[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56909-56912]
[FR Doc No: 2018-24716]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-9]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection

Requests (ICRs) abstracted below. Before submitting these ICRs to the
Office of Management and Budget (OMB) for approval, FRA is soliciting
public comment on specific aspects of the activities identified below.

DATES: Interested persons are invited to submit comments on or before
January 14, 2019.

ADDRESSES: Submit written comments on the ICRs activities by mail to
either: Mr. Robert Brogan, Information Collection Clearance Officer,
Office of Railroad Safety, Regulatory Analysis Division, RRS-21,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-
497, Washington, DC 20590; or Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information Technology, RAD-20, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W34-212,
Washington, DC 20590. Commenters requesting FRA to acknowledge receipt
of their respective comments must include a self-addressed stamped
postcard stating, ``Comments on OMB Control Number 2130-XXXX,'' (the
relevant OMB control number for each ICR is listed below) and should
also include the title of the ICR. Alternatively, comments may be faxed
to<PHONE_NUMBER> or<PHONE_NUMBER>, or emailed to Mr. Brogan at
[email protected], or Ms. Toone at [email protected]. Please refer
to the assigned OMB control number in any correspondence submitted. FRA
will summarize comments received in response to this notice in a
subsequent notice and include them in its information collection
submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W33-497, Washington, DC 20590 (telephone: (202)
493-6292) or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W34-212, Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICRs
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations require. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: State Safety Participation Regulations and Reporting of
Remedial Actions.
    OMB Control Number: 2130-0509.
    Abstract: The collection of information is set forth under 49 CFR
part 212, and requires qualified state inspectors to provide various
reports to FRA for monitoring and enforcement purposes concerning state
investigative, inspection, and surveillance activities regarding
railroad compliance with Federal railroad safety laws and regulations.
Additionally, under 49 CFR part 209, subpart E, railroads are required
to report to FRA actions taken to remedy certain alleged violations of
law.
    Form Number(s): FRA F 6180.33/61/67/96/96A/109/110/111/112/144.
    Affected Public: Businesses.
    Respondent Universe: States and Railroads.
    Frequency of Submission: On occasion.

                                                                    Reporting Burden

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Burden  hours
                                                                                Total annual       dollar
              CFR section                  Respondent universe     Total  annual  responses  Average  time per  response   burden hours     equivalent
                                                                                cost \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Application for Participation.........  16 States................  16 updates..............  2.5 hours..................              40          $2,960
State Railroad Technical Training       32 States................  32 agreements...........  1 hour.....................              32           2,368
 Funding Agreement.
Inspector Travel Planning and           32 States................  400 vouchers............  1 hour.....................             400          29,600
 Reimbursement.
212.109--Annual Work Plan.............  32 States................  1,862 reports...........  5 hours....................           9,310         688,940
Inspection Form (FRA F 6180.96).......  32 States................  69,885 forms............  15 minutes.................          17,471       1,292,854
Violation Report--Motive, Power, and    19 States................  1,862 reports...........  4 hours....................           7,448         551,152
 Equipment Regulations (Form FRA F
 6180.109).
Violation Report--Operating Practices   19 States................  868 reports.............  4 hours....................           3,472         256,928
 Regulations (Form FRA F 6180.67).
Violation Report--Hazardous Materials   17 States................  856 reports.............  4 hours....................           3,424         253,376
 Regulations (Form FRA F 6180.110).
Violation Report--Hours of Service Law  19 States................  103 reports.............  4 hours....................             412          30,488
 (F 6180.33).

Violation Report--Accident/Incident     19 States................  146 reports.............  4 hours....................             584          43,216
 Reporting Rules (Form FRA F 6180.61).
Violation Report--Track Safety          26 States................  667 reports.............  4 hours....................           2,668         197,432
 Regulations (Form FRA F 6180.111).
Violation Report--Signal and Train      14 States................  440 reports.............  4 hours....................           1,760         130,240
 Control Regulations (Form FRA F
 6180.112).
209.405--Remedial Actions Reports.....  566 Railroads............  4,050 reports...........  15 minutes.................           1,013          74,962
209.407--Violation Report Challenge...  566 Railroads............  810 challenges..........  1 hour.....................             810          59,940
209.407--Delayed Reports..............  695 Railroads............  405 reports.............  30 minutes.................             203          15,022
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\1\ To determine the dollar equivalent cost for the estimated burden hours under OMB No. 2130-0509, FRA used an average hourly wage rate of $74. FRA
  derived this estimate from Bureau of Labor Statistics (BLS) data for management occupations, NAICS 99920--State Government, excluding schools and
  hospitals (OES Designation). To calculate the mean hourly wage of $42.17 for this category of workers, FRA included a 75-percent charge for overhead
  costs. The calculation is $42.17 per hour x 1.75 = $73.7975 or $74 per hour (rounded). The Web address for this data is: https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.

    Total Estimated Annual Responses: 82,402.
    Total Estimated Annual Burden: 49,047 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$3,629,478.
    Title: Use of Locomotive Horns at Highway-Rail Grade Crossings.
    OMB Control Number: 2130-0560.
    Abstract: Under 49 CFR part 222, FRA seeks to collect information
from railroads and public authorities in order to increase safety at
public highway-rail grade crossings nationwide by requiring that
locomotive horns be sounded when trains approach and pass through these
crossings or by ensuring that a safety level at least equivalent to
that provided by routine locomotive horn sounding exists for quiet zone
corridors in which horns are silenced. FRA reviews applications by
public authorities intending to establish new quiet zones or, in some
cases, continue pre-rule quiet zones to ensure the necessary level of
safety is achieved.
    Form Number(s): N/A.
    Affected Public: Businesses.
    Respondent Universe: 728 railroads/340 Public Authorities.
    Frequency of Submission: On occasion.

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                                                                                Burden hours
                                                                                Total annual       dollar
              CFR section                  Respondent universe      Total annual responses    Average time per response    burden hours     equivalent
                                                                                cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
222.15--Waiver Petitions..............  784 Railroads/531 Public   2 petitions.............  4 hours....................               8            $584
                                         Authorities.
222.39--Applications to Establish       531 Public Authorities...  15 applications.........  80 hours...................           1,200          88,800
 Quiet Zone.
    --Diagnostic Team Review..........  531 Public Authorities...  3 team reviews..........  16 hours...................              48           3,504
    --Updated Crossing Inventory Forms  531 Public Authorities...  75 updated forms........  1 hour.....................              75           5,550
    --Copies of Quiet Zone Application  531 Public Authorities...  90 copies...............  10 minutes.................              15           1,110
    --Comments to FRA on Quiet Zone     784 Railroads/State        30 comments.............  1.5 hours..................              45           3,285
     Application.                        Agencies.
222.43--Written Notice of Public        216 Communities/Public     60 notices + 180          40 hours + 10 minutes......           2,430         179,820
 Authority Intent to Create New Quiet    Authorities.               notifications.
 Zone and Notification to Required
 Parties.
    --Updated Crossing Inventory Forms  216 Communities..........  300 updated forms.......  1 hour.....................             300          22,200
    --Comments on proposed Quiet Zone.  784 Railroads/State        120 comments............  4 hours....................             480          35,040
                                         Agencies.
    --Notice of Quiet Zone              531 Public Authorities...  60 notices + 360          40 hours + 10 minutes......           2,460         182,040
     Establishment + Notification to                                notifications.
     Required Parties.
    --Updated Crossing Inventory Forms  531 Public Authorities...  300 updated forms.......  1 hour.....................             300          22,200
    --Certification by CEO of Public    531 Public Authorities...  60 certifications.......  5 minutes..................               5             370
     Authority Regarding Accuracy of
     Information.
222.47--Periodic Updates: Written       531 Public Authorities...  213 written affirmations  30 minutes + 2 minutes.....             150          11,100
 Affirmation that Supplementary Safety                              + 1,278 copies (to
 Measures Implemented w/in Quiet Zone                               required parties).
 Conform to Rule or Terms of Approval.
    --Updated Crossing Inventory Forms  531 Public Authorities...  810 updated forms.......  1 hour.....................             810          59,940
222.51--Written Commitment to Lower     15 Public Authorities....  10 written commitments..  5 hours....................              50           3,700
 Risk to Traveling Public in Quiet
 Zones Exceeding Nationwide
 Significant Risk Threshold.
    --Comments Upon FRA Review of       3 Public Authorities.....  2 comments..............  30 minutes.................               1              74
     Quiet Zone Status.

222.55--Request for FRA Approval of     265 Interested Parties/..  1 letter................  30 minutes.................               1              74
 New Supplementary Safety Measures/
 Alternative Safety Measures (ASMs)
 for Quiet Zone.
    --Comments on New SSMs or ASMs....  265 Interested Parties/    5 comments..............  30 minutes.................               3             222
                                         General Public.
    --Request for SSM/ASM Approval -    265 Interested Parties...  1 letter................  30 minutes.................               1              74
     Demo.
222.57--Petition for FRA Review of      531 Public Authorities/    1 petition + 5 petition   60 minutes + 2 minutes.....               1              74
 Decision Granting or Denying a New      Interested Parties.        copies.
 SSM or ASM; Petition Copies to
 Relevant Parties.
    --Request for FRA Reconsideration   531 Public Authorities...  1 letter + 6 letter       5 hours + 2 minutes........               5             370
     of Disapproval of Quiet Zone +                                 copies.
     Party Copies.
    --Additional Documents to FRA as    531 Public Authorities...  1 additional document/    2 hours....................               2             148
     Follow-up to Petition for                                      set of materials.
     Reconsideration.
    --Letter Requesting FRA Informal    531 Public Authorities...  1 letter................  30 minutes.................               1              74
     Hearing.
222.59--Written Notice of Use of        531 Public Authorities...  5 notices + 30 notice     2.5 hours + 10 minutes.....              18           1,332
 Wayside Horn at Grade Crossing within                              copies.
 Quiet Zone + Party Copies.
    --Notice of Wayside Horn Outside    531 Public Authorities...  5 notices + 30 notice     2.5 hours + 10 minutes.....              18           1,332
     Quiet Zone.                                                    copies.
Appendix B--Public Authority Record     531 Public Authorities...  1 record................  500 hours..................             500          37,000
 Relating to Monitoring and Sampling
 Efforts at Grade Crossing in Quite
 Zone with Programmed Enforcement.
    --Public Authority Record Relating  531 Public Authorities...  1 record................  9 hours....................               9             666
     to Monitoring and Sampling
     Efforts at Grade Crossing in
     Quite Zone with Photo Enforcement.
222.129--Written Reports/Records of     784 Railroads............  300 reports/records.....  60 minutes.................             300          21,900
 Locomotive Horn Testing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Responses: 4,362.
    Total Estimated Annual Burden: 9,236 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$681,983.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Juan D. Reyes III,
Chief Counsel.
[FR Doc. 2018-24716 Filed 11-13-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30216-30219]
[FR Doc No: 2012-12226]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0696; FRL-9673-4]

Approval and Promulgation of Air Quality Implementation Plans;
Maine; Reasonably Available Control Technology (RACT) for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving several State Implementation Plan (SIP)
revisions submitted by the State of Maine Department of Environmental
Protection. These SIP revisions consist of a demonstration that Maine
meets the requirements of reasonably available control technology
(RACT) for oxides of nitrogen (NOX) and volatile organic
compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to
the 1997 8-hour ozone standard as well as several new and revised VOC
regulations. The intended effect of this action is to approve Maine's
RACT demonstration for satisfying the State's RACT SIP revision
obligation as of September 15, 2006, and to approve Maine's other
submitted SIP regulations. This action is being taken in accordance
with the CAA.

DATES: Effective Date: This rule is effective on June 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0696. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if
at all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
    Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the State Air Agency: Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, 5 Post Office Square--Suite 100, (Mail Code: OEP05-02), Boston,
MA 02109-3912, telephone number<PHONE_NUMBER>, fax number (617) 918-
0660, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    The following outline is provided to aid in locating information in
this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 15, 2012 (77 FR 15329), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Maine. The NPR proposed approval of
Maine's RACT demonstration for satisfying the State's RACT SIP revision
obligation as of September 15, 2006 and proposed approval of Maine's
five other submitted SIP regulations aimed at reducing VOC emissions.
Amongst Maine's other submitted SIP regulations are two amended
regulations and one newly adopted regulation, covering a total of four
of the 11 Control Techniques Guidelines (CTGs) issued since 2006. The
state must still address the remaining seven CTGs.
    A detailed explanation of the applicable NOX and VOC
RACT CAA requirements with respect to the 1997 8-hour ozone standard,
as well as EPA's analysis of Maine's RACT SIP submittal and Maine's
other VOC regulations were provided in the NPR and will not be restated
here. No public comments were received on the NPR.

II. Final Action

    EPA is approving Maine's RACT demonstration as meeting the state's
SIP revision obligation as of September 15, 2006 with respect to the
1997 8-hour ozone standard. EPA is also approving and incorporating
into the Maine SIP an amendment (A-459-71-D-A, also referred to as
``Amendment 2'') of the Air Emission License A-459-72-B-R
issued to the McCain Foods USA, Inc., Tatermeal facility.
    In addition, EPA is also approving the following Maine regulations
and incorporating them into the Maine SIP: Revised Chapter 131, Cutback
Asphalt and Emulsified Asphalt Regulation; revised Chapter 123, Control
of Volatile Organic Compounds from Paper, Film and Foil Coating
Operations; revised Chapter 129, Surface Coating Facilities; revised
Chapter 152, Control of Volatile Organic Compounds from Consumer
Products; and newly adopted Chapter 161, Graphic Arts--Lithography and
Letterpress Printing.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 23, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 8, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. Section 52.1020 is amended by:
0
a. Amending the table in paragraph (c) entitled ``EPA-Approved Maine
Regulations'' by revising entries for Chapters 123, 129, 131, and 152,
and adding a new entry in numerical order for Chapter 161.
0
b. Amending the table in paragraph (d) entitled ``EPA-Approved Maine
Source Specific Requirements'' by adding a new entry at the end of the
table for McCain Foods.
0
c. Amending the table in paragraph (e) entitled ``Maine Non
Regulatory'' by adding a new entry at the end of the table for
Reasonably Available Control Technology Demonstration (RACT).
    The revisions and additions read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State effective
          State citation              Title/subject           date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Chapter 123......................  Control of Volatile        05/18/2010  05/22/2012 [Insert
                                    Organic Compounds                      Federal Register
                                    from Paper, Film,                      page number where
                                    and Foil Coating                       the document
                                    Operations.                            begins].

                                                  * * * * * * *
Chapter 129......................  Surface Coating            04/16/2011  05/22/2012 [Insert
                                    Facilities.                            Federal Register
                                                                           page number where
                                                                           the document
                                                                           begins].

                                                  * * * * * * *
Chapter 131......................  Cutback Asphalt and        09/15/2009  05/22/2012 [Insert
                                    Emulsified Asphalt.                    Federal Register
                                                                           page number where
                                                                           the document
                                                                           begins].

                                                  * * * * * * *
Chapter 152......................  Control of Volatile        12/15/2007  05/22/2012 [Insert
                                    Organic Compounds                      Federal Register
                                    from Consumer                          page number where
                                    Products.                              the document
                                                                           begins].

                                                  * * * * * * *
Chapter 161......................  Graphic Arts--             04/06/2010  05/22/2012 [Insert
                                    Offset Lithography                     Federal Register
                                    and Letterpress                        page number where
                                    Printing.                              the document
                                                                           begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

                                 EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                         State effective
          Name of source                Permit No.            date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
McCain Foods USA, Inc., Tatermeal  Amendment 2 of Air                             Federal Register
                                    Emission License A-                    page number where
                                    459-72-B-R.                            the document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------

     (e) Nonregulatory.

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                       Applicable        State submittal
   Name of non regulatory SIP        geographic or       date/effective     EPA-approved date     Explanations
            provision              nonattainment area         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reasonably Available Control      Statewide..........  Submitted 08/27/    05/22/2012 [Insert
 Technology Demonstration (RACT)                        2009.               Federal Register
 for the 1997 8-hour Ozone                                                  page number where
 National Ambient Air Quality                                               the document
 Standard.                                                                  begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-12226 Filed 5-21-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80995-80996]
[FR Doc No: 2011-33121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66016; File No. SR-Phlx-2011-164]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Modify
the Fee Schedule for Co-Location Services

December 20, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 9, 2011, NASDAQ OMX PHLX (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed Fee Schedule change as described in Items I, II, and III
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify pricing for co-location services.
The text of the proposed rule change is available at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilingshttp://nasdaqbx.cchwallstreet.com/, at the Exchange's principal office, on the
Commission's Web site at http://www.sec.gov, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange is modifying its Fee Schedule regarding co-location
fees, Phlx Fee Schedule, Section X(a), to include a fee for an optional
cabinet choice. Currently co-location customers have the option of
obtaining several cabinet sizes and power densities. The co-located
customer may obtain a half cabinet, a low density cabinet, a medium
density cabinet, a medium-high density cabinet and a high density
cabinet. Each cabinet may vary in size and maximum power capacity.\3\
The fees related to the cabinet and power usage are incremental, with
additional charges being imposed based on higher levels of cabinet and/
or power usage, the use of non-standard cabinet sizes or special
cabinet cooling equipment. The co-location customer may obtain more
power by choosing a combination of lower power density cabinets.
However, the Exchange is providing a choice of a larger cabinet
(30W x 48 D x 96 H) with higher power
instead of combining several units for more power (>10kW <=17.3kW) with
an installation fee of $7,000; and an ongoing monthly fee of $15,000.
The co-location customer also has the option of a smaller cabinet
(24 W x 42 D x 84 H) with the same
power structure which would reduce the installation fee to $3,500 with
the same ongoing monthly fee of $15,000 per month.
---------------------------------------------------------------------------

    \3\ See Exchange Fee Schedule, Section X(a).
---------------------------------------------------------------------------

    Additionally, the Exchange is proposing to include a fee for a
super high density cabinet kit in the Phlx Fee Schedule, Section X(c).
The optional super high density cabinet requires additional customized
equipment to adequately cool the cabinet. The Exchange is proposing an
installation fee of $7,000 for the required customized equipment kit.
All fees are charged to recoup costs associated with the optional
cabinets while providing increased efficiency; and to the extent the
costs are covered, provide a profit to the Exchange.
    The Exchange is making the super high density cabinets available as
a convenience to customers, and notes that use of Exchange cabinets is
completely voluntary.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Section 6(b)(4) of the Act,\5\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls.
---------------------------------------------------------------------------

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

    The Exchange will incur costs for the super high-density cabinets
due to the additional costs incurred for the change in design of the
cabinets to meet the need of the client, and the costs incurred for
infrastructure to accommodate the proposed units as the cabinet design
is not of the same dimension as the current cabinets to accommodate new
server sizes. The Exchange will also incur additional costs for
personnel needed to monitor and support the new cabinets. The Exchange
looks to recoup the additional costs from all market participants that
opt to utilize the proposed cabinets. Thus, the price charged for the
proposed cabinets is equitable and just in that the proposed fees that
will be charged only to those that opt for the proposed super high-
density cabinets and will be based on the costs to develop and maintain
the system, as well as allowing the Exchange to earn a return on its
investment. Furthermore, because the proposed super high-density
cabinet option is entirely voluntary and available to all members, the
Exchange's fees for the purposed cabinet are not only equitably
allocated, but also non-discriminatory.
    Additionally, the Exchange is providing the additional cabinet
option to its co-located customers to provide greater efficiency for
their trading operations. In order to receive similar service under the
current structure, the co-located customer would need to combine
several currently provided cabinets. While the price may appear
initially similar, the co-located customer would incur additional
monthly interconnectivity costs for cabling to connect all the
cabinets. Additionally, having one super high-density cabinet to meet
the space and power requirements to operate the newly designed servers
reduces the additional latency that would be experienced by combining
several cabinets to achieve a similar result. The new design of the
super high-density cabinet allows the fit of more equipment in one unit
before reaching power capacity. For all the above reasons, the proposed
super high-density cabinets results in a more

efficient operation overall for the co-located customer.

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

    The Exchange does not believe that the proposed Fee Schedule change
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing Fee Schedule change has become effective pursuant to
Section 19(b)(3)(A)(ii) of the Act.\6\ At any time within 60 days of
the filing of the proposed Fee Schedule change, the Commission
summarily may temporarily suspend such rule change if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(a)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-Phlx-2011-164 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-Phlx-2011-164. 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
a.m. and 3 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-Phlx-2011-164, and should be
submitted on or before January 17, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33121 Filed 12-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60005-60008]
[FR Doc No: 2013-23729]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70489; File No. SR-NASDAQ-2013-120]

Self-Regulatory Organizations; the NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Modify Chapter XV, at Section 2 Governing Pricing for NASDAQ Members
Using the NASDAQ Options Market (``NOM'')

September 24, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on September 12, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASDAQ.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ is proposing changes to modify Chapter XV, entitled
``Options Pricing,'' at Section 2 governing pricing for NASDAQ members
using the NASDAQ Options Market (``NOM'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these 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 aspects of such
statements.

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

1. Purpose
    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,''
at Section 2(1) governing the rebates and fees assessed for option
orders entered into NOM. The Exchange proposes to (1) lower the Tier 6
volume threshold from 130,000 or more contracts per day in a month to
115,000 or more contracts per day in a month; (2) lower the Tier 7
volume threshold from 175,000 or more contracts per day in a month to
150,000 or more contracts per day in a month; and (3) include Non-Penny
Pilot Options Customer and/or Professional volume that adds liquidity
to compute the numerator in the calculation of percentage of total
industry customer equity and ETF option average daily volume to qualify
for certain tiers of the Customer or Professional Penny Pilot Options
rebate program.
    Today, the Exchange offers tiered Penny Pilot Options Rebates to
Add Liquidity to Customers,\3\ Professionals \4\ and NOM Market Makers
\5\ and a $0.10 per contract rebate in Penny Pilot Options to liquidity
added by Firms,\6\ Non-NOM Market Makers \7\ and Broker-Dealers.\8\
With respect to Customers and Professionals, the Exchange pays Penny
Pilot Options Rebates to Add Liquidity based on various criteria with
rebates currently ranging from $0.25 to $0.48 per contract as follows:
---------------------------------------------------------------------------

    \3\ The term ``Customer'' applies to any transaction that is
identified by a Participant for clearing in the Customer range at
The Options Clearing Corporation (``OCC'') which is not for the
account of broker or dealer or for the account of a ``Professional''
(as that term is defined in Chapter I, Section 1(a)(48).
    \4\ The term ``Professional'' means any person or entity that
(i) is not a broker or dealer in securities, and (ii) places more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s) pursuant to Chapter
I, Section 1(a)(48)). All Professional orders shall be appropriately
marked by Participants.
    \5\ The term ``NOM Market Maker'' is a Participant that has
registered as a Market Maker on NOM pursuant to Chapter VII, Section
2, and must also remain in good standing pursuant to Chapter VII,
Section 4. In order to receive NOM Market Maker pricing in all
securities, the Participant must be registered as a NOM Market Maker
in at least one security. NOM Market Maker Rebates range from $0.25
to $0.38 per contract depending on various criteria.
    \6\ The term ``Firm'' or (``F'') applies to any transaction that
is identified by a Participant for clearing in the Firm range at
OCC.
    \7\ The term ``Non-NOM Market Maker'' or (``O'') is a registered
market maker on another options exchange that is not a NOM Market
Maker. A Non-NOM Market Maker must append the proper Non-NOM Market
Maker designation to orders routed to NOM.
    \8\ The term ``Broker-Dealer'' or (``B'') applies to any
transaction which is not subject to any of the other transaction
fees applicable within a particular category.

------------------------------------------------------------------------
                                                              Rebate to
                       Monthly volume                            add
                                                              liquidity
------------------------------------------------------------------------
Tier 1 Participant adds Customer and/or Professional               $0.25
 liquidity of up to 0.20% of total industry customer equity
 and ETF option average daily volume (``ADV'') contracts
 per day in a month........................................
Tier 2 Participant adds Customer and/or Professional                0.40
 liquidity of 0.21% to 0.30% of total industry customer
 equity and ETF option ADV contracts per day in a month....
Tier 3 Participant adds Customer and/or Professional                0.43
 liquidity of 0.31% to 0.49% of total industry customer
 equity and ETF option ADV contracts per day in a month....
Tier 4 Participant adds Customer and/or Professional                0.45
 liquidity of 0.5% or more of total industry customer
 equity and ETF option ADV contracts per day in a month....
Tier 5 Participant adds (1) Customer and/or Professional            0.42
 liquidity of 25,000 or more contracts per day in a month,
 (2) the Participant has certified for the Investor Support
 Program set forth in Rule 7014, and (3) the Participant
 executed at least one order on NASDAQ's equity market.....

Tier 6 Participant has Total Volume of 130,000 or more              0.45
 contracts per day in a month, of which 25,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity....................................
Tier 7 Participant has Total Volume of 175,000 or more              0.47
 contracts per day in a month, of which 50,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity....................................
Tier 8 Participant (1) has Total Volume of 325,000 or more          0.48
 contracts per day in a month, or (2) Participant has Total
 Volume of 200,000 or more contracts per day in a month, of
 which 70,000 or more contracts per day in a month must be
 Customer and/or Professional liquidity or (3) adds
 Customer and/or Professional liquidity of 1.00% or more of
 national customer volume in multiply-listed equity and ETF
 options classes in a month................................
------------------------------------------------------------------------

    With respect to Customers and Professionals, the Exchange proposes
to modify the criteria for achieving Tiers 6 and 7, while continuing to
offer rebates ranging from $0.25 to $0.48 per contract. Specifically,
NASDAQ will change Tiers 6 and 7 as follows:

------------------------------------------------------------------------
                                                              Rebate to
                       Monthly volume                            add
                                                              liquidity
------------------------------------------------------------------------
Tier 6 Participant has Total Volume of 115,000 or more             $0.45
 contracts per day in a month, of which 25,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity....................................
Tier 7 Participant has Total Volume of 150,000 or more              0.47
 contracts per day in a month, of which 50,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity....................................
------------------------------------------------------------------------

    In addition, the Exchange proposes to include the volume
denominated as ``Customer'' and/or ``Professional'' that adds liquidity
in Non-Penny Pilot Options in the calculation of the above of total
industry customer equity and ETF option average daily volume (``ADV'')
contracts per day in a month. For example, a NOM Participants adds
Customer and/or Professional liquidity of 25,000 contracts per day on
Penny Pilot Options and 10,000 contracts per day in Non-Penny Pilot
Options. Total industry customer equity and ETF option average daily
volume is 10,000,000. Under the current program, the industry customer
equity and ETF option average daily volume would be .25% (25,000/
10,000,000). When the Non-Penny Pilot Options volume referenced above
is included, the percentage increases to .35% (35,000/10,000,000). The
Exchange believes the above proposal will incentivize NOM Participants
to increase the liquidity on the NOM market place.
2. Statutory Basis
    NASDAQ believes that the proposed rule changes are consistent with
the provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(4) of the Act,\10\ in particular, in that they provide for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which NASDAQ operates or controls as described in detail below.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable, fair and equitable,
and not unreasonably discriminatory to offer the opportunity to earn an
additional Penny Pilot Options Customer Rebate to Add Liquidity by
lowering the qualifications of Tiers 6 and 7, and by including Non-
Penny Pilot Options volume that adds liquidity in the calculation of
the total industry customer equity and ETF option ``ADV'' contracts per
day in a month (the ``Proposal''). The proposal is reasonable because
the added incentive encourages Participants to qualify for higher
Customer or Professional Penny Pilot Options rebate tiers. Participants
would be encouraged to add liquidity in both Penny Pilot and Non-Penny
Options liquidity because the Proposal provides for lower tiers and
additional volume to be counted toward earning rebates in Penny Pilot
Options. Further, by amending the calculation of the total industry
customer equity and ETF option ``ADV'' contracts per day in a month
improves the incentives to add Customer and/or Professional liquidity
on the Exchange for NOM Participants who would not otherwise benefit
from the Total Volume qualification metric employed as part of Tiers 6
and 7. Total Volume is defined at Chapter XV, Section 2(1) at note b as
Customer, Professional, Firm, Broker-Dealer, Non-NOM Market Maker and
NOM Market Maker volume in Penny Pilot Options and/or Non-Penny Pilot
Options which either adds or removes liquidity on NOM.
    The Exchange believes that offering Customers and Professionals the
continued opportunity to earn higher rebates by modifying its tiers is
reasonable because incentivizing Participants to select the Exchange as
a venue to post Customer and Professional liquidity will attract
additional order flow to the benefit of all market participants. Today
the Exchange also incentivizes NOM Market Makers to post liquidity by
offering NOM Market Makers rebates, which also benefit market
participants through increased order interaction. Firms, Non-NOM Market
Makers and Broker-Dealers are also offered rebates under the current
pricing structure.
    The Exchange believes that continuing to pay Customers and
Professionals tiered Rebates to Add Liquidity in Penny Pilot Options,
as compared to other market participants, is equitable and not unfairly
discriminatory because Customer order flow brings unique benefits to
the market through increased liquidity which benefits all market
participants. The Exchange believes that continuing to offer
Professionals the same Penny Pilot Options Rebates to Add Liquidity as
Customers is equitable and not unfairly discriminatory because the
Exchange believes that offering Professionals the opportunity to earn
the same rebates as Customers, as is the case today, and higher rebates
as compared to Firms, Broker-Dealers and Non-NOM Market Makers, and in
some cases NOM Market Makers, is equitable and not unfairly
discriminatory because the Exchange does not believe that the amount of
the rebate offered by the Exchange has a material impact on a
Participant's ability to execute orders in

Penny Pilot Options. By offering Professionals, as well as Customers,
higher rebates, the Exchange hopes to simply remain competitive with
other venues so that it remains a choice for market participants when
posting orders and the result may be additional Professional order flow
for the Exchange, in addition to increased Customer order flow.
    In addition, Participants may be unable to gauge the exact rebate
tier it would qualify for until the end of the month because
Professional volume would be commingled with Customer volume in
calculating tier volume.\11\ A Professional could only otherwise
presume the Tier 1 rebate would be achieved in a month when determining
price.\12\ Further, the Exchange initially established Professional
pricing in order to ``. . . bring additional revenue to the Exchange.''
\13\ The Exchange noted in the Professional Filing that it believes ``.
. . that the increased revenue from the proposal would assist the
Exchange to recoup fixed costs.'' \14\ The Exchange also noted there
that establishing separate pricing for a Professional, which ranges
between that of a Customer and market maker, accomplishes this
objective.\15\ The Exchange does not believe that providing
Professionals with the opportunity to obtain higher rebates equivalent
to that of a Customer creates a competitive environment where
Professionals would be necessarily advantaged on NOM as compared to NOM
Market Makers, Firms, Broker-Dealers or Non-NOM Market Makers. Also, a
Professional is assessed the same fees as other market participants,
except Customers and NOM Market Makers, as discussed herein.\16\ For
these reasons, the Exchange believes that continuing to offer
Professionals the same rebates as Customers is equitable and not
unfairly discriminatory. The Exchange believes that continuing to offer
NOM Market Makers the opportunity to earn higher rebates as compared to
Non-NOM Market Makers, Firms and Broker Dealers is equitable and not
unfairly discriminatory because NOM Market Makers add value through
continuous quoting \17\ and a commitment of capital. Firms, Non-NOM
Market Makers and Broker-Dealers would continue to be offered a $0.10
per contract Rebate to Add Liquidity in Penny Pilot Options, as is the
case today.\18\
---------------------------------------------------------------------------

    \11\ Customer and Professional volume is aggregated for purposes
of determining which rebate tier a Participant qualifies for with
respect to the Professional Rebate to Add Liquidity in Penny Pilot
Options.
    \12\ A Professional would be unable to determine the exact
rebate that would be paid on a transaction by transaction basis with
certainty until the end of a given month when all Customer and
Professional volume is aggregated for purposes of determining which
tier the Participant qualified for in a given month.
    \13\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066)
(``Professional Filing''). In this filing, the Exchange addressed
the perceived favorable pricing of Professionals who were assessed
fees and paid rebates like a Customer prior to the filing. The
Exchange noted in that filing that a Professional, unlike a retail
Customer, has access to sophisticated trading systems that contain
functionality not available to retail Customers.
    \14\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066).
    \15\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066). The Exchange
noted in this filing that it believes the role of the retail
customer in the marketplace is distinct from that of the
Professional and the Exchange's fee proposal at that time accounted
for this distinction by pricing each market participant according to
their roles and obligations.
    \16\ The Fee for Removing Liquidity in Penny Pilot Options is
$0.48 per contract for all market participants, except Customers and
NOM Market Makers. Customers are assessed $0.45 per contract and NOM
Market Makers would continue to be assessed $0.47 per contract.
    \17\ Pursuant to Chapter VII (Market Participants), Section 5
(Obligations of Market Makers), in registering as a market maker, an
Options Participant commits himself to various obligations.
Transactions of a Market Maker in its market making capacity must
constitute a course of dealings reasonably calculated to contribute
to the maintenance of a fair and orderly market, and Market Makers
should not make bids or offers or enter into transactions that are
inconsistent with such course of dealings. Further, all Market
Makers are designated as specialists on NOM for all purposes under
the Act or rules thereunder. See Chapter VII, Section 5.
    \18\ Similar to other market participants, Firms, Non-NOM Market
Makers and Broker-Dealers have the opportunity to earn a higher
Penny Pilot Options Rebate to Add Liquidity if they transact 15,000
contracts per day or more of Penny Pilot Options or Non-Penny Pilot
Options liquidity in a given month. The volume requirement for
Firms, Non-NOM Market Makers and Broker-Dealers to qualify for the
higher Penny Pilot Options Rebate to Add Liquidity is less than is
required to earn a Tier 1 Customer or Professional Rebate to Add
Liquidity in Penny Pilot Options or a Tier 1 NOM Market Maker Rebate
to Add Liquidity in Penny Pilot Option. The 15,000 contract
threshold for Firms, Non-NOM Market Makers and Broker-Dealers to
earn the Penny Pilot Options Rebate to Add Liquidity equates to
approximately 0.12% of the industry customer equity and ETF volume.
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.
    Customers have traditionally been paid the highest rebates offered
by options exchanges. The Exchange does not believe that continuing to
provide Professionals with the opportunity to obtain higher rebates
equivalent to that of a Customer creates an undue burden on competition
where Professionals would be necessarily advantaged on NOM as compared
to NOM Market Makers, Firms, Broker-Dealers or Non-NOM Market Makers
because the Exchange does not believe that the amount of the rebate
offered by the Exchange has a material impact on a Participant's
ability to execute orders in Penny Pilot Options.
    The Exchange believes the proposed pricing incentives contribute to
the overall health of the market and benefit all Participants willing
to choose to transact options on NOM. For the reasons specified herein,
the Exchange does not believe this proposal creates an undue burden on
competition.
    The Exchange operates in a hyper competitive market comprised of
twelve U.S. options exchanges in which many sophisticated and
knowledgeable market participants can readily and do send options order
flow of all types to competing exchanges if they deem fee levels or
rebate incentives at a particular exchange to be excessive or
inadequate. These market forces support the Exchange's belief that the
proposed rebate structure and tiers proposed herein are competitive
with rebates and tiers in place on other exchanges. The Exchange
believes that this competitive marketplace continues to materially
impact the rebates present on the Exchange today and substantially
influences the proposals set forth above.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \19\ and paragraph (f) of Rule 19b-4
thereunder.\20\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

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

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-NASDAQ-2013-120 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-NASDAQ-2013-120. 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 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; 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-NASDAQ-2013-120, and should
be submitted on or before October 21, 2013.

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

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23729 Filed 9-27-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Pages 76066-76067]
[FR Doc No: 2010-30637]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2004-16951]

Agency Information Collection Activities; Request for Comments;
Renewed Approval of Information Collection: Aircraft Liability
Insurance

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35, as amended), this notice announces the U.S.
Department of Transportation's (DOT) intention to request renewal of a
previously approved information collection.

DATES: Written comments should be submitted by February 7, 2011.

ADDRESSES: You may submit comments [identified by Docket Number DOT-
OST-2004-16951] by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lauralyn Remo, Chief, Air Carrier
Fitness Division (X-56), Office of Aviation Analysis, Office of the
Secretary, U. S. Department of Transportation, 1200 New Jersey Avenue,
SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Title: Aircraft Accident Liability
Insurance, 14 CFR part 205.
    OMB Control Number: 2106-0030.
    Type of Request: Renewal of a previously approved collection.
    Abstract: 14 CFR part 205 contains the minimum requirements for air
carrier accident liability insurance to protect the public from losses,
and directs that certificates evidencing appropriate coverage must be
filed with the Department.

    Respondents: U.S. and foreign air carriers.
    Estimated Number of Respondents: 5,308.
    Estimated Total Burden on Respondents: 6,900 hours.
    Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Department's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.
    All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.

    Issued in Washington, DC on November 30, 2010.
Todd M. Homan,
Director, Office of Aviation Analysis.
[FR Doc. 2010-30637 Filed 12-6-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61527-61529]
[FR Doc No: 2018-26038]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0633; Product Identifier 2018-NE-22-AD; Amendment
39-19470; AD 2018-21-12]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
General Electric Company (GE) GEnx-2B67, -2B67B, and -2B67/P turbofan
engines. This AD was prompted by low-cycle fatigue (LCF) cracking of
the fuel manifold leading to an engine fire. This AD requires removal
from service of certain fuel manifolds at the next engine shop visit
and their replacement with parts eligible for installation. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 4, 2019.

ADDRESSES: For service information identified in this final rule,
contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
[email protected]. You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2018-0633.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0633; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Herman Mak, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7147; fax:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain GE GEnx-2B67, -
2B67B, and -2B67/P turbofan engines. The NPRM published in the Federal
Register on August 3, 2018 (83 FR 38086). The NPRM was prompted by LCF
cracking of the fuel manifold leading to an engine fire. The NPRM
proposed to require removal from service of certain fuel manifolds at
the next engine shop visit and their replacement with parts eligible
for installation. We are issuing this AD to address the unsafe
condition on these products.

Revision to Related Service Information

    GE published GEnx-2B Service Bulletin (SB) 73-0038 R03, dated
August 17, 2018, to provide operators with instructions for replacing
the lower fuel manifold system when in the intermixed configuration.
This SB eliminates the need to replace the top main and lower fuel
manifolds in the shop.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comment received. The Boeing
Company supported the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting
this final rule as proposed.

Related Service Information

    We reviewed GE GEnx-2B SB 73-0038 R02, dated November 19, 2015, and
GEnx-2B SB 73-0038 R03, dated August 17, 2018. GE GEnx-2B SB 73-0038
R02, dated November 19, 2015 describes procedures for removing and
replacing the fuel manifold system with parts eligible for
installation. GE GEnx-2B SB 73-0038 R03, dated August 17, 2018
describes procedures for replacing the fuel manifold system when in the
intermixed configuration.

Costs of Compliance

    We estimate that this AD affects two engines installed on airplanes
of U.S.

registry. We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace fuel manifolds.............  220 work-hours x $85 per           $119,485        $138,185        $276,370
                                      hour = $18,700.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-21-12 General Electric Company: Amendment 39-19470; Docket No.
FAA-2018-0633; Product Identifier 2018-NE-22-AD.

(a) Effective Date

    This AD is effective January 4, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to General Electric Company (GE) GEnx-2B67, -
2B67B, and -2B67/P turbofan engines with top main fuel manifolds,
part numbers (P/Ns) 2419M11G01, 2561M11G01, or 2546M11G01, or lower
fuel manifolds, P/Ns 2419M12G01, 2561M12G01, or 2546M12G01,
installed.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7310, Engine Fuel
Distribution.

(e) Unsafe Condition

    This AD was prompted by low-cycle fatigue cracking of the fuel
manifold leading to an engine fire. We are issuing this AD to
prevent the failure of the fuel manifold. The unsafe condition, if
not addressed, could result in failure of the fuel manifold, engine
fire, and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    At the next engine shop visit, remove the applicable fuel
manifolds from service and replace with parts eligible for
installation.

(h) Installation Prohibition

    After the effective date of this AD, do not install top main
fuel manifolds, P/Ns 2419M11G01, 2561M11G01, or 2546M11G01, or lower
fuel manifolds, P/Ns 2419M12G01, 2561M12G01, or 2546M12G01.

(i) Definition

    For the purpose of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine case flanges, except for
the following situations, which do not constitute an engine shop
visit:
    (1) Separation of engine flanges solely for the purposes of
transportation of the engine without subsequent maintenance.
    (2) Separation of engine flanges solely for the purposes of
replacing the fan or propulsor without subsequent maintenance.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k) of this AD. You may email your request
to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    For more information about this AD, contact Herman Mak,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
[email protected].

(l) Material Incorporated by Reference

    None.

    Issued in Burlington, Massachusetts, on November 27, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-26038 Filed 11-29-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10276-10277]
[FR Doc No: 2022-03779]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0126]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Financial Responsibility Motor Carriers,
Freight Forwarders, and Brokers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The purpose of this
ICR, titled ``Financial Responsibility Motor Carriers, Freight
Forwarders, and Brokers,'' is to provide registered motor carriers,
property brokers, and freight forwarders a means of meeting financial
responsibility filing requirements. This ICR sets forth the financial
responsibility documentation requirements for motor carriers, freight
forwarders, and brokers as a result of the Agency's jurisdictional
statutes.

DATES: Comments on this notice must be received on or before March 25,
2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Mr. Lorenzo Allen, Lead Transportation
Specialist, Office of Registration & Safety Information, West Building
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 385-
2465, [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Financial Responsibility Motor Carriers, Freight Forwarders,
and Brokers.
    OMB Control Number: 2126-0017.
    Type of Request: Renewal.
    Respondents: For-hire Motor Carriers, Brokers, and Freight
Forwarders.
    Estimated Number of Respondents: 200,147.
    Estimated Time per Response: The estimated average burden per
response for Form BMC-40 is 40 hours. The estimated average burden per
response for forms BMC-34, 35, 36, 82, 83, 84, 85, 91, and 91X is 10
minutes per form. In addition, form BMC-32 takes 10 minutes.
    Expiration Date: February 28, 2022.
    Frequency of Response: Certificates of insurance, surety bonds, and
trust fund agreements are required when the transportation entity first
registers with FMCSA and then when such coverages are changed or
replaced by these entities. Notices of cancellation are required only
when such certificates of insurance, surety bonds, or trust fund
agreements are cancelled. The BMC-40 is filed only when a motor carrier
or freight forwarder seeks approval from FMCSA to self-insure its
bodily injury and property damage (BI & PD) and/or cargo liability
coverage.
    Estimated Total Annual Burden: 49,439 hours.
    Background: The Secretary of Transportation (Secretary) is
authorized to register for-hire motor carriers of property and
passengers under the provisions of 49 U.S.C. 13902, surface freight
forwarders under the provisions of 49 U.S.C. 13903, and property
brokers under the provisions of 49 U.S.C. 13904. These persons may
conduct transportation services only if they are registered pursuant to
49 U.S.C. 13901. The registration remains valid only as long as these
transportation entities maintain, on file with FMCSA, evidence of the
required levels of financial responsibility pursuant to 49 U.S.C.
13906. FMCSA regulations governing the financial responsibility
requirements for these entities are found at 49 CFR part 387. The
Secretary has delegated authority pertaining to these requirements to
FMCSA. The information collected from these forms are summarized and
displayed in FMCSA's Licensing and Information system.

Forms for Endorsements, Certificates of Insurance and Other Evidence of
BI & PD Liability and Cargo Liability Financial Responsibility

    Forms BMC-91 and BMC-91X, titled ``Motor Carrier Automobile Bodily
Injury and Property Damage Liability Certificate of Insurance,'' and
Form BMC-82, titled ``Motor Carrier Bodily Injury Liability and
Property Damage Liability Surety Bond Under 49 U.S.C. 13906,'' provide
evidence of the required coverage for BI & PD liability. A Form BMC-91X
filing is required when a carrier's insurance is provided by multiple
companies instead of just one. Form BMC-34, titled ``Household Goods
Motor Carrier Cargo Liability Certificate of Insurance,'' and Form BMC-
83, titled ``Household Goods Motor Carrier Cargo Liability Surety Bond
Under 49 U.S.C. 13906,'' establish a carrier's compliance with the
Agency's cargo liability requirements. Only household goods (HHG) motor
carriers and HHG freight forwarders are required to file evidence of
cargo insurance with FMCSA. Sec. Sec.  387.303T(c), 387.403T(c). Form
BMC-90, titled ``Endorsement for Motor Carrier Policies of Insurance
for Automobile Bodily Injury and Property Damage Liability Under
Section 13906, Title 49 of the United States Code,'' and Form BMC-32,
titled ``Endorsement for Household Goods Motor Carrier Policies of
Insurance for Cargo Liability Under 49 U.S.C. 13906,'' are executed by
the insurance company, attached to the BI & PD or cargo liability
insurance policy, respectively, and forwarded to the motor carrier or
freight forwarder.

Requirement To Obtain Surety Bond or Trust Fund Agreement

    Form BMC-84, titled ``Broker's or Freight Forwarder's Surety Bond
Under 49 U.S.C. 13906,'' and Form BMC-85, titled ``Broker's or Freight
Forwarder's Trust Fund Agreement under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,'' are filed by brokers or freight
forwarders to comply with the requirement that they must have a $75,000
surety bond or trust fund agreement in effect before FMCSA will issue
property broker or freight forwarder operating authority registration.

Cancellation of Prior Filings

    Form BMC-35, titled ``Notice of Cancellation Motor Carrier
Insurance under 49 U.S.C. 13906,'' Form BMC-36, titled ``Motor Carrier
and Broker's Surety Bonds under 49 U.S.C. 13906 Notice of
Cancellation,'' and Form BMC-85, titled ``Broker's or Freight
Forwarder's Trust Fund Agreement under 49 U.S.C. 13906 or Notice of
Cancellation of the Agreement,'' can be used to cancel prior filings.

Self-Insurance

    Motor carriers and freight forwarders can also apply to FMCSA to
self-insure BI & PD and/or cargo liability in lieu of filing
certificates of insurance or surety bonds with the FMCSA. Form BMC-40
is the application used by motor carriers to apply for self-insurance
authority.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator.
[FR Doc. 2022-03779 Filed 2-22-22; 8:45 am]
BILLING CODE 4910-EX-P