                                                                   SUPPORTING STATEMENT FOR             INFORMATION COLLECTION REQUEST OMB CONTROL NO.2050-0154                                                     "CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES"

                               TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION       1(a)	Title and Number of the Information Collection	2       1(b)	Short Characterization of the Information Collection	2

2.	NEED FOR AND USE OF THE COLLECTION       2(a)	Need and Authority for the Collection	2       2(b)	Use and Users of the Data	3

3.	THE RESPONDENTS AND THE INFORMATION REQUESTED       3(a)	Non-duplication	3       3(b)	Public Notice	3       3(c)	Consultations	3       3(d)	Effect of less Frequent Collection	4       3(e)	General Guidelines	4       3(f)	Confidentiality	4       3(g)	Sensitive Questions 	4

4.	THE INFORMATION COLLECTED -- SIC CODES, AND INFORMATION REQUESTED,        4(a)	Respondents/SIC Codes 	4       4(b)	Information Requested 	5

5.	AGENCY ACTIVITIES, METHODS, AND INFORMATION MANAGEMENT       5(a)	Agency Activities	8       5(b)	Collection Methodology and Management	9       5(c)	Small Entity Flexibility	9       5(d)	Collection Schedule	9

6.	ESTIMATING THE BURDEN HOURS AND COST OF THE COLLECTION       6(a)	Estimating the Respondent Burden Hours - Original ICR ...........................10         	6(b)	Estimating the Respondent Burden Hours - Continuing ICR............................... 13         	6(c)	Estimating Respondent Burden Hours and Costs	16       6(d)	Estimating Agency Burden Hours and Cost	17       6(e)	Estimating State Burden Hours and Cost	17       6(f)	Bottom Line Burden Hours and Costs/Master Tables	18       6(g)	Reasons for Change in Burden	19       6(h)	Burden Statement	19

EHIBITS 1-3     ..........................................................................................17-18 EHIBITS 4-8     ..........................................................................................21-25

	 1.	IDENTIFICATION OF THE INFORMATION COLLECTION

      1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION                    This continuing ICR is entitled "Criteria for Classification of Solid Waste Disposal Facilities and Practices" (Renewal), ICR 1745.10, OMB Number 2050-0154.

      1(b)	SHORT CHARACTERIZATION OF THE INFORMATION COLLECTION

      The 1984 Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA), as amended, mandated that the U.S. Environmental Protection Agency (EPA) revise the Criteria for Solid Waste Disposal Facilities that may receive household hazardous wastes and conditionally exempt very small quantity generator (CEVSQG) wastes.  EPA submitted a Report to Congress in October 1988 that assessed the impacts on human health and the environment associated with Subtitle D (non-hazardous waste) units.  While this study found that the revised Criteria for municipal solid waste disposal units were necessary to protect human health and the environment, the report failed to draw a conclusion relating to industrial Subtitle D units.  The limited data on such units indicated that there might be a basis for concern and further study was needed.

      The proposed solid waste disposal facility criteria were published on August 30, 1988.  On October 9, 1991 EPA promulgated revised Criteria for Solid Waste Disposal Facilities (56 FR 50978) accepting household hazardous wastes.  These revisions fulfilled the part of the statutory mandate in RCRA Section 4010 for all units that receive household and CEVSQG hazardous wastes (i.e., municipal solid waste landfills (MSWLFs).  Revisions to the part 257 criteria for other Subtitle D disposal units that may receive CEVSQG hazardous wastes were delayed as the Agency had little information concerning the potential or actual impacts that these types of units had on human health and the environment.

      On October 21, 1993, the Sierra Club filed suit against EPA in the United States District Court for the District of Columbia to compel EPA to promulgate revised Criteria for non-municipal units that may receive small quantity generator hazardous waste.  As a result of the October 21, 1993 lawsuit, EPA and the Sierra Club reached agreement on a schedule concerning revised Criteria for non-municipal units that may receive CEVSQG wastes.  This schedule required that the EPA Administrator sign a proposal by May 15, 1995 and a final rule by July 1, 1996.  The proposal was signed on May 15, 1995 and the Agency promulgated the final rule on July 1, 1996.

2.	NEED FOR AND USE OF THE COLLECTION

      2(a)	NEED AND AUTHORITY FOR THE COLLECTION

      The final revisions to the Criteria for Classification of Solid Waste Disposal Facilities and Practices and Identification and Listing of Hazardous Waste set forth in 40 CFR part 257, subpart B and revisions to 40 CFR 261 were developed in response to Sections 4010(c) and 3001(d) (4) of RCRA, which were added to the statute in the 1984 Hazardous and Solid Waste Amendments.  The final revisions to part 257, subpart B established specific standards and reporting and recordkeeping requirements for owners and operators of new, existing, and lateral expansions of existing non-municipal non-hazardous waste disposal units that receive conditionally exempt small quantity generator (CEVSQG) hazardous wastes.  The final revisions to part 261 involved no new reporting or recordkeeping requirements.  These regulations were finalized under the authority of Sections 1008, 2002 (general rulemaking authority), 3001(d)(4), 4004 and 4010 of RCRA, as amended.

      2(b)	USE AND USERS OF THE DATA

      The information collected is used by the States to regulate and ensure that non-municipal non-hazardous waste disposal units that receive CEVSQG hazardous wastes, and CEVSQGs, are complying with the final revisions to the part 257, subpart B criteria and the revisions to part 261.  The information collected is used by the State Director to confirm owner and operator compliance, and CEVSQG compliance, with the final regulations under the revised part 257 subpart B and the revised part 261.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

             3(a)	NONDUPLICATION

      EPA took steps to minimize duplication of information collection.  The part 257, subpart B final rule included minimum recordkeeping and reporting necessary to document compliance with the rule's provisions.

      EPA deliberately did not prescribe specific recordkeeping procedures or formats.  This would allow States and owners or operators maximum flexibility in developing site-specific procedures that satisfy existing State requirements and the provisions of the Criteria for Classification of Solid Waste Disposal Facilities and Practices.  Furthermore, part 257, subpart B provides additional flexibility to approved States:  approved States have flexibility in establishing the location of the operating record and establishing alternative schedules for recordkeeping and notification requirements.              3(b) PUBLIC NOTICE

            EPA issued a public notice in the Federal Register on July 06, 2022 (87 FR 39831).  The public comment period ended on September 06, 2022. No comments were received in response to the notice.

      3(c)	CONSULTATIONS

      This continuing ICR is based on the data collected for the original and the revised ICR for part 258 (municipal landfills - ICR #1381).  The part 258 ICR developed estimates in consultation with owners and operators of MSWLFs, State personnel (see below), EPA personnel (Headquarters and Regional), and consultants working for EPA on the hazardous and solid waste programs.  Individuals from these organizations were interviewed to characterize the time an owner or operator (as well as the State) would need to spend on each separate requirement.  Since the minimum statutory requirements finalized in part 257, subpart B are almost identical to the corresponding sections of part 258, the Agency has prepared similar time estimates for the activities required under part 257, subpart B, making reasonable alterations and allowances to correspond with those sections where the requirements differ.

In an effort to verify EPA's development this ICR, EPA contacted state solid waste officials to review and comment on this document.  EPA is grateful the following people reviewed this document:  1) Ed Dexter, of the Maryland Department of the Environment; 2) Geoff Christe, of the Virginia Department of Environmental Quality; 3) George Wolbert, of the Wisconsin Department of Natural Resources; and 4) Jody Weikart, of the Wyoming Solid Waste Permitting and Corrective Action Division.

      3(d)	EFFECT OF LESS FREQUENT COLLECTION

      The Agency believes that less frequent recordkeeping and reporting could hamper State enforcement and compliance efforts, especially in States that have not been approved, since these States may not establish requirements more stringent than the Federal minimum.  However, the part 257, subpart B criteria allow approved States the discretion to establish alternative schedules for recordkeeping and notification requirements.

      3(e)	GENERAL GUIDELINES              This collection does not violate any of the Paperwork Reduction Act (50 CFR 1320.6) general guidelines.

      3(f)-(g)	CONFIDENTIALITY AND SENSITIVE QUESTIONS

      No data requested are believed to be confidential.  The Agency is not requesting any trade secret information and believes that the information collection complies with the Privacy Act of 1974 and OMB Circular A-108.  The recordkeeping and reporting requirements do not request information that is of a sensitive nature.        4.	THE RESPONDENTS AND INFORMATION COLLECTED              4(a)	RESPONDENTS/SIC CODES

      The groups affected by the final revisions to part 257, subpart B and part 261 include both the generators of CEVSQG wastes and owners or operators of new, existing, or lateral expansions of existing non-municipal non-hazardous waste disposal units that receive CEVSQG wastes.  This continuing information request expires on February 23, 2023.

      As the rule affects generators of CEVSQG waste as well as the units where the waste is disposed, a relevant list of NAICS codes would potentially include most business areas contained in the NAICS document.  Therefore, it is not practical to include such a comprehensive list in this continuing supporting statement.  However, the final revision to 261.5 did not impose any new reporting or recordkeeping requirement on CEVSQGs; therefore, the rest of the analysis will address only new reporting and recordkeeping requirements for disposal units.

      The following subsections discuss how the information will be collected.  State agencies will not be responsible for collecting information.  Rather, the owners or operators of non-municipal non-hazardous waste disposal units that receive CEVSQG wastes are required to collect the information, compile it in an operating record, and notify the State Director when the documentation is placed in the operating record.  The operating record is intended to be equivalent to a permit file that is routinely kept by the State permitting agency.  The Agency did not intend for the final rule to create additional recordkeeping except when the rule imposed more stringent Federal standards in addition to State requirements.

      4(b)	INFORMATION REQUESTED

      The following subsections describe the recordkeeping requirements and reporting (notification) required in the final rule.  EPA deliberately did not use design standards to prescribe specific activities, conditions, or components.  This allowed owners and operators maximum flexibility in developing site-specific procedures that satisfy State requirements and provisions of the revised Criteria.

	LOCATION RESTRICTIONS

Section 257.8 - Floodplains

      Owners and operators of new non-municipal non-hazardous waste disposal units that receive CEVSQG wastes, existing non-municipal non-hazardous waste disposal units that receive CEVSQG wastes, and lateral expansions of existing units must document (record) in their operating record demonstrations that the unit meets the location restrictions regarding floodplains (§257.8).  The owner or operator must notify the State Director when an exemption demonstration is recorded in the operating record.

Section 257.9 - Wetlands

      Owners and operators of new non-municipal non-hazardous waste disposal units that receive CEVSQG waste and lateral expansions of existing units must demonstrate (report) to the Director of an approved State that the unit meets the requirements addressing wetlands (§257.9).

	GROUND-WATER MONITORING AND CORRECTIVE ACTION

Section 257.21(b) - No Migration Petition

      In an approved State, owners and operators of non-municipal non-hazardous waste disposal units that receive CEVSQG wastes may demonstrate (document) that there is no potential for migration of hazardous constituents from the unit.  The demonstration is to be based on site-specific data and fate and transport modeling as presented in §257.21(b)(1) -(2).

Section 257.21(h) and (i) - Small and Arid or Remote Non-Municipal Non-Hazardous Waste Disposal Units

      Directors of approved States may allow owners and operators of new, existing, or lateral expansions of existing non-municipal non-hazardous waste disposal units that receive CEVSQG wastes to use alternative ground-water monitoring techniques and alternative indicator lists as presented in §257.21(i)(1) and (2) for units meeting the criteria defined in §257.21(h).  The Director of the approved State should consider the factors in §257.21(i)(3) when authorizing and considering these alternatives.  Owners and operators of these qualifying small and arid or remote non-municipal non-hazardous waste disposal units must place in their operating record documentation demonstrating that they meet the criteria in §257.21(h).  Section 257.21(h) allows units to use the flexibility provided in §257.21(i) if the non-municipal non-hazardous waste disposal units receive less than 20 tons of waste per day, have no evidence of ground-water contamination, and are either in a remote area or an arid area of the country.  A remote area is defined at §257.21(h)(3) as "a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility."  An arid area is defined at §257.21(h)(4) as "an area that annually receives less than or equal to 25 inches of precipitation" and "has no practicable waste management alternative."

Section 257.21(i)(2) - Small and Arid or Remote Non-Municipal Non-Hazardous Waste Disposal Units

      Owners and operators of new, existing, or lateral expansions of existing non-municipal non-hazardous waste disposal units that detect contamination through the use of any alternative ground-water monitoring technique must perform expanded monitoring to show the nature and extent of the contamination and submit those results to (notify) the Director of the approved State of the contamination as required by §257.21(i)(2).  If the contamination has reached the saturated zone, then the owner or operator must comply with the requirements of §257.21 (i)(2)(i).  If the contamination is present in the vadose zone, on the surface, or anywhere else but the saturated zone, then the owner or operator must comply with the requirements of §257.21(i)(2)(ii).

Section 257.21 - §257.23 - Establish Ground-Water Monitoring Systems

      Owners and operators must notify the State Director that documentation pertaining to measurement, sampling, and analytical devices has been placed in the operating record.  The numbering, spacing, and depth of monitoring systems shall be certified by a qualified ground-water scientist or approved by the Director of an approved State.  Within 14 days of the certification, the owner or operator must notify the State Director that certification has been placed in the operating record.

      Owners or operators must notify the State Director that the description of the sampling and analysis program documentation has been placed in the operating record.

      The owner or operator must specify in the operating record a statistical method from §257.23(g) to be used in evaluating ground-water monitoring data for each hazardous constituent.  If another statistical method that meets the performance standards of §257.23(h) is used, the owner or operator must place justification for this alternative in the operating record and notify the State Director of use of this alternative test.

Section 257.24 - Detection Monitoring Program

      If the owner or operator determines that there is a statistically significant increase over background for one or more of the constituents in Appendix I (Appendix I of part 258), the owner or operator must, within 14 days of this finding, place a notice in the operating record and notify the State Director indicating which constituents have shown statistically significant changes from the background levels.

      The owner or operator may demonstrate pursuant to §257.24(c)(3) that a source other than the non-municipal non-hazardous waste disposal unit or an error has caused the statistically significant changes in background levels of one or more of the constituents.  This demonstration must be certified by a qualified ground-water scientist or approved by the Director of an approved State and be placed in the operating record.

Section 257.25 - Assessment Monitoring Program

      If the sampling results indicate that Appendix II (Appendix II of part 258) constituents have been detected, the owner or operator must, within 14 days after obtaining the results, place a notice in the operating record identifying the Appendix II (Appendix II of part 258) constituents that have been detected and notify the State Director that this notice has been placed in the operating record.  Within 90 days, and at least on a semiannual basis thereafter, the owner or operator must resample and record the concentrations of the detected Appendix II (Appendix II of part 258) constituents.  If the concentrations of all Appendix II (Appendix II of part 258) constituents are shown to be at or below background values for two consecutive sampling events, the owner or operator must notify the State Director of this finding.

      If one or more of the Appendix II (Appendix II of part 258) constituents are detected at statistically significant levels above the ground-water protection standard established under §257.25 (h) or (i) in any sampling event, the owner or operator must, within 14 days of this finding, place a notice in the operating record identifying the Appendix II (Appendix II of part 258) constituents that have exceeded the ground-water protection standard and notify the State Director and all appropriate local government officials that the notice has been placed in the operating record.  The owner or operator must also notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off site, if indicated by sampling wells in accordance with §257.25(g)(1).

Section 257.25(g)(2) - "False Positives"

      The owner or operator may voluntarily attempt to demonstrate that a source other than the non-municipal non-hazardous waste disposal unit that may receive CEVSQG wastes caused the contamination or that a sampling error occurred and that it is not required to move into remedy selection under the corrective action requirements.

Section 257.27 - Selection of Remedy

      The owner or operator must discuss the results of the corrective measure assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.  The owner or operator must notify the State Director, within 14 days of selecting a remedy, that a report describing the selected remedy and specifying a schedule for initiating and completing remedial activities has been placed in the operating record, and how it meets the standards in §257.27(b).

      The owner or operator may document in the operating record that no clean-up is required if the conditions of §257.27(e) are met and the State Director is notified.

Section 257.28 - Implementation of Corrective Action Program

      The owner or operator may determine that corrective action cannot be achieved with any currently available remedy.  If so, the owner or operator must document in the operating record that a report justifying alternative corrective action measures has been placed in the operating record in compliance with the requirements of §257.28 (c)(4) and notify the State Director.

      Upon completion of the requirements of §257.28(e), the owner or operator must document in the operating record that the remedy has been completed in compliance with the requirements of §257.28(e) and notify the State Director.

	RECORDKEEPING REQUIREMENT

Section 257.30 - Recordkeeping Requirements

      The owner and operator must record and retain near the unit in an operating record, information as it becomes available on any location restriction demonstration required under §§257.7 through 257.12 or any demonstration, certification, finding, monitoring, testing, or analytical data required in §§257.21 through 257.28.

      The owner and operator must notify the State Director when the information has been placed in the operating record or alternative location as approved by the Director of an approved State.  The Director of approved State can set alternative schedules the recordkeeping and notification requirements specified under §257.30, except for the notification requirement in §257.25(g)(1)(iii).

5. AGENCY ACTIVITIES, METHODS, AND INFORMATION MANAGEMENT              5(a)	AGENCY ACTIVITIES

      This program is implemented by approved States and all information will be reported to the States or kept in an operating record; in unapproved States, the "Criteria for Classification of Solid Waste Disposal Facilities and Practices" (40 CFR part 257) are self-implementing, meaning that the owner/operator documents compliance with the Criteria and places the documentation in the operating record.  EPA will not collect information from individual non-municipal non-hazardous waste disposal units.  EPA does have enforcement authority in States where EPA has made a formal determination that the State permit program is not adequate.  In enforcement situations, EPA may request information from the owner or operator.              5(b)	COLLECTION METHODOLOGY AND MANAGEMENT

      EPA has not specified how these records are to be developed and maintained.  This ensures the maximum flexibility and minimum burden in meeting the final requirements.

      5(c) 	SMALL ENTITY FLEXIBILITY

      Respondents may include small businesses; all data requested are essential for both large and small businesses.  The information burden was minimized to the extent possible for all potential respondents through the final rule's self-implementing format.

      5(d)	COLLECTION SCHEDULE

      All collection requirements discussed in this ICR are for the period starting December 01, 2018 until November 30, 2021.

      The final part 257, subpart B language established a schedule for the establishment of a ground-water monitoring program. Owners and operators of existing non-municipal non-hazardous waste disposal units that receive CEVSQG waste and lateral expansions of existing units were to comply with the ground-water requirements of §§257.22 - 257.25 according to the schedule established in the regulations unless an alternative schedule was specified by the Director of an approved State under §257.21(d):

      1.	Existing non-municipal non-hazardous waste disposal units that received CEVSQG wastes and lateral expansions of existing units were to comply by July 1, 1998.

      2.	New non-municipal non-hazardous waste disposal units were to comply before waste was placed in the unit.

      3.	Under §257.21(d), the Director of an approved State could specify an alternative schedule for owners and operators of existing units and lateral expansions of existing units to comply with the ground-water requirements specified in §§257.22 - 257.25.  The alternative schedule was to ensure that 50 percent of all existing units were in compliance by July 1, 1998 and all existing units were in compliance by July 1, 1999.

      Once established at a unit, ground-water monitoring is to be conducted throughout the active life of the unit plus 30 years.  The Director of an approved State may decrease the 30-year period if the owner/operator demonstrates that a shorter period of time is adequate to protect human health and the environment and the Director approves that demonstration.

      The records and reports are to be maintained on an ongoing basis in the unit operating record; however, the part 257, subpart B Criteria allow approved States the discretion to establish alternative schedules for recordkeeping and notification requirements.

6.	ESTIMATING THE BURDEN HOURS AND COST OF THE COLLECTION

      6(a)	ESTIMATING THE RESPONDENT BURDEN HOURS - Original ICR

      The total universe of non-municipal non-hazardous waste disposal units that may receive CEVSQG waste includes two types of units: (1) units where CEVSQG waste is co-disposed with industrial waste on site; and (2) Subtitle D units receiving CEVSQG waste from off site (including construction and demolition waste disposal units and commercial industrial solid waste disposal units).

      EPA originally assumed, and continues to assume, that units that co-disposed industrial non-hazardous waste and CEVSQG waste on site have ceased that practice to avoid the cost of compliance with part 257, subpart B.  The commercial (off-site) industrial waste disposal units currently operating are subject to stringent environmental controls, imposed by States and corporate policy, therefore, EPA continues to believe, that these off-site units will incur a negligible burden from the revisions to part 257, subpart B.  Therefore, the primary type of unit that continues to be affected by the part 257, subpart B rule is construction and demolition waste disposal units.

      Consequently, the only units that will incur burdens under the part 257, subpart B rule continue to be construction and demolition landfills that receive CEVSQG waste from off-site generators.  EPA currently estimates that there are approximately 1,571 construction and demolition landfills in the United States as of 2004 as reported in the April 2006 issue of BioCycle (down from the estimate of 1,931 in 2003).

     Construction and demolition waste landfills that were not in compliance with the part 257, subpart B revisions in 1996 would have responded to the regulation in one of two ways:  (1) elected not to upgrade and decided to accept only construction and demolition waste that does not contain CEVSQG hazardous waste (these units would not be affected by the recordkeeping or reporting requirements of part 257, subpart B; or (2) upgraded and accepted CEVSQG waste (become subject to the recordkeeping and reporting requirements of the revisions to part 257, subpart B).

      The Agency's Regulatory Impact Analysis (RIA) (June 1996) for the final part 257, subpart B rule, indicated that 162 construction and demolition waste landfills in 18 affected States would have elected to upgrade and thus become subject to the reporting and recordkeeping requirements of part 257, subpart B.  The RIA also accounted for the number of small/dry/remote non-municipal units that would have opted to use alternative ground-water monitoring techniques.  As a result of this added flexibility, EPA believed that more units would have opted to upgrade.  For the purpose of the original ICR, EPA assumed that 50% of the construction and demolition units that were eligible to use alternative ground-water monitoring techniques would have chosen to upgrade.  This included half of the 21 landfills in Alaska (remote) and half of the 109 small landfills that were located in affected States with low precipitation.  Overall, EPA estimated that 65 additional landfills would upgrade and use alternative ground-water monitoring techniques.  Additional, EPA assumed that none of these 65 additional landfills would require expanded ground-water monitoring as discussed in the original ICR. Thus, the total number of upgrades of existing units was estimated to be 227. In the original ICR, 227 existing facilities were used to calculate burdens.  In addition, EPA projected, in the original ICR that 11 new and lateral expansions of existing units will be activated per year as construction and demolition waste units accepting CEVSQG waste became subject to this final rule.

First Update

     In the first update (September 22, 1999) for this continuing ICR, EPA developed new recordkeeping and reporting burden estimates.  EPA revised its original estimate (162) of the number of construction and demolition waste landfills in the 18 affected States that would have elected to upgrade.  EPA revised the original estimate down from 162 landfills to 146.  This reduction was based on a decrease in the overall number of construction and demolition waste landfills that existed in the original 18 affected States. This reduction equated to a 10% reduction in the number of construction and demolition landfills that would have continued to have annual reporting and recordkeeping burdens during the period of time from September 30, 1999 until September 30, 2002.

     This same 10% reduction was used to reduce the number of existing construction and demolition waste landfills that would have continued to be subject to the reporting and recordkeeping burdens associated with corrective action (23 facilities in the original ICR vs. 21 in the first update).

     Small/arid/remote construction and demolition facilities incurred reporting and recordkeeping burdens in the original ICR, but, in the first update to the ICR, they did not incur any burdens because small/arid/remote construction and demolition wastes facilities incurred only one-time burdens during the period between September 30, 1996 and September 30, 1999.  The Agency's original assumption that none of the existing small/arid/remote facilities would need to undergo expanded ground-water monitoring and corrective action continued to be assumed in the first update to the original ICR that were presented in the original ICR.

   In the first update to the original ICR, one-time reporting and recordkeeping burden hours for existing construction and demolition waste facilities were also reduced because these one-time burdens occurred during the period of time between September 30, 1996 and September 30, 1999.  These one-time burdens were associated with the floodplain provision, the small/arid/remote demonstration, and the establishment of the ground-water monitoring system.                For the first update to the original ICR, like the original ICR, the Agency assumed 11 new and lateral expansions of existing units will be activated per year as construction and demolition waste units accepting CEVSQG waste become subject to the part 257, subpart B rule              Second Update

      For the second update, EPA developed new recordkeeping and reporting burden estimates.  EPA revised its first update estimate (146) of the number of construction and demolition waste landfills in the 18 affected that would have elected to upgrade.  EPA revised the first update down from 146 construction and demolition waste landfills to 127.  This reduction was based on a decrease in the overall number of construction and demolition waste landfills that exist in the original 18 affected States.  The total number of respondents was therefore 127 construction and demolition waste landfills plus 18 States (145 respondents).  This reduction equated to a 13% reduction in the number of construction and demolition waste landfills that would continue to have annual reporting and recordkeeping burdens during the time from October 1, 2002 until September 30, 2005.  There is a reduction even though there has been an increase in the total overall number of construction and demolition waste landfills back towards the original estimated number in 1994 because EPA is evaluating the change only in the original 18 affected States.

     This same 13% reduction was used to reduce the number of existing construction and demolition waste landfills that continue to be subject to the reporting and recordkeeping burdens associated with corrective action (21 in the first update vs. 18 in this second update).

     Any small/arid/remote construction and demolition facility that incurred reporting and recordkeeping burdens in the first update between September 30, 1999 and September 30, 2002 did not incur any additional burdens under the second update due to the one-time nature of those reporting and recordkeeping burdens.  In addition, any new construction and demolition waste landfill (new between September 30, 1999 and September 30, 2002) did not incur any additional burdens under this second update due to the one-time reporting and recordkeeping burdens associated with the floodplain provision, the small/arid/remote demonstration, and the establishment of the ground-water monitoring system.

Third Update

     For the third update, EPA is again developing new recordkeeping and reporting burden estimates.  EPA has revised this ICR by increasing the number of C&D landfills subject to this ICR by revising the second update up from 127 construction and demolition landfills to 165.  This increase is based upon the original 18 affected States as reported in BioCycle trade magazine in January 2004.  The total number of respondents is therefore 165 construction and demolition waste landfills plus 18 States (183 respondents).  This increase represents a 30% increase in the number of construction and demolition waste landfills that were reported in the last update. For this ICR, the Agency assumes 14 new and lateral expansions of existing units will be activated per year as construction and demolition waste units accepting CEVSQG waste become subject to the part 257, subpart B rule.

Fourth Update

For the fourth update, EPA is again developing new recordkeeping and reporting burden estimates.  EPA has revised this ICR by decreasing the number of C&D landfills subject to this ICR by revising the third update down from 165 C&D landfills to 134.  This decrease is based upon the original 18 affected states as reported in Biocycle trade magazine in April 2006.  The number of respondents is therefore 134 C&D waste landfills plus 18 States, for a total of 152 respondents.  This decrease represents a 19% reduction in the number of C&D waste landfills that were reported in the last update.      For this current ICR, the Agency assumes 14 new and lateral expansion of existing units will be activated per year accepting CEVSQG waste subject to Part 257, Subpart B rule.  The Agency believes that fewer, larger landfills will sustain the need for lateral expansions.

Fifth Update

For this fifth update, EPA is once again developing new recordkeeping and reporting burden estimates.  EPA has reviewed Biocycle trade magazine and has concluded that the number of C&D landfills has stopped the decline and has remained at the current level of 134. The number of respondents is therefore 134 C&D waste landfills plus 18 States, for a total of 152 respondents.

For this current ICR, the Agency assumes 14 new and lateral expansion of existing units will be activated per year accepting CEVSQG waste subject to Part 257, Subpart B rule.

Sixth Update

This update has reviewed Biocycle trade magazine and determined that the number of C&D landfills have remained constant for this period, at 134. The number of respondents is therefore  134 C&D waste landfills plus 18 States, for a total of 152 respondents.

For this ICR, the Agency assumes 14 new and lateral expansion of existing units will be activated per year accepting CEVSQG waste subject to part 257, Subpart B rule.

(b)	ESTIMATING THE RESPONDENT BURDEN HOURS - Ninth Update Continuing ICR

      For this ninth update, EPA is once again developing new recordkeeping and reporting burden estimates.  EPA has reviewed Biocycle trade magazine and has concluded that the number of C&D landfills has remained at the current level of 134. The number of respondents is therefore 134 C&D waste landfills plus 18 States, for a total of 152 respondents.      For this current ICR, the Agency assumes 14 new and lateral expansion of existing units will be activated per year accepting CEVSQG waste subject to Part 257, Subpart B rule.  The Agency believes that the current trend of fewer, larger landfills will sustain the need for lateral expansions.

	LOCATION RESTRICTIONS

Section 257.8 - Floodplains

      No existing facilities incur any one-time or annual burdens in this continuing ICR. For the 14 new non-municipal non-hazardous waste disposal units that may receive CEVSQG waste and lateral expansions of existing units that are affected by this requirement, approximately 20% are expected to be within a 100-year floodplain.  EPA has estimated a one-time recordkeeping requirement for this location restriction of 10 hours per unit.  There is a one-time reporting burden of two hours per unit.

Section 257.9 - Wetlands

      The requirement for the wetlands location restriction comes from the Clean Water Act (CWA) and incorporates EPA guidelines developed pursuant to the CWA.  Any recordkeeping requirement is attributable to implementing the CWA and not the Criteria for Classification of Solid Waste Disposal Facilities and Practices.  Therefore, in order to avoid double counting, no recordkeeping requirements for this location provision are included in this estimate.  The reporting and recordkeeping requirements are reported under OMB Control Number 2040-0086.

Section 257.13 - Deadline for Making Demonstrations

      This section does not include any recordkeeping or reporting requirements.               	GROUND-WATER MONITORING AND CORRECTIVE ACTION

Section 257.21(b) - No Migration Petition

      Owners and operators of non-municipal non-hazardous waste disposal units that may receive CEVSQG wastes may demonstrate (document) that there is no potential for migration of hazardous constituents from the unit.  The demonstration is to be based on site-specific data and fate and transport modeling.  EPA estimates that no more than 1 owner/operator out of the 14 new facilities will attempt this demonstration.  EPA assumes that the required documentation would result in a one-time reporting requirement of 100 hours per unit.  Section 257.21(b) does not contain recordkeeping requirements; however, the one-time recordkeeping requirements of two hours per unit from Section 257.30 have been included here.

Section 257.21(h) and (i) - Small and Arid or Remote Non-municipal Non-hazardous Waste Disposal Units

      One-time burden hours are incurred under this provision for 3 of the 14 new small/arid/remote facilities that are eligible to use alternative ground-water monitoring and choose to upgrade.  The Agency assumes that 3 of the total 14 new units will be located in small/arid/remote locations.  The requirement is for owners and operators of these small/arid/remote non-municipal non-hazardous waste disposal units to make the determination that they meet the criteria in §257.21(h).  There is a one-time recordkeeping burden of 10 hours per unit and a one-time reporting burden of two hours per unit.

Section 257.21(i)(2) - Small and Arid or Remote Non-municipal Non-hazardous waste disposal Units

      EPA has assumed that none of the 3 new or lateral expansions of existing non-municipal non-hazardous waste disposal units that are eligible to use alternative ground-water monitoring techniques and choose to upgrade will detect contamination requiring expanded ground-water monitoring.   First, because these disposal units are small and located in dry or generally frozen climates, they are less likely to have contamination.  Moreover, the economics are such that upgrading will be cost-effective for the small units only if expanded monitoring will not be necessary.  Therefore, EPA assumes that none of these units will have to incur the reporting or recordkeeping requirements associated with expanded ground-water monitoring.

Section 257.21 - §257.23 - Establish Ground-Water Monitoring Systems

      EPA estimates 14 new or lateral expansions of existing construction and demolition landfills will choose to upgrade and will not be eligible to use alternative ground-water monitoring techniques.  The Agency assumes the one-time reporting requirement of 20 hours per unit would result for these 14 new or lateral expansions of existing units.   There are one-time recordkeeping requirements at §§257.22(d)(2), 257.23(a), and 257.23(g).  All three sections have a six-hour per unit recordkeeping requirement.         Section 257.24 - Detection Monitoring Program

      EPA estimates the total annual reporting burden for detection monitoring to be 32 hours per year for the 134 existing units and the 14 new or lateral expansions of existing units per year.  The annual recordkeeping requirement burden is two hours for each unit.  This burden does not apply to existing, new or lateral expansions of existing units meeting the criteria for small units located in remote or arid regions as defined in §257.21(h).

Section 257.25 - Assessment Monitoring Program        EPA assumes that only existing units may need to establish an assessment monitoring program within the time frame covered by this ICR.  None of the new units are expected to require assessment monitoring prior to January 31, 2009.

      For assessment monitoring, EPA estimates that this rule would impose an annual reporting burden of 32 hours per occurrence per year.  EPA assumes that 22 units are included in the recordkeeping estimate.  This estimate includes the units that voluntarily chose to make the "false positives" demonstration at §257.25(g)(2).  There is an annual recordkeeping requirement of two hours for each unit.         Section 257.25(g)(2)  - "False Positives"

      See the discussion for §257.25 - Assessment Monitoring Program.

Section 257.27 - Selection of Remedy

      For corrective action, EPA estimated an annual reporting burden of 200 hours per year to document progress in clean-up activities.  The Agency assumes 22 units are included in the recordkeeping estimate and would have increased burdens.

      The estimated reporting burden includes consideration of §257.27(d), the requirement to establish a schedule for implementing and completing remedial measures.  The estimated burden also includes consideration of §257.27(e), the conditions that would allow no ground-water clean-up.

      If the owner or operator determines that compliance with §257.27(b) cannot be practically achieved, then the owner or operator must comply with the requirements of §257.28(c)(4).

      There are annual recordkeeping burdens at §§257.27(b), 257.28(c)(4) and 257.28(e)(2).  Each of these annual recordkeeping burdens requires two hours per unit, for a total of six hours.

Section 257.28 - Implementation of Corrective Action Program               EPA assumes that no owner or operator will have completed corrective action and, therefore, be required to comply with §257.28(f) prior to November 30, 2018.  Section 257.28(e) requires, at a minimum, 3 consecutive years of data to demonstrate compliance with the ground-water protection standard.  Assuming existing facilities entered assessment monitoring no earlier than 2001, it is highly unlikely that any existing facility would have burdens associated with Section 257.28. This section, therefore, contains no reporting requirements.

	RECORDKEEPING REQUIREMENT

Section 257.30 - Recordkeeping Requirements

      EPA estimates that the recordkeeping requirement at §257.30 to place notifications in the operating record will impose a one-time recordkeeping burden of 10 hours on 1 new or lateral expansion of an existing unit per year.

      6(c)	ESTIMATING RESPONDENT BURDEN HOURS AND COSTS

      For a summary of the estimated respondent annual and one-time recordkeeping and reporting requirements burdens and costs, see Exhibits 4 through 7.  In preparing cost and burden estimates for this continuing ICR, EPA used the estimates prepared in similar programs that have been approved by OMB.  The primary ICR used as a guideline was the ICR for part 258, which contains similar reporting and recordkeeping requirements.  Additional ICRs reviewed included the Underground Storage Tanks (UST) program (Subtitle I) and the Subtitle C program.  For State agencies, EPA estimates an average hourly State labor cost (including fringe and overhead) of $67.67 for legal staff, $63.52 for managerial staff, $38.00 for technical staff, and $24.24 for clerical staff.  These State labor costs were obtained from a previously approved ICR and updated to 2022 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.

      	EXHIBIT 1

Estimated Respondent Wage Rates for Commercial Construction and Demolition Landfills Only

Legal

                                    $ 67.67

Managerial

                                    $ 63.52

Technical

                                    $ 38.00

Clerical

                                    $ 24.24

      6(d)	ESTIMATING AGENCY BURDEN HOURS AND COST

      All information is submitted to the States; therefore, Agency burden and cost are negligible.  The State burden for recordkeeping will be for processing notifications sent by the owners or operators of units that elect to continue receiving CEVSQG wastes, review of the unit demonstrations, and certification of requirements.  States will be notified as specified previously under 3(b).  Exhibit 2 presents the wage rates used to estimate the cost to the Agency and States. For State agencies, EPA estimates an average hourly respondent labor cost (including fringe and overhead) of $67.67 for legal staff, $63.52 for managerial staff, $38.00 for technical staff, and $24.24 for clerical staff.  These labor costs were obtained from a previously approved ICR and updated to 2022 levels using Employment Cost Indexes developed by the U.S. Bureau of Labor Statistics.						 					 						EXHIBIT 2

                       Estimated Agency/State Wage Rates

Legal

                                    $ 67.67

Managerial

                                    $ 63.52

Technical

                                    $ 38.00

Clerical

                                    $ 24.24

      6(e)	ESTIMATING STATE BURDEN HOURS AND COST

      The annual and one-time recordkeeping and reporting burden for State agencies is summarized in Exhibit 3 below.  Based on the information in the recently revised ICR for part 258 (ICR #1381), the total estimated recordkeeping and reporting burden for clerical staff is 2.5 hours per notification and the total estimated burden for technical staff is one hour per notification.  For both recordkeeping and reporting estimates, the Agency assumes that neither the legal nor the managerial staff will be responsible for any additional burden or cost.

	EXHIBIT 3

	Estimated State Recordkeeping/Reporting Burden and Cost

Number    of  Notifi- cations

Legal $67.67

Manager $63.52

Technical $38.00

Clerical $24.24

Total Hours Per/yr

Total Cost ($) Per/yr

LOCATION RESTRICTIONS

Annual

0

0

0

0

0

0.0

0.00

One-Time

3

0

0

1

2.5

10.5

$296

GROUND-WATER MONITORING AND CORRECTIVE ACTION

Annual

202

0

0

1

2.5

707

$19,998

One -Time

12

0

0

1

2.5

42.0

$1,188

                    6(f) 	BOTTOM LINE BURDEN HOURS AND COST/MASTER TABLES

      Exhibits 4 and 6 present the estimated annual respondent burden hours and cost for reporting and recordkeeping requirements.  The annual burden for respondents is 10,312 hours and the estimated cost is $373,823.

      Exhibits 5 and 7 present the estimated one-time respondent burden hours and cost for reporting and recordkeeping requirements.  The total one-time burden for respondents is 548 hours and the estimated cost is $22,765.

            Exhibit 8 presents a summary of the burden hours and cost incurred by both the States and owners and operators because of this final rule.  The annual burden for reporting and recordkeeping requirements is 11,019 hours and the estimated cost is $393,821.  The total one-time burden for reporting and recordkeeping requirements is 601 hours and the estimated cost is $24,249. The total one-time burden hours for reporting and recordkeeping has been annualized over a three-year period and added to the annual burden hours, therefore, the total annual burden hours for reporting and recordkeeping is 11,219.  In a similar manner, the total annual estimated cost is $401,904.

      6(g)	REASONS FOR CHANGE IN BURDEN

      This is a continuing ICR.  Primary reasons for no changes in the burden is due to the number of C&D facilities have remained the same since the last renewal that were previously incurred during the period from February 24, 2020, until February 23, 2023.

                       CHANGES TO CAPITAL/STARTUP AND O&M COSTS

         In addition, the first update to this ICR was approved subject to the following terms of clearance.  It was requested that EPA verify that no non-labor costs would be incurred by respondents in complying with this collection.  If non-labor costs were to be incurred by respondents, EPA was to revise the second ICR to account for them.  EPA has revised this as well as the previous ICR to address these additional costs associated with performing a hydrogeologic study, installation of ground-water monitoring wells, and sampling costs associated with sampling of ground water wells.  EPA has assumed 14 new or lateral expansions for the period of December 01, 2018 until November 30, 2021.  These 14 expansions will each need to perform a hydrogeologic study to assess where to establish ground water monitoring wells.  The study, for a small site like most construction and demolition waste landfills are, would cost $137,350 per site for a total of $1,922,900.  This total cost averaged over the 3-year period would be $640,967 per year.

      For these new or lateral expansions, they will need to establish 4 wells per site for ground water monitoring.  The capital cost for a total of 56 wells, at a depth of 50 feet, would total $398,496.  This total averaged over the 3-year period would cost $132,832 per year.  Lastly, the costs associated with sampling and analytical work would be a total of $803,860 per year.  This assumes that the sampling and analytical work is not performed by facility personal and that the analytical work is for analysis of VOCs only.                                   The total annual O&M costs will be $1,577,659.         Hydrogeologic Study $640,967 56 Wells $132,832 Analytical Work $803,860 Total $1,577,659

      6(h)	BURDEN STATEMENT                    The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 79 hours per respondent. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.  An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

      To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-RCRA-2015-0278, which is available for public viewing at the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA/DC Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>.  An electronic version of the public docket is available for online viewing at http://www.regulations.gov .  Use http://www.regulations.gov  to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  Once in the system, select "search," then key in the docket ID number identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-RCRA-2015-0278 and OMB Control Number 2050-0154 in any correspondence.

                                                                             EXHIBIT 4 	ESTIMATED ANNUAL RESPONDENT RECORDKEEPING BURDEN AND COST

REQUIREMENT

       NUMBER OF                RESPONDENTS  -           ACTIVITY EXISTING      NEW

HOURS PER RESPONDENT - ACTIVITY LEGAL        MANAGER   TECHNICAL    CLERICAL $67.67/HR     $63.52/HR     $38.00/HR         $24.24/HR

TOTAL  HOURS  PER YEAR

TOTAL COST  PER YEAR

Floodplains -  257.8

0                           0

   0                   0                      0                        0

        0

         0

Wetlands - 257.9

0                           0

   0                   0                      0                        0

        0

         0

No Migration Petition  257.21(b)

0                           0

   0                   0                      0                        0

        0

         0

Small and Remote Facilities - 257.21(h)

0                           0

   0                   0                      0                        0

        0

         0

Small and Remote Facilities - 257.21(i)

0                           0

   0                   0                      0                        0

        0

          0

Establish GWM  System - 257.23

0                           0

   0                   0                      0                        0

        0

          0

Detection Monitoring Program - 257.24

134                       14

   0                    0                     1                        1

      296

        9,212

Assessment Monitoring Program - 257.25

22                         0

   0                   0                      1                        1

        44

        1,369

Selection of Remedy 257.27

22                         0

   0                   0                       3                       3

       132

        4,108

Recordkeeping Requirements - 257.30

0                           0

   0                   0                       0                       0

         0

           0

TOTAL ANNUAL RECORDKEEPING BURDEN AND COST

178                       14

       472

       14,689

	EXHIBIT 5 	ESTIMATED ONE-TIME RESPONDENT RECORDKEEPING BURDEN AND COST

REQUIREMENT

       NUMBER OF                RESPONDENTS  -           ACTIVITY EXISTING      NEW

HOURS PER RESPONDENT - ACTIVITY

LEGAL       MANAGER   TECHNICAL    CLERICAL $67.67/HR   $63.52/HR      $38.00/HR         $24.24/HR

TOTAL  HOURS  PER YEAR

TOTAL COST  PER YEAR

Floodplains -  257.8

0                           3

   0                   2                      4                        4

        30

        1,128

Wetlands - 257.9

0                           0

   0                   0                      0                        0

          0

          0

No Migration Petition  257.21(b)

0                           1

   0                   0                      1                        1

         2

          62

Small and Remote Facilities - 257.21(h)

0                           3

   0                   2                      3                        5

        30

         1,087

Small and Remote Facilities - 257.21(i)

0                           0

   0                   0                      0                        0

          0

          0

Establish GWM  System - 257.23

0                           14

   0                   0                      3                        3

         84

       2,614

Detection Monitoring Program - 257.24

0                           0

   0                    0                     0                        0

         0

          0

Assessment Monitoring Program - 257.25

0                           0

   0                   0                      0                        0

          0

          0

Selection of Remedy 257.27

0                           0

   0                   0                      0                        0

          0

          0

Recordkeeping Requirements - 257.30

0                           1

   0                   2                      4                        4

        10

        376

TOTAL ONE-TIME RECORDKEEPING BURDEN  AND COST

0                           22

       156

     5,267

                                                                                EXHIBIT 6 	ESTIMATED ANNUAL RESPONDENT REPORTING BURDEN AND COST

REQUIREMENT

       NUMBER OF                RESPONDENTS  -           ACTIVITY EXISTING      NEW

HOURS PER RESPONDENT - ACTIVITY

LEGAL      MANAGER    TECHNICAL       CLERICAL $67.67/HR   $63.52/HR         $38.00/HR        $24.24/HR

TOTAL  HOURS  PER YEAR

TOTAL COST  PER YEAR

Floodplains -  257.8

0                           0

   0                   0                      0                        0

        0

         0

Wetlands - 257.9

0                           0

   0                   0                      0                        0

        0

         0

No Migration Petition  257.21(b)

0                           0

   0                   0                      0                        0

        0

         0

Small and Remote Facilities - 257.21(h)

0                           0

   0                   0                      0                        0

        0

         0

Small and Remote Facilities - 257.21(i)

0                           0

   0                   0                      0                        0

        0

          0

Establish GWM  System - 257.23

0                           0

   0                   0                      0                        0

        0

          0

Detection Monitoring Program - 257.24

134                       14

   0                   6                      12                      14

      4,736

    174,119

Assessment Monitoring Program - 257.25

22                         0

   2                   6                      12                      12

         704

      30,771

Selection of Remedy 257.27

22                         0

   10                 30                    40                      120

      4,400

     154,244

Recordkeeping Requirements - 257.30

0                           0

   0                   0                       0                       0

         0

          0

TOTAL ANNUAL REPORTING BURDEN  AND COST

178                       14

       9,840

     359,134

                                                                                EXHIBIT  7  	ESTIMATED ONE-TIME RESPONDENT REPORTING BURDEN AND COST

REQUIREMENT

       NUMBER OF                RESPONDENTS  -           ACTIVITY EXISTING      NEW

HOURS PER RESPONDENT  -  ACTIVITY

LEGAL          MANAGER   TECHNICAL    CLERICAL $67.67/HR      $63.52/HR        $38.00/HR       $24.24/HR

TOTAL  HOURS  PER YEAR

TOTAL COST  PER YEAR

Floodplains -  257.8

0                           3

   0                   0                      1                        1

          6

        187

Wetlands - 257.9

0                           0

   0                   0                      0                        0

          0

          0

No Migration Petition  257.21(b)

0                           1

   5                  20                    60                      15

       100

      4,252

Small and Remote Facilities - 257.21(h)

0                           3

   0                   0                      1                        1

          6

         187

Small and Remote Facilities - 257.21(i)

0                           0

   0                   0                      0                        0

          0

          0

Establish GWM  System - 257.23

0                           14

   2                   5                     11                       2

       280

      12,872

Detection Monitoring Program - 257.24

0                           0

   0                    0                     0                        0

          0

          0

Assessment Monitoring Program - 257.25

0                           0

   0                   0                      0                        0

          0

          0

Selection of Remedy 257.27

0                           0

   0                   0                      0                        0

          0

          0

Recordkeeping Requirements - 257.30

0                           0

   0                   0                      0                        0

          0

          0

TOTAL ONE-TIME REPORTING BURDEN  AND COST

0                           21

       392

    17,498

                                   EXHIBIT 8 	TOTAL ESTIMATED ANNUAL AND ONE-TIME BURDEN HOURS AND COSTS

ANNUAL  BURDEN

                                ONE-TIME BURDEN

Hours

Costs

 Hours

Costs

State Reporting and Recordkeeping Burden

707

$ 19,998

     53

$ 1,484

Respondent Reporting and Recordkeeping Burden

10,312

$373,823

   548

$22,765

TOTAL ESTIMATED BURDEN

11,019

$393,821

   601

$24,249

Total Annual Burden Hours and Costs = Annual Burden + 1/3 of One-time burden

Total Annual Burden Hours = 11,019 + 1/3 (601) = 11,219

Total Annual Burden Costs = 393,821 + 1/3 (24,249) = $401,904


[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56905-56906]
[FR Doc No: 2012-22636]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67811; File No. SR-NYSEMKT-2012-26]

Self-Regulatory Organizations; NYSE MKT LLC; Order Approving
Proposed Rule Change Amending Rule 76--Equities To Add Supplementary
Material Relating to a Cross Function That Provides a Regulation NMS
Rule 611--Compliant Tool for Floor Brokers

September 10, 2012.

I. Introduction

    On July 13, 2012, NYSE MKT LLC (``Exchange'' or ``NYSE MKT '')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
amending Rule 76--Equities to add supplementary material to provide
Floor Brokers with a new functionality

through which to effect manual cross transactions of block size. The
proposed rule change was published for comment in the Federal Register
on July 27, 2012.\3\ The Commission received no comment letters
regarding the proposed rule change. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67489 (July 23,
2012), 77 FR 44294 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    Currently, the Floor Broker and Designated Market Maker (``DMM''),
after announcing a proposed cross transaction to the trading crowd,\4\
must manually monitor the protected best bid or offer to ensure that
the proposed cross can be executed in accordance with the customer's
instructions and in compliance with Rule 611 of Regulation NMS (``Rule
611'').\5\ The Exchange contends that, in today's fast-moving
electronic markets, this manual monitoring process may not be the
optimal manner by which to facilitate and evidence compliance with Rule
611.
---------------------------------------------------------------------------

    \4\ According to the Exchange, a DMM, on behalf of a Floor
Broker, will enter a cross transaction into the Exchange's Display
Book system as a completed transaction in situations where no one in
the trading crowd otherwise breaks up a proposed cross. The
completed transaction is printed to the consolidated tape (``Tape'')
at that price.
    \5\ 17 CFR 242.611. Commission staff has issued guidance
pertaining to the manual execution of orders under staff FAQ 3.23 of
Rule 611 (``FAQ 3.23'').
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to add a new Supplementary
Material to Rule 76--Equities.\6\ The proposed Supplementary Material
would allow Floor Brokers to enter a cross transaction into their hand
held device (``HHD''); the Exchange would provide a quote minder
function that would monitor protected bids and offers to determine when
the limit price assigned to the proposed crossed transaction is such
that the orders may be executed consistent with Regulation NMS Rule
611.
---------------------------------------------------------------------------

    \6\ Rule 76--Equities governs the execution of ``cross'' or
``crossing'' orders by Floor Brokers. Rule 76--Equities applies only
to manual transactions executed at the point of sale on the trading
floor and provides that when a member has an order to buy and an
order to sell the same security that can be crossed at the same
price, the member is required to announce to the trading crowd the
proposed cross by offering the security at a price that is higher
than his or her bid by a minimum variation permitted in the security
before crossing the orders. Any other member, including the
Designated Market Maker (``DMM''), can break up the announced bid
and offer by trading with either side of the proposed cross
transaction. According to the Exchange, an agency ``cross'' of
10,000 shares or more at or between the Exchange best bid or offer
has priority and can only be broken up to provide price improvement
that is better than the cross price as to all or part of such bid or
offer. A buy and sell order to be crossed pursuant to Rule 72(d)--
Equities is subject to Rule 76, including the requirement that such
a proposed cross be announced to the crowd. See Notice, supra note 3
at 44295; see also, Rule 72(d)--Equities.
---------------------------------------------------------------------------

    When the trade can be effected at or between the protected bid and
offer, the Exchange-provided quote minder will: (i) Deliver an alert
message to the Floor Broker's HHD indicating that the orders may be
crossed; (ii) capture a time-stamped quote within Exchange systems that
includes the time that the alert was sent to the HHD and the protected
bid and offer at that time; (iii) commence a 20-second timer from the
moment a cross trade may be executed at or between the protected and
bid offer; and (iv) enable a print key function in the HHD permitting
the Floor Broker to cross the orders and print the trade through
Exchange systems to the Tape within that 20-second time period.
    When the Floor Broker receives the alert message mentioned above,
the Floor Broker must first announce the proposed cross transaction to
the trading crowd; if the crowd or the DMM does not break up the
proposed cross trade, the Floor Broker may then execute the trade using
the print key function of the HHD before the expiration of the 20-
second time period.
    The proposed Supplementary Material would require the proposed
cross transaction to consist of at least 10,000 shares or a quantity of
stock having a market value of $200,000 or more. Further, the proposed
cross transaction may not be for the account of the member or member
organization, an account of an associated person, or an account with
respect to which the member, member organization or associated person
exercises investment discretion. The Exchange has represented that this
restriction would help ensure that the functionality would not be used
for affiliated principal order flow.

III. Discussion and Commission Findings

    After careful review, 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.\7\
Specifically, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\8\ in that it is designed
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism for a free and open market and a national
market system and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \7\ 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).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposed Supplementary Material to
Rule 76--Equities removes impediments to and perfects the mechanism of
a free and open market because the proposed cross functionality is
reasonably designed to assist Floor Brokers' ability to cross orders on
the Exchange, particularly if there is significant quote traffic with
flickering prices, while facilitating compliance with the trade-through
restrictions of Rule 611. Given the rapid quotation changes in today's
electronic markets, the Commission believes that it is reasonable to
allow Floor Brokers a 20-second look-back period in which to manually
execute the cross transaction without violating the trade-through rule.
The Commission also notes that the proposal does not otherwise change
the operation of Rule 76--Equities. For example, the Floor Broker is
still required to expose the proposed cross transaction to the trading
crowd, and the proposed cross transaction may be broken up by members
by trading with either side of the proposed transaction during the 20-
second time period.
    The Commission further notes that the proposal would bring more
automation to the Exchange, which could support more efficient
executions of the cross transactions. Moreover, because the transaction
terms will be captured in an automated system, the proposed cross
functionality is reasonably designed to provide a better audit trail
for manually crossed orders, which may facilitate review of Floor
Broker transactions for purposes of compliance with Rule 611.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-NYSEMKT-2012-26) be, and it
hereby is, approved.
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    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22636 Filed 9-13-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Notices]
[Pages 82308-82309]
[FR Doc No: 2011-33572]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0659]

Guidance for Industry: Current Good Tissue Practice and
Additional Requirements for Manufacturers of Human Cells, Tissues, and
Cellular and Tissue-Based Products; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a document entitled ``Guidance for Industry: Current
Good Tissue Practice (CGTP) and Additional Requirements for
Manufacturers of Human Cells, Tissues, and Cellular and Tissue-Based
Products (HCT/Ps)'' dated December 2011. The guidance document provides
recommendations to establishments for complying with CGTP and
additional requirements for manufacturers of HCT/Ps. The guidance is
intended for any HCT/P establishment that performs a manufacturing step
and is responsible for complying with CGTP requirements. The guidance
also addresses whether the establishment registration and HCT/P listing
requirements apply in certain instances. The guidance announced in this
notice finalizes the draft guidance of the same title dated January
2009.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Office of Communication, Outreach and Development (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. Send one self-addressed adhesive label to assist that office in
processing your requests. The guidance may also be obtained by mail by
calling CBER at 1-(800) 835-4709 or<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for electronic access to the guidance
document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lori Jo Churchyard, Center for
Biologics Evaluation and Research (HFM-17), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled
``Guidance for Industry: Current Good Tissue Practice (CGTP) and
Additional Requirements for Manufacturers of Human Cells, Tissues, and
Cellular and Tissue-Based Products (HCT/Ps)'' dated December 2011. The
guidance provides recommendations for complying with the CGTP
requirements under part 1271 (21 CFR part 1271), subpart D, and
additional requirements for manufacturers of HCT/Ps under part 1271,
subpart E. The guidance is intended for any HCT/P establishment that
performs a manufacturing step and is responsible for complying with
CGTP requirements. However, at this time, part 1271, subpart D (with
the exceptions of Sec. Sec.  1271.150(c) and 1271.155) and subpart E do
not apply to reproductive HCT/P establishments regulated solely under
section 361 of the Public Health Service Act (42 U.S.C. 264) (the PHS
Act). In consideration of the input FDA received from stakeholders,
this guidance provides recommendations for establishments that
manufacture HCT/Ps that meet the criteria listed in Sec.  1271.10 and
are regulated solely under section 361 of the PHS Act and the
regulations in part 1271. CGTP requirements also apply to HCT/Ps
regulated as drugs, devices, and/or biological products under section
351 of the PHS Act (42 U.S.C. 262) and/or the Federal Food, Drug, and
Cosmetic Act (see Sec.  1271.1(b)(2)). The guidance also addresses
whether the establishment registration and HCT/P listing requirements
under part 1271, subparts A and B, apply in certain instances.
    In the Federal Register of January 16, 2009 (74 FR 3055), FDA
announced the availability of the draft guidance of the same title
dated January 2009. FDA received numerous comments on the draft
guidance, and those comments were considered as the guidance was
finalized. In addition, editorial changes were made to improve clarity.
The guidance announced in this notice finalizes the draft guidance
dated January 2009.
    The guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents FDA's
current thinking on this topic. It does not create or confer any rights
for or on any person and does not operate to bind FDA or the public. An
alternative approach may be used if such approach satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR part 1271 have been approved under
OMB control number 0910-0543, and the collections of information in 21
CFR part 820 have been approved under OMB control number 0910-0073.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: December 15, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-33572 Filed 12-29-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Notices]
[Pages 12381-12383]
[FR Doc No: 2017-04031]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80102; File No. SR-ISEGemini-2017-08]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Related to All-or-
None Orders

February 24, 2017.
    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 February 24, 2017, ISE Gemini, LLC (``ISE Gemini'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
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 Substance
of the Proposed Rule Change

    The Exchange proposes to provide that All-Or-None Orders may only
be entered into the trading system with a time-in-force designation of
Immediate-Or-Cancel.
    The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\3\
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    \3\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.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 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 proposes to amend Rule 715(c) to provide that an All-
Or-None Order may only be entered into the trading system with a time-
in-force designation of Immediate-Or-Cancel order in connection with
the Exchange's technology migration to INET.
    An All-Or-None Order is a limit or market order that is to be
executed in its entirety or not at all. Today, an All-Or-None Order may
be designated as a market or limit order with any time-in-force
designation. The Exchange proposes to limit All-Or-None Orders to only
be accepted with a time-in-force designation of Immediate-Or-Cancel. An
Immediate-Or-Cancel Order is a limit order that is to be executed in
whole or in part upon receipt. Any portion not so executed is to be
treated as cancelled.
    The Exchange also proposes to amend Supplementary Material .02 to
Rule 713 to make clear that All-Or-None Orders will only be accepted
with a time-in-force designation of Immediate-Or-Cancel and, therefore,
would not persist in the Order Book. The Exchange also proposes to
amend Supplementary Material .03 to Rule 717 to reserve this section as
All-Or-None Orders would not be subject to exposure because they would
be cancelled if not executed in their entirety.\4\
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    \4\ The Exchange notes that Rule 716(e), Solicited Order
Mechanism, is not being amended because only All-Or-None Orders are
accepted into this mechanism. The proposed rule change does not
impact the manner in which the Solicited Order Mechanism operates.
---------------------------------------------------------------------------

Implementation
    The Exchange will begin a system migration to Nasdaq INET in Q1 of
2017.\5\ The migration will be on a symbol by symbol basis as specified
by the Exchange in a notice to Members. The Exchange is proposing to
implement this rule change on the INET platform as the symbols migrate
to that platform. Members could continue to submit orders with any
time-in-force designation until the symbol migrates to the INET
platform. Once the symbol migrates to INET an All-Or-None Order could
only be submitted with a time-in-force designation of Immediate-Or-
Cancel.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 80011 (February 10,
2017), 82 FR 10927 (SR-ISEGemini-2016-17) (Order Approving Proposed
Rule Change, as Modified by Amendment Nos. 1 and 2, To Amend Various
Rules in Connection With a System Migration to Nasdaq INET
Technology).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed 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 by
mitigating risks to market participants. The Exchange believes that the
proposal is appropriate and reasonable, because the time-in-force
designation of Immediate-Or-Cancel will offer Members certainty with
respect to their order handling. With this proposal, an All-Or-None
Order will either execute immediately or be cancelled back to the
Member. All-Or-None Orders are contingency orders that have no priority
on the Order Book. These orders would receive an execution after all
other trading interest at the same price has been exhausted. This
proposal would remove uncertainty with respect to the manner in which
these orders would be handled in the Order Book by cancelling back an
All-Or-None Order if it cannot be immediately executed in its entirety.
Today, the NASDAQ Options Market, LLC (``NOM'') only permits All-Or-
None Orders to be submitted with a time-in-force designation of
Immediate-Or-Cancel.\8\
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ See NOM Rules, Chapter VI, Section 1(g)(2).
---------------------------------------------------------------------------

    The Exchange notes that Members are aware of the Exchange's efforts
to replatform to the INET technology. Members have been involved in
testing the system and providing feedback to the Exchange throughout
this migration process. Members were provided notice of this proposed
change to the trading system on February 23, 2017. The Exchange intends
to make clear the implementation of this functionality within its
Rulebook.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impact the intense competition that
exists in the options market. No market participant would be able to
submit an All-Or-None Order on the INET system without a time-in-force
designation of Immediate-Or-Cancel. The Exchange believes the All-Or-
None Order type, as proposed, will continue to offer Members a
competitive alternative on ISE Gemini for submitting orders for
execution.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived the five-day prefiling requirement in this
case.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Exchange represents that waiver of the operative delay would allow
the Exchange to launch its transition to the INET technology on the
schedule previously announced to Members. The Exchange states that it
provided notice of the proposed rule change to Members on February 23,
2017. The Exchange also represents that the Exchange has directly
contacted the Members

responsible for over 99 percent of All-Or-None Orders on an average
trading date on the Exchange and confirmed that the proposed rule
change would have little impact on the Members' operations on the
Exchange. The Exchange also represents that the primary impact of the
proposal will not occur until later in the INET transition process.
According to the Exchange, All-Or-None Orders are typically utilized
for more liquid symbols, which will not begin to migrate to INET until
the third week of the transition schedule and thereafter. Accordingly,
the Commission hereby waives the operative delay and designates the
proposal operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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.

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-ISEGemin-2017-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISEGemini-2017-08. 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-ISEGemini-2017-08 and should
be submitted on or before March 23, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-04031 Filed 3-1-17; 8:45 am]
 BILLING CODE 8011-01-P