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \25\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSEARCA-2023-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2023-14. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEARCA-2023-14, and should be
submitted on or before March 9, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03249 Filed 2-15-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Page 30542]
[FR Doc No: 2012-12457]

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

Coast Guard

[Docket No. USCG-2012-0460]

Notice of a Public Meeting To Prepare for the Twenty-Second
Session of the Assembly of the International Mobile Satellite
Organization (IMSO)

AGENCY: Coast Guard, DHS.

ACTION: Notice of public meeting.

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

SUMMARY: The U.S. Coast Guard will hold a public meeting on subject
matters that will be addressed at the Twenty-Second Session of the
Assembly of the International Mobile Satellite Organization (IMSO).

DATES: A public meeting will be held on Thursday, May 31st, 2012, from
11 a.m. to 12 p.m.

ADDRESSES: The meeting will be held at Coast Guard Headquarters, 2100
Second Street SW., Washington, DC, Room 1200.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Matthew Frazee at
(202) 372-1376 or by email to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The purpose of this public meeting is to
prepare for the Twenty-Second Session of the International Mobile
Satellite Organization (IMSO) Assembly to be held June 25-28, 2012 in
London, United Kingdom. The primary topics that will be considered at
the public meeting include:
     Oversight and performance of the Global Maritime Distress
and Safety System (GMDSS);
     Oversight, performance, audits, charging formulas and
proposals for the Long Range Identification and Tracking (LRIT) System;
     Directorate matters, including succession planning and the
term of the current Director General;
     Financial matters, including arrangements for the
development, endorsement and agreement of the IMSO budget.
    Members of the public may attend this meeting up to the seating
capacity of the room. To facilitate the security process related to
building access, or to request reasonable accommodation, those who plan
to attend should contact the meeting coordinator, LCDR Matthew Frazee,
by email at<EMAIL_ADDRESS>by phone at<PHONE_NUMBER>, or in writing at
Commandant (CG-52), U.S. Coast Guard, 2100 2nd Street SW., Stop 7126,
Washington, DC 20593-7126, not later than May 24th, 2012. Requests made
after May 24, 2012, may not be able to be accommodated. Please note
that due to building security requirements, each visitor must present
two valid, government-issued photo identifications in order to gain
entrance to the Coast Guard Headquarters building. The Coast Guard
Headquarters building is accessible by taxi and privately owned
conveyance (public transportation is not generally available). However,
public parking in the vicinity of the building is extremely limited.
    Members of the public are encouraged to participate and join in
discussions, subject to the discretion of the moderator. Persons
wishing to make formal presentations should provide advance notice to
Lieutenant Commander Matthew Frazee at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>as soon as possible.

    Dated: May 17, 2012.
F.J. Sturm,
Acting Director of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2012-12457 Filed 5-22-12; 8:45 am]
BILLING CODE 9110-04-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Monday, April 4, 2016 5:10 PM
To:
<EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
David Ailor<EMAIL_ADDRESS><EMAIL_ADDRESS>Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
FW: Your coke ICR letter and attachments - EES Coke

Hello  -  Attached you will find a pdf of your signed cover letter for the Coke ICR. Also attached are Enclosures 1&2 as pdf files. Enclosures #3 through #8 are attached in a combined pdf file; these are standard enclosures we include with all ICRs. Please visit the Coke ICR website at: https://icr2010.rti.org/  for the latest versions of the data tables (Excel files) to use for your answers to Enclosures 1 and 2 as well as Word versions of both Enclosures 1&2. Your packages which include hard copies of all of the attached enclosures as well as a disc with Word versions of Enclosures 1&2 and the Excel data tables. Feel free to use this disc for your first submission, but you can also send a USB/flash drive with the files, or alternatively upload the files to a password protected area of the ICR website. Note that discs and flash drives will not be returned until the end of the ICR process.
_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Coke114_cover_letter_04-04-16_EES_signed.PDF >>
<< Coke ICR-Enclosure 1-04-01-16P.pdf >>
<< Coke ICR-Enclosure 2-04-04B-16.pdf >>
<< Enclosure 3 - 8-2016-RTI.pdf >>


[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Rules and Regulations]
[Page 21253]
[FR Doc No: 2011-9147]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0252]

Drawbridge Operation Regulation; Company Canal, Lockport, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
LA 1 vertical lift span bridge across Company Canal, mile 0.4, at
Lockport, Lafourche Parish, Louisiana. The deviation is necessary to
perform electrical rehabilitation work on the bridge. This deviation
allows the bridge to remain closed to navigation for twelve consecutive
hours each day from Monday through Thursday for three weeks.

DATES: This deviation is effective from 6 a.m. on Monday, June 27, 2011
through 6 p.m. on Thursday, July 14, 2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0252 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0252 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail David Frank, Bridge Administration Branch, Coast Guard;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Louisiana Department of Transportation
and Development has requested a temporary deviation from the operating
schedule of the vertical lift span bridge across Company Canal at mile
0.4 in Lockport, Lafourche Parish, Louisiana. The vertical clearance of
the bridge is 5 feet above Mean High Water in the closed-to-navigation
position and 50 feet above Mean High Water in the open-to-navigation
position.
    In accordance with 33 CFR 117.438(a), the vertical lift span of the
bridge currently opens on signal except that, from 6 p.m. to 10 a.m.
the draw opens on signal if at least 4 hours notice is given. This
deviation allows the vertical lift span of the bridge to remain closed
to navigation from 6 a.m. until 6 p.m. Monday through Thursday from
Monday, June 27, 2011 through Thursday July 14, 2011.
    The closure is necessary in order to replace electrical conductors
and conduit throughout the bridge structure, including the removal and
replacement of all navigation lights on the span and fender system.
This maintenance is essential for the continued operation of the
bridge. Temporary navigational lighting will be provided during the
closure and power outage period. Notices will be published in the
Eighth Coast Guard District Local Notice to Mariners and will be
broadcast via the Coast Guard Broadcast Notice to Mariners System.
    Navigation on the waterway consists of commercial and recreational
fishing vessels, small to medium crew boats, and small tugs with and
without tows. The bridge opens for the passage of navigation an average
of 16 times per month. There are two alternate waterway routes
available via the Gulf Intracoastal Waterway east to Bayou Lafourche
and west to Navigation Canal. Small vessels may pass under the bridge
while in the closed-to-navigation position provided caution is
exercised.
    Due to prior experience and coordination with waterway users, it
has been determined that this closure will not have a significant
effect on vessels that use the waterway.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 5, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011-9147 Filed 4-14-11; 8:45 am]
BILLING CODE 9110-04-P