[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Rules and Regulations]
[Page 35660-35666]
[DOCID:fr23jn10-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2010-0468; FRL-9165-8]

Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Commonwealth of Massachusetts has applied to EPA for final
authorization of certain changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization and is authorizing the State's changes through this
immediate final action.

DATES: This final authorization will become effective on August 23,
2010 unless EPA receives adverse written comment by July 23, 2010. If
EPA receives such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take immediate effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0468, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>, to the attention of Robin Biscaia.
     Mail: Robin Biscaia, RCRA Waste Management Section, Office
of Site Remediation and Restoration (OSRR 07-

1), EPA New England--Region 1, 5 Post Office Square, Suite 100, Boston,
MA 02109-3912.
     Hand Delivery or Courier: Deliver your comments to: Robin
Biscaia, RCRA Waste Management Section, Office of Site Remediation and
Restoration (OSRR 07-1), EPA New England--Region 1, 5 Post Office
Square, Suite 100, Boston, MA 02109-3912. Such deliveries are only
accepted during the Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Identify your comments as relating to Docket ID No.
EPA-R01-RCRA-2010-0468. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or claimed to be other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
dockets/index.htm.
    Docket: EPA has established a docket for this action under Docket
ID No. EPA-R01-RCRA-2010-0468. All documents in the docket are listed
on the www.regulations.gov web site. Although it may be listed in the
index, some information might not be publicly available, e.g., 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 following two
locations: (i) Massachusetts Department of Environmental Protection,
Business Compliance Division, One Winter Street--8th Floor, Boston, MA
02108, business hours Monday through Friday 9 a.m. to 5 p.m., tel:
(617) 556-1096; and (ii) EPA Region I Library, 5 Post Office Square,
1st Floor, Boston, MA 02109-3912, by appointment only,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, Hazardous Waste Unit,
RCRA Waste Management Section, Office of Site Remediation and
Restoration (OSRR 07-1), EPA New England--Region 1, 5 Post Office
Square, Suite 100, Boston, MA 02109-3912; telephone number: (617) 918-
1642; fax number:<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We have concluded that Massachusetts's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Massachusetts
final authorization to operate its hazardous waste program with the
changes described in the authorization application. The Massachusetts
Department of Environmental Protection (MassDEP) has responsibility for
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within
its borders and for carrying out the aspects of the RCRA program
covered by its revised program application, subject to the limitations
of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement any such requirements and prohibitions in Massachusetts,
including issuing permits, until the State is granted authorization to
do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Massachusetts
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. Massachusetts has enforcement responsibilities under
its State hazardous waste program for violations of such program, but
EPA also retains its full authority under RCRA sections 3007, 3008,
3013, and 7003, which includes, among others, authority to:
     Perform inspections, and require monitoring, tests,
analyses or reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions
    This action does not impose additional requirements on the
regulated community because the regulations for which Massachusetts is
being authorized by today's action are already effective under State
law, and are not changed by today's action.

D. Why wasn't there a proposed rule before this rule?

    EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect adverse comments
that oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule based upon this proposed rule that also
appears in today's Federal Register. You

may not have another opportunity to comment. If you want to comment on
this authorization, you should do so at this time.
    If we receive adverse comments that oppose only the authorization
of a particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.

F. What has Massachusetts previously been authorized for?

    The Commonwealth of Massachusetts initially received Final
Authorization on January 24, 1985, effective February 7, 1985 (50 FR
3344), to implement its base hazardous waste management program. This
authorized base program generally tracked Federal hazardous waste
requirements through July 1, 1984. In addition, the EPA previously has
authorized particular Massachusetts regulations which address several
of the EPA requirements adopted after July 1, 1984. Specifically, on
September 30, 1998, the EPA authorized Massachusetts to administer the
Satellite Accumulation rule, effective November 30, 1998 (63 FR 52180).
Also, on October 12, 1999, the EPA authorized Massachusetts to
administer the Toxicity Characteristics rule (except with respect to
Cathode Ray Tubes), and the Universal Waste rule, effective immediately
(64 FR 55153). On November 15, 2000, the EPA granted interim
authorization for Massachusetts to regulate Cathode Ray Tubes under the
Toxicity Characteristics rule through January 1, 2003, effective
immediately (65 FR 68915). This interim authorization subsequently was
extended to run through January 1, 2006 (67 FR 66338, October 31, 2002)
which was then further extended until January 1, 2011 (70 FR 69900,
November 18, 2005). On March 12, 2004, EPA authorized the State for
updates to its hazardous waste program which generally track Federal
requirements through the July 1, 1990 edition of Title 40 of the Code
of Federal Regulations (and in some cases beyond), with respect to
definitions and miscellaneous provisions, provisions for the
identification and listing of hazardous wastes and standards for
hazardous waste generators; it also approved a State-specific
modification to the Federal hazardous waste regulations regarding
recyclable materials under an ECOS flexibility project; and finally it
approved Massachusetts site-specific regulations developed under the
Project XL, New England Universities Laboratories XL Project (69 FR
11801, March 12, 2004), effective immediately. On January 31, 2008 EPA
authorized Massachusetts for revisions to the state's hazardous waste
management program addressing Federal requirements for Corrective
Action, Radioactive Mixed Waste, and the Hazardous Waste Manifest
revisions; the authorization also addressed various changes the state
had recently made to its base program regulations, including the
hazardous waste exemption for dredged material regulated under the
Federal Clean Water Act, requirements relating to elementary
neutralization, an exemption for dental amalgam being recycled, a State
regulation which allows for the waiving of state requirements that are
more stringent than the Federal RCRA counterparts, updates to interim
status facilities requirements and, finally, an extension of the
special regulations governing the New England Universities'
Laboratories XL project (73 FR 5753, January 31, 2008), effective March
31, 2008.

G. What changes are we authorizing with this action?

    On June 3, 2010, Massachusetts submitted a final complete program
revisions application seeking authorization for its changes in
accordance with 40 CFR 271.21. In particular, Massachusetts is seeking
authorization for the Land Disposal Restrictions element of the RCRA
program. Massachusetts also is seeking authorization for other updates
and revisions to its RCRA program.
    The State's authorization application includes a copy of MassDEP's
Hazardous Waste Regulations, effective April 16, 2010, checklists
comparing the Federal and state regulations and an Attorney General's
Statement.
    We are now making an immediate final decision, subject to
reconsideration only if we receive written comments that oppose this
action, that Massachusetts' hazardous waste revisions satisfy all of
the requirements necessary to qualify for final authorization.
Therefore, we grant Massachusetts final authorization for the program
changes identified below. Note, the Federal requirements are identified
by their rule revision checklist (CL) number or by direct reference to
a Federal regulation, and are followed by the corresponding State
regulatory analogs from the Massachusetts Hazardous Waste regulations,
310 CMR 30.0000, as in effect on April 16, 2010.
    With respect to the Land Disposal Restrictions (LDR) element of the
RCRA program, we are authorizing the Massachusetts regulations listed
below which relate to the Federal Land Disposal Restriction LDR rule
revision checklists or portions thereof identified in the Special
Consolidated Checklist for the LDR rules as of June 30, 1992 as well as
the Special Consolidated Checklist for the Phases I-IV LDRs as of
December 31, 2002: Federal--CL 34 [51 FR 40572, November 7, 1986, 52 FR
21010, June 4, 1987]; CL 39 [52 FR 25760, July 8, 1987, 52 FR 41295,
October 27, 1987]; CL 50 [53 FR 31138, August 17, 1988, 54 FR 8264,
February 27, 1989]; CL 62 [54 FR 18836, May 2, 1989]; CL 63 [54 FR
26594, June 23, 1989]; CL 66 [54 FR 36967, September 6, 1989, 55 FR
23935, June 13, 1990]; CL 78 [55 FR 22520, June 1, 1990]; CL 83 [56 FR
3864, January 31, 1991]; CL 95 [56 FR 41164, August 19, 1991]; CL 102
[57 FR 8086, March 6, 1992]; CL 103 [57 FR 20766, May 15, 1992]; CL 106
[57 FR 28628, June 26, 1992]; CL 109 [57 FR 37194, August 18, 1992]; CL
116 [57 FR 47772, October 20, 1992]; CL 123 [58 FR 28506, May 14,
1993]; CL 124 [58 FR 29860, May 24, 1993]; CL 136 [59 FR 43496, August
24, 1994]; CL 137 [59 FR 47982, September 19, 1994, 60 FR 242, January
3, 1995]; CLs 142A-142E [60 FR 25492, May 11, 1995]; CL 151 [61 FR
15566, April 8, 1996, 61 FR 15660, April 8, 1996, 61 FR 19117, April
30, 1996, 61 FR 33680, June 28, 1996, 61 FR 36419, July 10, 1996, 61 FR
43924, August 26, 1996, and 62 FR 7502, February 19, 1997]; CL 155 [62
FR 1992, January 14, 1997]; CL 157 [62 FR 25998, May 12, 1997];
Revision CL 159 [62 FR 32974, June 17, 1997]; CL 160 [62 FR 37694, July
14, 1997]; CL 161 [62 FR 45568, August 28, 1997]; CL 162 [62 FR 64504,
December 5, 1997]; CLs 167A, 167B, 167C and 167C.1 [63 FR 28556, May
26, 1998, 63 FR 31266, June 8, 1998]; CL 169 [63 FR 42110, August 6,
1998; 63 FR 54356, October 9, 1998]; CL 170 [63 FR 46332, August 31,
1998]; CL 171 [63 FR 47410 (September 4, 1998)]; CL 172 [63 FR 48124,
September 9, 1998]; CL 173 [63 FR 51254, September 24, 1998]; CL 179
[64 FR 2548, May 11, 1999]; CL 181 [64 FR 36466, July 6, 1999]; CL 182
[64 FR 52828, September 30, 1999]; CL 183 [64 FR 56469, October 20,
1999]; CL 185 [65 FR 14472, March 17, 2000]; CL 187 [64 FR 36365, June
8, 2000]; CL 189 [65 FR 67068, November 8, 2000]; CL 190 [65 FR 81373,
December 26, 2000]; CL 192B [66 FR 27266, May 16, 2001]; CL 195 [66 FR
58258, November 20, 2001, 67 FR 17119, April 9, 2002]; CL 200 [67 FR
48393, July 24, 2002] and CL 201 [67 FR 62618, October 7, 2002]:
State--310

CMR 3.10, 3.14, 30.010 (definitions of ``containment building,''
``debris,'' ``hazardous constituent or constituents,'' ``hazardous
debris,'' ``land disposal,'' ``miscellaneous unit,'' ``pile,'' ``PCBs
or polychlorinated biphenyls''), 30.002, 30.003, 30.010 (intro.),
30.012(1), 30.099(1), 30.099(3), 30.099(6)(a), 30.099(6)(b),
30.099(6)(c), 30.099(6)(g), 30.099(6)(h), 30.099(6)(i), 30.099(6)(j),
30.099(6)(q), 30.099(6)(t), 30.101, 30.103(1), 30.103(2) with respect
to Federal wastes, 30.103(3), 30.104(2)(e)2(a)-(b), 30.104(2)(e)(3),
30.104(2)(w), 30.104(3)(a), 30.140(1)(f), 30.106(1), 30.122(1),
30.122(1)(c) and (d), 30.122(2), 30.123(2), 30.124(2), 30.125(2),
30.131 (addition of F039), 30.133(1)(c), 30.136(1)(c), 30.141(1),
30.162, 30.231(1) as it relates to Federally regulated materials,
30.231(6), 30.294(2), 30.301(3), 30.302(3)-(5), 30.302(1)-(5),
30.340(1), 30.340(2), 30.340(4), 30.341(2), 30.351(1)(b), 30.351(1)(c),
30.351(1)(d), 30.351(10)(h), 30.353(1)(b)-(c), 30.353(2), 30.353(3),
30.353(6)(c), 30.408(2), 30.501(1), 30.501(2)(h), 30.513(1)(a)-(b),
30.513(2)(a)5, 30.513(2)(a)6.a.-c., 30.542(2)(c), 30.542(2)(i)(1)-(3),
30.542(2)(j)-(o), 30.591, 30.601(1), 30.602(16), 30.616(1)(a)-(b),
30.628(1), 30.629(1)-(2), 30.630, 30.630(5), 30.646(1)(a)-(b),
30.657(1)(a)-(b), 30.700 (intro.), 30.750(1)(a)-(b), 30.750(1)(c)2,
30.750(1)(c)3, 30.750(2)(a)-(h), 30.750(3)(a) Table 1, 30.750(3)(b)
Table 2, 30.750(3)(c) Table 3, 30.750(3)(d)1-15, 30.804(28), 30.804(5),
30.829, 30.852 Table (B.1.b, B.1.c and H.1), 30.901(1)(a), 30.903,
30.905, 30.1103(2).
    Because Massachusetts has not yet adopted certain waste listings
that were promulgated under the authority of the Hazardous and Solid
Waste Amendments (HSWA), we are not authorizing the Commonwealth for
Land Disposal Restrictions related to these wastes at this time. As
such, EPA will retain authority over the following hazardous waste
listings until the State adopts and is granted authorization in a
future rulemaking: F032 (Wood Preserving Wastes); K141, K142, K143,
K144, K145, K147, and K148 (Coke By-Product Wastes); K156, K157, K158,
K159, K161, P127, P128, P185, P188, P189, P190, P191, P192, P194, P196,
P197, P198, P199, P201, P202, P203, P204, P205, U271, U278, U279, U280,
U364, U367, U372, U373, U387, U389, U394, U395, U404, U409, U410, and
U411 (Carbamate Wastes); K169, K170, K171 and K172 (Petroleum Refining
Wastes); K174 and K175 (Organic Chemicals); and, K176 and K177
(Inorganic Chemicals). Regulated entities in Massachusetts will need to
comply with the LDR requirements for these wastes, but it is the
Federal rather than the State LDR requirements that will continue to
apply.
    We also are authorizing the following other updates and revisions
to the Massachusetts RCRA program: Federal: CL 3--Interim Status
Standards Applicability [48 FR 52718-52720, November 22, 1983]--State:
30.099(1); Federal: CL 10--Interim Status Standards Applicability [49
FR 46094-46095, November 21, 1984]--State: 30.099(1); Federal: CL 15--
Interim Status Standards for Treatment, Storage, and Disposal
Facilities [50 FR 16044-16048, April 23, 1985]--State: 30.099(6)(b)8,
30.099(6)(g), 30.099(6)(i), 30.099(6)(j), and 30.630; Federal: interim
status facility requirements at 40 CFR part 265--State: editorial
change at 30.099(4)(b); Federal: requirements under subpart N,
Landfills, 40 CFR 265.300 to 265.316--State: editorial change at
30.099(6)(j); Federal: interim status requirements under subpart O,
Incinerators, 40 CFR 265.340 to 265.352--State: updated incorporation
of Federal requirements by reference at 30.099(6)(k); Federal: interim
status requirements under subpart P, Thermal Treatment, 40 CFR 265.370
to 265.383--State: updated incorporation of Federal requirements by
reference at 30.099(6)(l); Federal: interim status requirements under
subpart Q, Chemical, Physical and Biological Treatment, 40 CFR 265.400
to 265.406--State: updated incorporation of Federal requirements by
reference at 30.099(6)(m); Federal: interim status requirements under
subpart AA, Air Emission Standards for Process Vents, 40 CFR 265.1030
to 265. 1035--State: updated incorporation of Federal requirements by
reference at 30.099(6)(o); Federal: interim status requirements under
subpart BB--Air Emission Standards for Equipment Leaks, 40 CFR 265.1050
to 265.1064--State: updated incorporation of Federal requirements by
reference at 30.099(6)(p); Federal: requirements relating to subpart S,
40 CFR 264.552 (Corrective Action Management Units), Sec.  264.553
(Temporary Units), and Sec.  264.554 (Staging Piles)--State:
specification that interim status facilities are subject to such
additional requirements at 30.099(6)(s); Federal: subpart CC, Air
Emission Standards for Tanks, Surface Impoundments and Containers, at
interim status facilities, 40 CFR 265.1080 to 265.1090--State:
30.099(6)(u); Federal: corrective action requirements at 40 CFR
264.101--State: updated incorporation of Federal regulations by
reference at 30.099(13)(d); Federal: CL 16--Paint Filter Test [50 FR
18370-18375, April 30, 1985]--State: 30.099(6)(a)(1) and (2),
30.099(6)(j), 30.629(1) and (2), 30.513(2)(a)5, and 30.542(c) and (g);
Federal: CL 17A--Small Quantity Generators [50 FR 28702, July 15,
1985]--State: portions not previously authorized, 30.102(2)(c),
30.405(9), 30.801(1) and (2), and 30.099(2)(a)1 and 2; Federal: CL
17B--Delisting [54 FR 27114, June 27, 1989]--State: 30.142(1) and (2);
Federal: CL 17E--Location Standards for Salt Domes, Salt Beds,
Underground Mines and Caves [50 FR 28702, July 15, 1985]--State: 30.707
and 30.099(10); Federal: CL 17F--Liquids in Landfills I [51 FR 19176,
May 28, 1986]--State: 30.629, 30.620(1), 30.099(6)(j), and
30.804(19)(g); Federal: CL 17G--Dust Suppression [50 FR 28702, July 15,
1985]--State: 30.231(1) and 30.205(13) as it relates to Federally
regulated materials; Federal: CL 17M--Pre-construction Ban [50 FR
28702, July 15, 1985]--State: 30.801, 30.801(12), and 30.501(3);
Federal: CL 17N--Permit Life [50 FR 28702, July 15, 1985]--State:
30.827, 30.851(3), and 30.851(3)(a)3; Federal: CL 17S--Exposure
Information [50 FR 28702, July 15, 1985]--State: 30.804, 30.804(18)(n),
and 30.804(19)(n); Federal: CL 23--Generators of 100 to 1000 kg
Hazardous Waste [51 FR 10146-10176, March 24, 1986]--State: portions
not previously authorized, 30.102(2)(c), 30.405(9), 30.801(1) and (2),
and 30.099(2)(a)1 and 2; Federal: CL 25--Codification Rule, Technical
Correction [51 FR 19176-19177, May 28, 1986]--State: 30.099(6)(j);
Federal: CL 40--List (Phase 1) of Hazardous Constituents for Ground-
water Monitoring [52 FR 25942-25953, July 9, 1987]--State: 30.161,
30.664(6)(a), 30.664(7)(b), 30.664(7)(d), 30.671(6) and 30.804(23)(d)2;
Federal: CL 44E--Permit as a Shield Provision [52 FR 45788-45799,
December 1, 1987]--State: 30.812 and 30.851(3)(a)3; Federal: CL 44F--
Permit Conditions to Protect Human Health and the Environment [52 FR
45788-45799, December 1, 1987]--State: 30.804 (intro.) and 30.827;
Federal: CL 45 and 59--Hazardous Waste Miscellaneous Units and
Corrections [52 FR 46946, December 10, 1987, and 54 FR 615, January 9,
1989]--State: 30.010 definition of ``landfill'' and ``miscellaneous
unit,'' 30.502(1)(f), 30.515(2)(c), 30.542(2)(g), 30.582, 30.583(1)(h),
30.585, 30.592(1)(a) and (b), 30.593(1), 30.606, 30.661(1) and (4),
30.700, 30.701, 30.701(7), 30.804(8), (12), (13) and (27),
30.901(1)(b), 30.903(1), 30.905(1), and 30.908(2); Federal: CL 52--
Hazardous Waste Management System; Standards for

Hazardous Waste Storage and Treatment Tank Systems [53 FR 34079,
September 2, 1988]--State: 30.010, 30.099(6)(b) and (6)(b)8,
30.099(6)(f), 30.585, 30.691(1) and (2), and 30.694(6)(c); Federal: CL
81 and 89--Petroleum Refinery Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038) and Amendments [55 FR 46354,
November 2, 1990, as amended at 55 FR 51707, December 17, 1990 and 56
FR 21955, May 13, 1991]--State: 30.130; 30.131; and 30.162; Federal: CL
86--Removal of Strontium Sulfide from the List of Hazardous Wastes [56
FR 7567, February 25, 1991]--State: 30.136 and 30.160; Federal: CL
115--Chlorinated Toluenes Production Waste Listing [57 FR 47376,
October 15, 1992]--State: 30.132 and 30.162; Federal: CL 132--Wood
Surface Protection, Correction [59 FR 28484, June 2, 1994]--State:
30.012(1)(k); Federal: CL 140--portions relating to waste listing for
P188, Physostigmine Salicylate and P204, Physostigmine [60 FR 7824,
February 9, 1995 as amended at 60 FR 19165, April 17, 1995 and at 60 FR
25619, May 12, 1995]--State: 30.136 and 30.160; Federal: CL 192A--
Mixture and Derived-From Rules Revisions, only as it relates to
medicinal nitroglycerin, and the conditional exemption for low-level
mixed waste [66 FR 27266, May 16, 2001]--State: 30.104(2)(v) and
30.104(3)(g); Federal: CL 193--Change of Official EPA Mailing Address
[66 FR 34374, June 28, 2001]--State: 30.012(1)(k); Federal: CL 206--
Non-wastewaters from Dyes and Pigments Waste Listing [70 FR 9138,
February 24, 2005 as amended at 70 FR 35032, June 16, 2005]--State:
30.132, 30.160, 30.162, and 30.750(1)(a); Federal: CL 207--Uniform
Hazardous Waste Manifest Revisions, [70 FR 10776, March 4, 2005]--
State: corrections to previously authorized State definitions in
30.010; Federal: dredged material exemption at 40 CFR 261.4(g)--State:
formatting corrections to previously authorized State regulations
30.104(3)(f)-(g); Federal: conditional exemption of waste pickle liquor
sludge at 40 CFR 261.3(c)(2)(ii)(A)--State: 30.104(2)(e)(1); Federal:
40 FR 261.4(b), solid wastes which are not hazardous--State: updated
incorporation of Federal requirements at 30.104(2)(m); Federal: listing
criteria at 40 CFR 261.11--State: updated incorporation of Federal
requirements by reference at 30.112(1)(b) and (c); Federal: Appendix I
to 40 CFR part 261 regarding representative sampling methods--State:
clarification at 30.151 that the Department incorporates by reference
Appendix I to 40 CFR part 261; Federal: test method for determining the
characteristic of ignitability at 40 CFR 261.21(a)(1)--State: update to
reference at 30.152(1)(a) to reflect incorporation of reference at
30.012; Federal: test methods for corrosivity at 40 CFR 261.22(a)--
State: update to test methods and references at 30.153(1) and (2);
Federal: reference to test method 9095B in EPA publication SW-846
(paint filter liquids test) at 40 CFR part 260.11(c)(3)--State:
modification of 30.156 to reflect current paint filter test method;
Federal: exports of industrial ethyl alcohol for reclamation at 40 CFR
261.6(a)(3)(i)(A) and (B)--State: updated incorporation of Federal
requirements by reference at 30.212(2); Federal: 40 CFR 262.21--State:
updated incorporation of Federal requirements by reference at 30.316;
Federal: Waste minimization certification at 40 CFR 262.27--State:
updated incorporation of Federal requirements by reference at 30.317;
Federal: 40 CFR part 262, subparts E and F regarding imports and
exports of hazardous waste--State: updated incorporations of Federal
requirements by reference at 30.361(1) and (2); Federal: 263.20(a)(2)
relating to exports--State: updated incorporation of Federal
requirements by reference at 30.405(8); Federal: 40 CFR 263.30(c)--
State: update of 30.413(2)(b)-(c); Federal: 40 CFR 264.1(g)(3)--State:
update of 30.501(2)(a) and 30.601(2)(a); Federal 40 CFR 264.1(g)(6)--
State: clerical error correction at 30.501(2)(d); Federal: 40 CFR
264.56(a)--State: clerical error corrections at 30.524(6)(c)1; Federal:
40 CFR 264.70 relating to manifests--State: update of 30.541; Federal:
40 CFR 262.41(a)(6), 264.75(h), and 265.75(h) related to toxicity and
waste reduction under biennial reporting--State: general update of
30.542(2)(h); Federal: Corrective Action requirements related to 40 CFR
264.101, 264.552, 264.553 and 40 CFR 265.121--State: update of
incorporated Federal references at 30.602(9), 30.602(10)(c)3,
30.602(12) and 30.602(13); Federal: 40 CFR 264.1(g)(10)--State:
clerical error correction at 30.603(1)(a); Federal: 40 CFR 264.221(b)
regarding surface impoundments--State: update of 30.613(4)(a)1-3;
Federal: 40 CFR 264.251(a)(2)--State: clerical error correction at
30.641(1)(b); Federal: 40 CFR 264.273(d)--State: clerical error
correction at 30.654(6); Federal: 40 CFR 264.193--State: clerical error
correction at 30.694(4)(a)2; Federal: Facility location standards at 40
CFR 264.18--State: update to provisions at 30.700 (intro.), 30.701
(intro.), 30.701(7)(a) and 30.703 (Figure, clerical error correction);
Federal: 40 CFR 270.1(c)(3)(i), exclusions from requirement to obtain a
Part B permit--State: general update at 30.801(11); Federal: Content of
Part B at 40 CFR 270.14(b)(2)--State: update of 30.804(5) to include
hazardous debris; Federal: 40 CFR 270.14(c) Content of Part B,
additional requirements--State: updated incorporation of Federal
groundwater monitoring requirements at 40 CFR 265.90-265.94 by
reference at 30.804(23)(a); Federal: 40 CFR 264.144(b) regarding annual
inflation adjustment of cost estimate for post-closure care--State:
revision at 30.905(2) to reflect time frame consistent with Federal
requirement; Federal: hazardous waste requirements in 40 CFR parts 260
to 279--State: 30.004 (effective dates for all state regulations
utilized to meet these Federal requirements and 30.011 (general updated
incorporation of Federal requirements by reference).
    Today's final authorization of State regulations and regulation
changes is in addition to the previous authorizations of State
regulations which remain part of the authorized program.

H. Where are the revised State rules different from the Federal rules?

    The most significant differences between the State rules being
authorized and the Federal rules are summarized below. It should be
noted that this summary does not describe every difference, or every
detail regarding the differences that are described. Members of the
regulated community are advised to read the complete regulations to
ensure that they understand all of the requirements with which they
will need to comply.
    A further explanation regarding why the EPA is today classifying
certain State regulations as more stringent versus other State
regulations as broader in scope than the Federal regulations is
provided in a memorandum entitled ``More Stringent and Broader in Scope
Determinations Made in 2010 Massachusetts RCRA Program Authorization,''
by Jeffry Fowley of the Office of Regional Counsel, dated June 2010.
This memorandum has been placed in the administrative record and is
available upon request.
    In addition to the differences between the State regulations and
the Federal regulations as of July 1, 2008, described in items 1 and 2,
below, the State rules are different from the current (2010) Federal
rules in that the State has not adopted the EPA's Definition of Solid
Waste (DSW) Rule, which took effect at the Federal level on December
29, 2008. Since today's authorization of the State regulations
addresses Federal

requirements only through July 1, 2008, and since the EPA currently is
considering whether to revise the DSW Rule, this authorization
rulemaking does not address the extent to which not adopting the DSW
makes particular State requirements more stringent versus broader in
scope. Rather, consideration of this matter is deferred.

1. More Stringent Provisions

    There are aspects of the Massachusetts program which are more
stringent than the Federal program. Pursuant to 40 CFR 271.1(i)(1), all
of these more stringent requirements are, or will become, part of the
Federally enforceable RCRA program when authorized by the EPA and must
be complied with in addition to the State requirements which track the
minimum Federal requirements. These more stringent State requirements
include the following: (a) The use of underground injection as a means
of land disposal is prohibited within Massachusetts. Thus, in adopting
the LDR requirements, Massachusetts did not adopt any provisions
allowing such use of underground injection; (b) Massachusetts regulates
hazardous waste pesticides discarded by farmers under its universal
waste regulations, rather than tracking only the minimum Federal
requirements in 40 CFR 262.70. Thus, in adopting the LDR requirements,
Massachusetts did not adopt the exemption from LDR requirements for
these hazardous waste pesticides; (c) Massachusetts does not allow the
land disposal of lab packs, or ignitable or reactive hazardous wastes,
within Massachusetts. Thus, in adopting the LDR requirements,
Massachusetts did not adopt any provisions allowing for such land
disposal of these wastes; (d) The waiver and variance provisions for
surface impoundments in 40 CFR 268.4(a)(3)(ii) and (iii) are
inapplicable in Massachusetts. Also, variances from the treatment
standards in 40 CFR 268.44(h) through (o) are not granted by
Massachusetts; (e) Massachusetts generally does not allow generators to
treat without permits/licenses in containers and tanks. Thus, in
adopting the LDR requirements, Massachusetts did not adopt any
provisions allowing for such treatment; and (f) Massachusetts does not
allow generators or permitted/licensed facilities to operate
containment buildings. Thus, in adopting the LDR requirements,
Massachusetts did not adopt any provisions allowing for such entities
to operate containment buildings.

2. Broader-in-Scope Provisions

    There are also aspects of the Massachusetts program which are
broader in scope than the Federal program. Pursuant to 40 CFR
271.1(i)(2), the portions of the State requirements which are broader
in scope are not authorized by EPA and are not considered to be part of
the Federally enforceable RCRA program. However, they are fully
enforceable under State law and must be complied with by sources in
Massachusetts. These broader-in-scope State requirements include the
following: (a) Massachusetts has not adopted the mixture and derived
from rule revisions enacted by EPA on May 16, 2001, at 66 FR 27266,
except that Massachusetts has adopted an exemption for medicinal
nitroglycerine equivalent to the EPA exemption. Thus, except for
medicinal nitroglycerine, Massachusetts is continuing to regulate as
listed wastes the waste mixtures and derived from wastes excluded from
Federal regulation by the EPA on May 16, 2001.

I. Who handles permits after the authorization takes effect?

    Massachusetts will issue permits for provisions for which it is
authorized and will administer the permits it issues. However, EPA will
continue to administer and enforce any RCRA and HSWA (Hazardous and
Solid Waste Act) permits or portions of permits which it has issued in
Massachusetts prior to the effective date of this authorization. EPA
will not issue any more new permits, or new portions of permits, for
the provisions listed in this document above after the effective date
of this authorization. EPA will continue to implement and issue permits
for any HSWA requirements for which Massachusetts is not yet
authorized.

J. How does this action affect Indian country (18 U.S.C. 115) in
Massachusetts?

    Massachusetts is not authorized to carry out its hazardous waste
program in Indian country within the State (land of the Wampanoag
tribe). Therefore, EPA will continue to implement and administer the
RCRA program in these lands.

K. What is codification and is EPA codifying Massachusetts's hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart W for this authorization of Massachusetts'
program until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action (RCRA
State Authorization) from the requirements of Executive Order 12866 (58
FR 51735, October 4, 1993); therefore, this action is not subject to
review by OMB. This action authorizes State requirements under RCRA
3006 and imposes no additional requirements beyond those imposed by
State law. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it 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). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects 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, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is not economically significant as it approves a
state program and, thus, does not make decisions based on environmental
health or safety risks. This rule is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001))
because it is not a significant regulatory action under Executive Order
12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State

authorization application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 document 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 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). This
action nevertheless will be effective 60 days after it is published in
the Federal Register because it is an immediate final rule.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2010-15255 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46804-46805]
[FR Doc No: 2023-15409]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2023-0017]

National Advisory Council

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Committee management; request for applicants for appointment to
a subcommittee of the National Advisory Council.

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SUMMARY: The Federal Emergency Management Agency (FEMA) requests that
qualified individuals interested in serving on a subcommittee of the
FEMA National Advisory Council (NAC), apply for appointment as
identified in this notice to provide advice as required by the Planning
for Animal Wellness Act. Appointed members will serve on the
subcommittee only and will not be members of the NAC.

DATES: FEMA will accept applications until 11:59 p.m. Eastern Time on
August 10, 2023.

ADDRESSES: The only method for application package submission is by
email. Application packages by U.S. Mail will not be considered. Please
submit using the following method: Email: Dawn Essenmacher, Alternate
Designated Federal Officer, Office of Policy and Program Analysis,
FEMA, [email protected],<PHONE_NUMBER>. Save materials in one
file using the naming convention, ``[Last Name]_[First Name]_PAW
Application'' and attach to the email.
    FEMA will send you an email that confirms receipt of your
application and will notify you of the final status of your application
once FEMA selects members.

FOR FURTHER INFORMATION CONTACT: Dawn Essenmacher, Alternate Designated
Federal Officer, Office of Policy and Program Analysis, FEMA, [email protected],<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NAC is an advisory committee established
in accordance with the provisions of the Federal Advisory Committee
Act, 5 U.S.C. ch. 10. As required by the Post-Katrina Emergency
Management Reform Act of 2006 (PKEMRA), the Secretary of Homeland
Security established the NAC to ensure effective and ongoing
coordination of federal preparedness, protection, response, recovery,
and mitigation for natural disasters, acts of terrorism, and other man-
made disasters. Appointees may be designated as a Special Government
Employee (SGE) as defined in section 202(a) of title 18, U.S.C., or as
a Representative member. SGEs speak in a personal capacity as experts
in their field and Representative members speak for the stakeholder
group they represent.
    The Planning for Animal Wellness (PAW) Act, Public Law 117-212, was
signed into law on October 17, 2022. The Act requires FEMA to create a
working group to review best practices and Federal guidance, as of the
date of

enactment of this Act, on congregate and non-congregate sheltering and
evacuation planning, as it relates to the needs of household pets,
service and assistance animals, and captive animals, as appropriate, in
emergency and disaster preparedness, response, and recovery. It also
requires FEMA to determine whether the existing best practices and
Federal guidance are sufficient. If the Administrator, after reviewing
the subcommittee's advice, determines that existing best practices and
Federal guidance are insufficient, the Administrator will determine
whether to publish new guidance, in consultation with the subcommittee.
The subcommittee will also encourage and foster collaborative efforts
among individuals and entities working to address the needs of
household pets, service and assistance animals, and captive animals, as
appropriate, in emergency and disaster preparedness, response, and
recovery.
    To serve on this subcommittee, FEMA will select:
     At least two representatives of State governments with
experience in animal emergency management;
     At least one Tribal Nation citizen or representative with
experience in animal emergency management;
     At least one Territorial government representative with
experience in animal emergency management;
     At least two representatives of local governments with
experience in animal emergency management;
     At least two representatives from academia;
     At least two veterinary experts;
     At least two representatives from nonprofit organizations
working to address the needs of household pets and service animals in
emergencies or disasters;
     At least one representative from the Federal Animal
Emergency Management Working Group; and
     Any other members that the Administrator deems
appropriate, which could be based on specific experience not
identified, or diverse perspectives.
    Members will not receive compensation for their service. Members
may be required to file a confidential financial disclosure and
complete ethics training provided by FEMA. FEMA is requesting that
individuals who are interested in and qualified to serve on the
subcommittee apply for appointment. Appointments will be for a one-year
term, with the possibility of renewal, and will begin September 1,
2023.
    To apply, please submit an application package to FEMA's Office of
Policy and Program Analysis as listed in the ADDRESSES section of this
notice. There is no application form, but each application package MUST
include the following information:
     Cover letter, addressed to the Office of Policy and
Program Analysis, that includes current position title and employer or
organization you represent, home and work mailing addresses, preferred
telephone number, and email address; the discipline area position(s)
for which you would like consideration; and why you are interested in
serving on the subcommittee.
     A summary of the most important accomplishments that
qualify you to serve in the form of three to five (3-5) bullets, in
fewer than 75 words total.
     Three (3) peer or supervisor references including full
name, position title, employer or organization, preferred telephone
number and email address. References must be able to attest to the
qualifications and accomplishments you have listed.
     Resume or Curriculum Vitae (CV).
    Your application package must be less than eight (8) total pages to
be considered by FEMA. Information contained in your application
package should clearly indicate your qualifications. FEMA will not
consider incomplete applications. FEMA will review the information
contained in application packages and make selections based on the
requirements listed above, expertise in the subject matter area, and
ability to meet membership expectations. FEMA will also consider
overall composition, including diversity (including, but not limited to
geographic, demographic, and experience) and mix of officials,
emergency managers, and emergency response providers from State, local,
Tribal, and Territorial governments, when selecting members.
    DHS does not discriminate based on race, color, religion, sex,
national origin, sexual orientation, gender identity, marital status,
political affiliation, disability and genetic information, age,
membership in an employee organization, or other non-merit factor. The
Department is committed to pursuing opportunities, consistent with
applicable law, to compose a subcommittee that reflects the diversity
of the United States. Federally registered lobbyists may not apply.
    Expectations: Appointees to this volunteer service opportunity are
expected to fully participate in meetings, work with fellow members as
a team, and maintain a high degree of integrity. The NAC Bylaws contain
more information and can be found at: https://www.fema.gov/sites/default/files/documents/fema_nac-bylaws-041223.pdf. FEMA estimates a
three (3) hour minimum time commitment per month for regular
communications, special activities, and subcommittee participation.
Some selected members will serve in leadership roles and participate in
additional meetings and activities. Members may be invited to attend
in-person meetings of the NAC up to twice per year, typically three (3)
days for each meeting. FEMA does not pay members for their time, but
may reimburse travel expenses such as airfare, lodging, meals,
incidentals, and other transportation costs within Federal Travel
Regulations when pre-approved by the Designated Federal Officer.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-15409 Filed 7-19-23; 8:45 am]
BILLING CODE 9111-24-P


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12729-12730]
[FR Doc No: 2016-05281]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0469; FRL_9943-52-OW ]

Extension of Public Comment Period for the Draft Technical
Support Document: Recommended Estimates for Missing Water Quality
Parameters for Application in EPA's Biotic Ligand Model

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the draft technical support document: Recommended
Estimates for Missing Water Quality Parameters for Application in EPA's
Biotic Ligand Model. In response to stakeholder requests, the comment
period will be extended for an additional 32 days, from March 17, 2016
to April 18, 2016.

DATES: Comments must be received on or before April 18, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2015-0469, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://

www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kathryn Gallagher, Health and
Ecological Criteria Division, Office of Water (Mail Code 4304T),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 16, 2016 EPA announced the
availability of the draft technical support document: Recommended
Estimates for Missing Water Quality Parameters for Application in EPA's
Biotic Ligand Model, and opened a 30-day public review and comment
period to seek additional scientific views, data, and information
regarding the science and technical approach used in the draft document
(81 FR 7784).
    The original deadline to submit comments was March 17, 2016. This
action extends the comment period for 32 days. Written comments must
now be received by April 18, 2016. The draft report and other
supporting materials may also be viewed and downloaded from EPA's Web
site at http://www.epa.gov/wqc/aquatic-life-criteria-copper#draft.

    Dated: March 3, 2016.
Elizabeth Southerland,
Director, Office of Science and Technology.
[FR Doc. 2016-05281 Filed 3-9-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Notices]
[Page 64002]
[DOCID:fr28oc08-102]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58778A; File No. SR-CBOE-2008-90]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of a Proposed Rule Change Related
to Trades in Restricted Classes; Correction

October 23, 2008.
    In FR Doc. No. E8-24971, for Tuesday, October 21, 2008, on page
62577, third column, first full paragraph, the first sentence is
revised to read:
    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange \4a\ and, in
particular, the requirements of Section 6(b) of the Act \5\ and the
rules and regulations thereunder.
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    \4a\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b).
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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority (17 CFR 200.30-(a)(12).

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25627 Filed 10-27-08; 8:45 am]

BILLING CODE 8011-01-P


                        FREQUENTLY ASKED QUESTIONS  -
                  CRANES AND DERRICKS OPERATOR CERTIFICATION
                           COMPLIANCE DATE EXTENSION
OSHA ANNOUNCED that it will propose changes to the Subpart CC -- Cranes and Derricks that will extend the deadline for crane operator certification by one year, to November 10,  2018.  The following is a set of questions and answers that discuss this proposal and its effects on the construction industry.
Question #1:	Why is OSHA proposing to extend the compliance date for crane operator certification?
Answer:	OSHA is proposing to extend the compliance date for crane operator certification to ensure it has enough time to complete a rulemaking addressing two issues raised after publication of Subpart CC  -  Cranes and Derricks.
        First, Subpart CC -- Cranes and Derricks requires that operator certification be by "type and capacity."  The two largest testing organizations have issued certifications by "type" but not "capacity."  These certifications are not currently valid under Subpart CC.  The Agency is concerned that this will disrupt the construction industry severely, both for employers and crane operators who thought their certification would be valid.
        Second, many crane industry representatives requested that OSHA revise the crane standard to preserve a requirement that employers assess the ability of their operators to run the cranes to which they are assigned.
        In order to address these issues, OSHA extended the compliance date for crane operator certification by three years, until November 10, 2017.  OSHA now needs one additional year to propose and finalize the rulemaking addressing these issues.
Question #2:	OSHA extended the compliance date in 2014 by three years to November 10, 2017.  What steps has OSHA taken during this period of time to address the stakeholders' issues?
Answer:	After extending the compliance date, OSHA considered options for addressing stakeholders' concerns.  The Agency decided that rulemaking would be necessary for consideration of any revisions of the requirements in the final rule for Subpart CC.  To gather more information, OSHA spoke with over 40 industry representatives about how they currently ensure crane operator competency.  Based on this information, OSHA revised crane operator requirements and presented the draft to the Advisory Committee for Construction Safety and Health at a meeting on March 31 and April 1, 2015.  Considering feedback from this meeting, OSHA revised the crane operator requirements and preamble language again for the proposed rule.  Several other OSHA standards required significant time and resources from both OSHA and the Solicitor's office, which delayed proposing revised crane operator requirements as early as intended.  OSHA now needs the additional year to ensure that the public is permitted adequate opportunity to evaluate and respond to the proposal.
Question #3:	What crane operator requirements are in place right now?
Answer:	Currently, OSHA requires employers to:
           * ensure that operators of cranes covered by the standard are competent to operate the equipment safely;
           * train their employee prior to operating the equipment when that employee is assigned to operate machinery and does not have the required knowledge or ability to operate the equipment safely; and
           * ensure that each operator is evaluated to confirm that he/she understands the information provided in the training.
        These are the same requirements that have been implemented since publication of Subpart CC in 2010.  If the proposed rule is finalized, these requirements will remain in place until November 10, 2018.
Question #4:	If a crane operator's certification now only specifies type, but not capacity, will the operator have to get another certification by November 10, 2017, if OSHA's proposed extension takes effect?
Answer:	No. Certification is not currently required because of the previous extension, and OSHA is proposing to extend the compliance date for the operator certification requirements again to November 10, 2018. If this extension is finalized, November 10, 2018, would be the earliest date on which certification would be required.


VOLUME 1 – Bt / non-Bt Mapping and Program Management Data

DATA OBJECTIVES:

	GPS mapping data of the locations of all Bt cotton and all no-Bt cotton
plantings are needed to provide precise information as to the location
of Bt and non-Bt fields.  Data should be provided regarding management
of these fields:  sterile release rates (per acre), program applied
pheromone treatment (per acres), program applied insecticide treatments
for PBW (per acre), pheromone trap captures expressed as moths per trap
per unit time by field, and boll infestation levels expressed as larvae
per 100 bolls in fields selected for program evaluation.

CONTENTS ADDRESSING OBJECTIVES:

1.      DOCUMENT 1	Suggested Use of Trapping and Map Data

			(1 page; attached & labeled)

2. GPS MAPS / FIELD LOCATIONS and designations

FIGURE 1 	Map 1A	Bt / non-Bt field locations – Central Arizona.

(large map in tube; small map insert attached & labeled)

FIGURE 2 	Map 1B	Bt / non-Bt field locations – Eastern Arizona.

(large map in tube; small map insert attached & labeled)

FIGURE 3 	Map 2		Expandable format of Map 1A & 1B with individual fields
numbered to match trapping / treatment data bases.

(2 pages; attached and in electronic format on CD)

FIGURE 4 	Map 3	Sterile moth release zones with expanded inset maps
displaying flight path data.

 (large map in tube; small map insert)

3.  DOCUMENT 2	Arizona Pink Bollworm Sterile Moth Background and Release
Protocol

(2 pages; attached & labeled)

4.  TABLE 1		Program Applied Pheromone and Insecticide Treatment Data

(1 page; attached & labeled)


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 8, 2003

NOTICE OF ACTION TAKEN -- DOCKETS OST-1997-3006

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Finnair Oyj d/b/a Finnair Oyj and/or Finnair Cargo Oy		Date
Filed:  November 20, 2003

Relief requested:  Renew exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail from
points behind Finland via Finland and intermediate points to a point or
points in the United States and beyond, and other services encompassed
in the U.S.-Finland “open skies” agreement.

If renewal, date and citation of last action:  November 28, 2001, in
this docket.

Applicant representative:  John L. Richardson<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  December 8, 2003

Effective dates of authority granted:  December 8, 2003-December 8, 2005

Basis for approval (bilateral agreement/reciprocity):  U.S.-Finland Air
Transport Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached)

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:  Paul L. Gretch, Director

		     Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov/reports/reports_aviation.asp.

											Attachment

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

  By letter dated July 9, 2003, the Department acknowledged the
registration by Finnair Oyj of the trade names Finnair Oyj and Finnair
Cargo Oy under 14 CFR Part 215 of the Department’s rules.


The three different GEM options available to characterize an engine or powertrain (steady-state engine map, engine cycle average map, and powertrain cycle average map) were compared to powertrain-in-the-loop experimental data. The powertrain cycle average map performed best over the cycles and transmissions tested in this study with a low overall error on both work and fuel mass. This methodology used a limited amount of test data and gives good results with child ratings of the same engine. The engine methods (steady-state map and engine cycle average) also exhibited low errors except for the transient cycle in the case of an automatic transmission, but that might be corrected by more development of the GEM model to match the transmission behavior.

VEHICLE SPEED AND GRADE PROFILES USED IN HARDWARE IN THE LOOP TESTING

APPENDIX A. VEHICLE SPEED AND GRADE PROFILES USED IN HARDWARE IN THE LOOP TESTING
When grade is not shown on a speed profile plot it is because that drive cycles is performed without a grade profile (no elevation change)

Cruise cycles were performed with a variety of grade profiles that are distance based not time based. The two plots below show grade profiles independently of the vehicle speed in order to minimize the number of figures

ENGINE SPEED AND TORQUE PROFILES USED IN PLAYBACK TESTING

Appendix B. Engine speed and torque profiles used in playback testing


[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 39076-39078]
[FR Doc No: 2010-16407]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62413; File No. SR-NYSEArca-2010-61]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. Amending NYSE Arca Equities Rule 7.11 To Add
Additional Securities to the Pilot Rule

June 30, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 30, 2010, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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 amend NYSE Arca Equities Rule 7.11 to add
additional securities to the pilot rule. The text of the proposed rule
change is available at the Exchange, the Commission's Web site at
http://www.sec.gov, the Commission's Public Reference Room, and http://www.nyse.com.

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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rule 7.11 to add

securities included in the Russell 1000[supreg] Index (``Russell
1000'') and specified Exchange Traded Products (``ETP'') to the pilot
rule. For purposes of this filing, ETPs include Exchange Traded Funds
(``ETF''),\4\ Exchange Traded Vehicles (``ETV''),\5\ and Exchange
Traded Notes (``ETN'').\6\
---------------------------------------------------------------------------

    \4\ An ETF is an open-ended registered investment company under
the Investment Company Act of 1940 that has received certain
exemptive relief from the SEC to allow secondary market trading in
the ETF shares. ETFs are generally index-based products, in that
each ETF holds a portfolio of securities that is intended to provide
investment results that, before fees and expenses, generally
correspond to the price and yield performance of the underlying
benchmark index.
    \5\ An ETV tracks the underlying performance of an asset or
index, allowing investors exposure to underlying assets such as
futures contracts, commodities, and currency without actually
trading futures or taking physical delivery of the underlying asset.
An ETV is traded intraday like an ETF. An ETV is an open-ended trust
or partnership unit that is registered under the Securities Act of
1933.
    \6\ An ETN is a senior unsecured debt obligation designed to
track the total return of an underlying index, benchmark or
strategy, minus investor fees. ETNs are registered under the
Securities Act of 1933 and are redeemable to the issuer.
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 7.11 was approved by the Commission on June
10, 2010 on a pilot basis to end on December 10, 2010.\7\ As the
Exchange noted in its filing to adopt NYSE Arca Equities Rule 7.11,
during the pilot period, the Exchange would continue to assess whether
additional securities need to be added and whether the parameters of
the rule would need to be modified to accommodate trading
characteristics of different securities.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 62252 (June 10,
2010) (SR-NYSEArca-2010-41).
---------------------------------------------------------------------------

    Currently, the pilot list of securities is all securities included
in the S&P 500[supreg] Index (``S&P 500''). As noted in comment letters
to the original filing to adopt NYSE Arca Equities Rule 7.11, concerns
were raised that including only securities in the S&P 500 in the pilot
rule was too narrow. In particular, commenters noted that securities
that experienced volatility on May 6, 2010, including ETFs, should be
included in the pilot. The Exchange agrees with the commenters that the
pilot list of securities should be expanded.
    In consultation with other markets, the Exchange proposes to add
the securities included in the Russell 1000 and specified ETPs to the
pilot beginning in July 2010, subject to Commission approval. The
Exchange believes that adding these securities would begin to address
concerns that the scope of the pilot may be too narrow, while at the
same time recognizing that during the pilot period, the markets will
continue to review whether and when to add additional securities to the
pilot and whether the parameters of the rule should be adjusted for
different securities.
    In particular, the Exchange proposes to add securities included in
the Russell 1000 because the Exchange believes that the securities
included in that index have similar trading characteristics to
securities included in the S&P 500 (many of which are the same
securities) and therefore the existing 10% price movement applicable
before invoking a trading pause would be appropriate for the Russell
1000 securities. Because the Exchange does not propose to modify the
10% price movement at this time, the Exchange believes that expanding
to the Russell 1000 is an appropriate next step. Based on our analysis,
the number of times that the Trading Pause would be triggered for
Russell 1000 securities would be similar to the instances for the S&P
500 securities.
    In addition, the Exchange, in consultation with other markets,
proposes to add to the pilot a selected list of ETPs. The Exchange
developed the proposed pilot list of ETPs first by identifying all ETPs
across multiple asset classes and issuers, including domestic equity,
international equity, fixed income, currency, and commodities and
futures. The Exchange next excluded the leveraged ETPs and sorted the
list by notional consolidated average daily volume (``CADV'') using
year-to-date CADV ending May 5, 2010, multiplied by the closing price
on May 5, 2010. The Exchange then selected those symbols, including
inverse ETPs, that trade over $2,000,000 CADV year to date through May
5, 2010. To ensure that ETPs that track similar benchmarks but that do
not meet this volume criterion do not become subject to pricing
volatility when a component security is the subject of a trading pause,
the Exchange proposes to include certain non-leveraged ETPs that have
traded below this volume criterion, but that track the same benchmark
as an ETP that does meet the volume criterion.
    The Exchange believes that the proposed list of ETPs is appropriate
because it identifies those ETPs that have component securities that
largely track the securities included in the S&P 500 and Russell 1000.
Accordingly, if an S&P 500 or Russell 1000 security experiences a
trading pause, any resulting price volatility in a related ETP,
regardless of the CADV of the ETP, would also be subject to a trading
pause trigger. As with the proposal to add the Russell 1000 securities,
the Exchange selected the proposed ETPs because it believes that the
existing 10% price movement would be an appropriate price movement
before invoking a trading pause for ETPs with these characteristics.
The Exchange does not believe that the 10% price movement is an
appropriate threshold for leveraged ETPs because by definition,
leveraged ETPs are based on multiples of price movements in the
underlying index. Accordingly, a 10% percent price movement in a
leveraged ETP may not signify extraordinary volatility. Because the
Exchange is not proposing to adopt revised price movement thresholds at
this time, the Exchange is therefore not proposing to include leveraged
ETPs for now.
    As proposed, the list includes broad-based ETPs, which the Exchange
recognizes has raised some debate. In particular, concerns have been
raised about whether halting an index-based ETP may impact an index-
based option or future. However, the Exchange believes that including
broad-based ETPs is appropriate so that ETP investors are protected
should the component securities experience such volatility that trading
in the broad-based ETP is impacted, as it was on May 6, 2010. Because
this is a pilot rule, the markets can continue to assess whether it is
appropriate to have a trading pause in broad-based ETPs when there is
not a similar trading pause in related index-based options or futures.
    As noted above, during the pilot, the Exchange will continue to re-
assess whether specific ETPs should be added or removed from the pilot
list. The Exchange will also assess whether the parameters for invoking
a trading pause continue to be the appropriate standard and whether the
parameters should be modified.
    To effect this change, the Exchange proposes to amend supplementary
material .10 to Rule 7.11 to provide that the pilot applies to all
securities in the S&P 500, securities in the Russell 1000, as well as
specified ETPs. The pilot list of ETPs is identified in Exhibit 3. The
Exchange further proposes to amend the rule to conform to the style of
NYSE Arca Equities rules to provide that the ``supplementary material''
is referenced as ``Commentary'' and the commentary rule numbering is
``.01'', rather than ``.10.''
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Securities Exchange Act of 1934 (the ``Act''),\8\ which requires
the rules of an exchange to promote just and equitable principles of
trade, to remove impediments to and perfect the

mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The proposed
rule change also is designed to support the principles of Section
11A(a)(1) \9\ of the Act in that it seeks to assure fair competition
among brokers and dealers and among exchange markets. The Exchange
believes that the proposed rule meets these requirements in that it
promotes uniformity across markets concerning decisions to pause
trading in a security when there are significant price movements.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

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

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.\10\
---------------------------------------------------------------------------

    \10\ The Commission notes that the Exchange has requested
accelerated approval of the filing.
---------------------------------------------------------------------------

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.
    The Commission notes that ETF trades constituted a substantial
majority of the trades that were cancelled on May 6, and the proposed
amendments would bring certain ETFs within the scope of the trading
pause pilot for the first time. The Commission solicits comment
regarding the inclusion of ETFs within the trading pause pilot. The
Commission requests comment in particular on the implications of
including in the trading pause pilot ETFs on broad-based indices that
also underlie options and futures products. What are the potential
benefits and risks of including those ETFs in the pilot under
circumstances where other products based on the same index may not be
subject to any trading pause, or may be subject to a different type of
trading pause? Are existing mechanisms available in the markets for
those other products sufficient to address any cross-market linkage
concerns? What are the potential effects on price discovery and trading
behavior in the different markets?
    Similarly, the Commission solicits comments on the potential
benefits and risks of excluding such ETFs from the pilot, particularly
under circumstances where the securities underlying the ETF are
included in the pilot. If there are trading pauses for the component
securities of an index but not for an ETF based on that index, what
consequences might that have for the ETF or for other products based on
that index? If there are trading pauses in an ETF but not in the stocks
that underlie that ETF, what consequences might that have for the
underlying stocks or other products? What are the potential effects on
price discovery for the ETF, the underlying stocks and other products?
    Are there other market-based characteristics or metrics that should
be considered for purposes of determining which ETFs should be included
in the trading pause pilot, or for re-calibrating particular features
of the trading pause?
    In addition, the Commission solicits comments regarding the
operation of the trading pause pilot to date with respect to stocks in
the S&P 500.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-61 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-NYSEArca-2010-61. This
file number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room 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 offices 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-NYSEArca-2010-61, and should be submitted on or before
July 19, 2010.\11\
---------------------------------------------------------------------------

    \11\ The Commission believes that a 10-day comment period is
reasonable, given the urgency of the matter. It will provide
adequate time for comment.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16407 Filed 7-6-10; 8:45 am]
BILLING CODE 8010-01-P