SF-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

  SEQ CHAPTER \h \r 1   SEQ CHAPTER \h \r 1 NSPS for Surface Coating of
Large Appliances (40 CFR Part 60, Subpart SS)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

  SEQ CHAPTER \h \r 1 NSPS for Surface Coating of Large Appliances (40
CFR Part 60, Subpart SS)

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for Large Appliance Surface
Coating (40 CFR part 60, subpart SS) were proposed on   SEQ CHAPTER \h
\r 1 December 24, 1980, and promulgated on October 27, 1982.    SEQ
CHAPTER \h \r 1   SEQ CHAPTER \h \r 1 These regulations apply to large
appliance coating facilities commencing construction, modification or
reconstruction after December 24, 1980.  This information is being
collected to assure compliance with 40 CFR part 60, subpart SS.

In general, all NSPS require initial notifications, performance tests,
and periodic reports.  Owners or operators also are required to maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility, or any period
during which the monitoring system is inoperative.  These notifications,
reports, and records are essential in determining compliance, and are
required of all sources subject to NSPS.

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

  SEQ CHAPTER \h \r 1 Approximately 72 sources currently are subject to
the regulation, and it is estimated that   SEQ CHAPTER \h \r 1 no
additional sources per year will become subject to the regulation in the
next three years.  These numbers are based on previous experience with
the industry and a search of the Agency’s Air Facility Subsystem (AFS)
database during a previous renewal.

OMB approved the current ICR without any Terms of Clearance.

The burden to the “Affected Public” may be found in Table 1: Annual
Respondent Burden and Cost.  The burden to the “Federal Government”
is attributed entirely to work performed by federal employees or
government contractors; this burden may be found in Table 2: Average
Annual EPA Burden.

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The Clean Air Act (CAA) provides authority to the Agency to establish
standards to control air pollution and to ensure compliance with
promulgated regulations through adequate recordkeeping and reporting by
the affected industries (i.e., respondents).  The regulations include
the New Source Performance Standards (NSPS) under section 111 of the
Act, the National Emission Standards for Hazardous Air Pollutants
(NESHAP), which includes the original NESHAP standards and the more
recent Maximum Achievable Control Technology (MACT), or NESHAP-MACT
standards under section 112 of the Act, and emission guidelines for the
designated types of incinerators under section 129 of the Act.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard(s) are used
by regulatory agencies, the public and the regulated community for a
variety of reasons including the determination of the respondent’s
compliance status, analytical studies to demonstrate compliance trends,
and evaluations regarding the efficacy of the promulgated regulations.

The required recordkeeping and reporting are also used to: 1) certify
compliance with the regulations; 2) determine the respondent’s
compliance with the designated emission limitation(s); 3) notify
regulatory agencies when a standard is violated; 4) evaluate continuous
compliance through the use of emission, or operational parameter
monitors; and 5) ensure that plant personnel are following the required
procedures and are periodically trained, as indicated.

3.  Nonduplication, Consultations, and Other Collection Criteria

The recordkeeping and reporting requested are required under 40 CFR part
60, subpart SS.

3(a)  Nonduplication

 The standards do not require duplication in the collection and
reporting of information.  If the subject standards have not been
delegated, the information is sent directly to the appropriate
Environmental Protection Agency (EPA) regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted its own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.

3(b)  Public Notice Required Prior to ICR Submission to OMB

	An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (74 FR 38004) on July 30, 2009.
No comments were received on the burden published in the Federal
Register.

 3(c)  Consultations

During a previous renewal of this ICR, several consultations were
conducted.  Comments received including those submitted in response to
the first federal register notice announcing the previous renewal of
this ICR were reviewed.  The Agency’s internal industry experts were
consulted.  The Agency’s internal data sources and any projections of
industry growth over the next three years were also considered.

The Agency’s primary source of information as reported by industry, in
compliance with the recordkeeping and reporting provisions in the
standard, is the Air Facility Subsystem (AFS), which is operated and
maintained by EPA's Office of Compliance.  AFS is EPA’s database for
the collection, maintenance, and retrieval of all compliance data.
There are currently 72 sources subject to the regulation, and it is
estimated that no additional sources per year will become subject to the
regulation in the next three years, while an equal number will go
off-line during this time period.

It should be noted that the respondents, the industry trade associations
and other interested parties were provided an opportunity to comment on
the burden associated with the standard as it was being developed, and
the standard previously has been reviewed to determine the minimum
information needed for compliance purposes.

3(d)  Effects of Less Frequent Collection

The effect of less frequent collection would be a decrease in the margin
of assurance that facilities are achieving the emission reductions
mandated by the CAA through the promulgation of the applicable
regulations.  In addition, the likelihood of detecting the poor
operation and maintenance of control equipment decreases, and the
detection of noncompliance could become problematic.

3(e)  General Guidelines

Neither the reporting, nor recordkeeping requirements violate the
regulations established by the Office of Management and Budget (OMB) at
5 CFR part 1320, section 1320.5.  However, most NESHAP standards and a
few NSPS standards require records to be kept more than three years.  In
general, these standards require the respondents to maintain all
records, including reports and notifications, for five years.  The
five-year record retention requirement is consistent with the permit
program at 40 CFR part 70, and the five-year statute of limitations on
which the permit program is based.

The retention of records for five years allows EPA to establish the
compliance history of the respondent for purposes of determining the
appropriate level of enforcement action.  Historically, EPA notes that
the most flagrant violations have extended beyond a five-year period.
If records are retained for less than five years, EPA would be deterred
from pursuing the most flagrant violations due to the destruction of
records documenting noncompliance.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in Title 40, Chapter 1, Part 2, Subpart B -
Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902,
September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR
42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

The recordkeeping and reporting requirements do not contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

  SEQ CHAPTER \h \r 1 The respondents of the record keeping and
reporting requirements are facilities which conduct surface coating of
metal furniture. The United States Standard Industrial Classification
(SIC) and corresponding North American Industry Classification System
(NAICS) codes for the respondents affected by the standards are shown in
the table below.

Regulation	SIC Codes	NAICS Codes

40 CFR part 60, subpart SS	3631	  SEQ CHAPTER \h \r 1 335221

	3632	  SEQ CHAPTER \h \r 1 335222

	3633	  SEQ CHAPTER \h \r 1 335224

	3639	  SEQ CHAPTER \h \r 1 335212, 333298, 335228

4(b)  Information Requested

Data Items

  SEQ CHAPTER \h \r 1 All data in this ICR that is recorded and/or
reported is required by subpart SS, New Source Performance Standards
(NSPS) for Large Appliance Surface Coating, 40 CFR part 60, subpart SS.

A source must make the following reports:

Reports for 40 CFR part 60, subpart SS

Notification of construction/reconstruction 	60.7(a)(1)

Notification of initial performance test	60.8(d)

Initial performance test results	60.8(a),   SEQ CHAPTER \h \r 1
60.455(a)

Notification of actual startup	60.7(a)(3)

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

Notification of a physical or operational change.	60.7(a)(4)

Semiannual report	60.7(d)

Excess emissions report	60.7(c),   SEQ CHAPTER \h \r 1 60.455(b),
60.455(c)

	A source must maintain the following records:

Recordkeeping for 40 CFR part 60, subpart SS

Startups, shutdowns, malfunctions, periods where the continuous
monitoring system is inoperative.	60.7(b)

Records are required to be retained for two years at the facility.	  SEQ
CHAPTER \h \r 1 60.455(d)

  SEQ CHAPTER \h \r 1 Maintain a file of all measurements including the
monitoring device, performance testing measurements, and monitoring
device calibrations, checks, adjustments and maintenance performed on
these devices. Monthly performance test.	60.7(e),   SEQ CHAPTER \h \r 1
60.453(a), 60.7(d)

Maintain daily records of incinerator combustion temperature, or amounts
of solvent recovered.	  SEQ CHAPTER \h \r 1 60.454(a)(3), 60.455(d)

		(ii) Respondent Activities

Respondent Activities

Read instructions.

  SEQ CHAPTER \h \r 1 Install, calibrate, maintain, and operate a device
that continuously records the combustion temperature of any effluent
gases incinerated to achieve compliance.

Perform initial performance test, Reference Method 24 test, and repeat
performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

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

Audit facility records.

Input, analyze, and maintain data in the AIRS (Aerometric Information
Retrieval System) Facility Subsystem (AFS) database.

5(b)  Collection Methodology and Management

The required data and reports can be evaluated on-site by conducting a
partial compliance evaluation, full compliance evaluation or inspection,
or through an off-site review of compliance monitoring records and
reports.  Evaluation reports and inspection results are maintained by
the Agency or delegated authority.

The results of these evaluations are entered into the Air Facility
Subsystem (AFS) which is operated and maintained by EPA's Office of
Compliance.  AFS is EPA’s database for the collection, maintenance,
and retrieval of compliance data for approximately 125,000 industrial
and government-owned facilities.  EPA uses the AFS for tracking air
pollution compliance and enforcement by local and state regulatory
agencies, EPA regional offices and EPA headquarters.  EPA and delegated
authorities can retrieve and analyze the data.

5(c)  Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  According to the promulgated rule notice in the Federal
Register (47 FR 47779) on October 27, 1982, industry growth is expected
to be confined to major manufacturers; the acquisition trend is also
expected to continue as small manufacturers, unable to compete with mass
producers, become prime candidates for acquisition.  Assuming this
predicted trend has continued, it is not likely that a significant
number of small businesses are currently subject to this regulation.

Due to technical considerations involving the process operations and the
types of control equipment employed, the recordkeeping and reporting
requirements are the same for both small and large entities.  The Agency
considers these requirements the minimum needed to ensure compliance
and, therefore, cannot reduce them further for small entities.  To the
extent that larger businesses can use economies of scale to reduce their
burden, the overall burden will be reduced.

5(d)  Collection Schedule

	The specific frequency for each information collection activity within
this request is shown below in Table 1: Annual Respondent Burden and
Cost.

6.  Estimating the Burden and Cost of the Collection

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

6(a)  Estimating Respondent Burden

The respondent burden is shown in Table 1.  The labor hours in Table 1
are based on Agency studies and background documents from the
development of the regulation, Agency knowledge and experience with the
standard, the previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$100.99 ($48.09 + 110%)

Technical	$87.97   ($41.89 + 110%)

Clerical	$43.81   ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December, 2005, “Table 2. Civilian Workers, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The rates have been increased by 110% to
account for the benefit packages available to those employed by private
industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

The type of industry costs associated with the information collection
activity in the regulations are labor and Continuous Emission Monitors
(CEMS).  The capital/startup costs are one-time costs when a facility
becomes subject to the regulation.  The annual operation and maintenance
costs are the ongoing costs to maintain the monitor and other costs such
as photocopying and postage.

Capital/Startup vs. Operation and Maintenance (O&M) Costs

Capital/Startup vs. Operation and Maintenance (O&M) Costs

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents	(D)

Total Capital/Startup Costs,

(B X C)	(E)

Annual O&M Cost for One Respondent	(F)

Number of Respondents with O&M1	(G)

Total O&M Costs,

(E X F)

Temperature	8,000	0	$0	$2,100	4	$8,400

1 Five percent of facilities use incineration

The total capital/startup costs for this ICR is the total of column D.

The total operation and maintenance (O&M) costs for this ICR is the
total of column G.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those associated with analysis of the
reported information.  EPA's overall compliance and enforcement program
includes activities such as the examination of records maintained by the
respondents and the publication and distribution of collected
information.

The average annual Agency cost during the three years of the ICR is
shown in Table 2, attached.

This cost is based on the average hourly labor rate as follows:

	Managerial	$57.20  (GS-13, Step 5, $35.75 x 1.6)

	Technical	$42.45  (GS-12, Step 1, $26.53 x 1.6)

	Clerical	$22.96  (GS - 6, Step 3, $14.35 x 1.6)

These rates are from the Office of Personnel Management (OPM) (2006
General Schedule( which excludes locality rates of pay.

6(d)  Estimating the Respondent Universe and Total Burden and Costs

Number of Respondents

	 Respondents That Submit Reports	 Respondents That Do Not Submit Any
Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records but Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	72	0	0	72

2	0	72	0	0	72

3	0	72	0	0	72

Average	0	72	0	0	72

1 New respondents include sources with constructed, reconstructed and
modified affected facilities.

To avoid double-counting respondents, column D is subtracted.  The
average Number of Respondents over the three-year period of this ICR is
shown in column D.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Notification of construction/ reconstruction	0	1	0	0

Notification of performance test	0	1.2	0	0

Notification of actual startup	0	1	0	0

Report of performance test	0	1.2	0	0

Semiannual report	72	2	0	72

Temperature variance report	72	2	0	72

	Total	144

The number of Total Annual Responses is shown in column E.

The total annual labor cost may be found in Table 1.

The average annual Agency burden and cost over next three years is shown
in Table 2.

6(e)  Bottom Line Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the
respondents are attached.

6(f)  Reasons for Change in Burden

There is no change in the labor hours to the respondents in this ICR
compared to the previous ICR.  This is due to two considerations.
First, the regulations have not changed over the past three years and
are not anticipated to change over the next three years.  Secondly, the
growth rate for respondents is very low, negative, or non-existent.
Therefore, the labor hours in the previous ICR reflect the current
burden to the respondents and are reiterated in this ICR.  There is a
minor change to the cost figures, since the previous ICR rounded to the
nearest $1,000; this ICR presents cost figures which differ by less than
$500 from the previous ICR due to using exact figures instead of
rounding.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 53 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, disclose, or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; to 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; to adjust the existing ways to comply with any
previously applicable instructions and requirements; to train personnel
to be able to respond to a collection of information; to search data
sources; to complete and review the collection of information; and to
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 valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 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-OECA-2009-0529.  An electronic version of the public docket is
available at http://www.regulations.gov which may be used to obtain a
copy of the draft collection of information, submit or view public
comments, access the index listing of the contents of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the docket ID number identified in this document.  The documents are
also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.  The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for the
docket center is<PHONE_NUMBER>.  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–OECA–2009-0529 and OMB Control Number 2060-0108 in any
correspondence. .

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

TABLE 1:  ANNUAL RESPONDENT BURDEN AND COST:  NEW SOURCE PERFORMANCE
STANDARD (NSPS) FOR LARGE APPLIANCE SURFACE COATING (40 CFR part 60,
subpart SS)

	REPORTING/

RECORDKEEPING REQUIREMENT	Hours/

Occurrence

(A)	Occurrences/  Year

(B)	Hours/Year   (C=AxB)

 (C)	Respondents/

Year

(D)	Technical

Person Hours

(E=CxD)

	Managerial

Person Hours

(Ex0.05)	Clerical Person Hours

(Ex0.10)	Total Costs/Year

(F)

1.	APPLICATIONS	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

2.	SURVEY AND STUDIES	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

3.	REPORTING REQUIREMENTS

	a.	Read Instructions	1	1	1	0	0	0	0	$0

	b.	Required Activities

	Initial Performance Tests	60	1	60	0	0	0	0	$0

	Repeat of Performance Tests	60	0.2	12	0	0	0	0	$0

	c.	Gather Existing Information

------------------------Included in 3b----------------------------

	d.	Write Report

	Notification of Construction/

Reconstruction	2	1	2	0	0	0	0	$0

	Notification of Initial Performance Test	2	1	2	0	0	0	0	$0

	Notification of Actual Startup	2	1	2	0	0	0	0	$0

	Report of Performance Test

------------------------Included in 3b----------------------------

	Semiannual Report	5	2	10	72	720	36	72	$70,128

	Temperature Variance Report	4	2	8	72	576	29	58	$56,103

	SUBTOTAL REPORTING	Subtotal burden hours = 1,491	$126,231

4.	RECORDKEEPING REQUIREMENTS

	a.	Read Instructions

------------------------Included in 3a----------------------------

	b.	Plan Activities

------------------------Included in 3b----------------------------

	c.	Implement Activities (Monthly Performance Test)	1	12	12	72	864	43	86
$84,154

	d.	Develop Record System	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A

	Records of Operating Parameter	0.25	250	62.5	72	4,500	225	450	$438,302

SUBTOTAL RECORDKEEPING	Subtotal burden hours = 6,168	$522,456

COMBINED ANNUAL BURDEN

	6,660	333	666	$648,687

GRAND TOTAL

7,659

TABLE 2:  AVERAGE ANNUAL EPA BURDEN:  NEW SOURCE PERFORMANCE STANDARD
(NSPS) FOR LARGE APPLIANCE SURFACE COATING (40 CFR part 60, subpart SS)

REPORTING/RECORDKEEPING REQUIREMENT	EPA Hours/Occurrence    (A)
Occurrences/Plant/Year    (B)	EPA Hours/  Year (C=A*B)	Plants/Year

(D)	Technical Person Hours

(E=CxD)	Managerial Person Hours

(Ex0.05)	Clerical Person Hours

(Ex0.10)	Total Costs/Year

(F)

INITIAL PERFORMANCE TESTS

New Plant	24	1	24	0	0	0	0	$0

REPEAT PERFORMANCE TEST

New Plant	24	0.2	4.8	0	0	0	0	$0

REPORT REVIEW

New Plants

	Notification of Construction	2	1	2	0	0	0	0	$0

	Notification of Initial Startup	0.5	1	0.5	0	0	0	0	$0

	Notification of Actual Startup	0.5	1	0.5	0	0	0	0	$0

	Notification of Initial Test	0.5	1.2	0.6	0	0	0	0	$0

	Review Test Results	8	1.2	9.6	0	0	0	0	$0

Existing Plants

	Semiannual Reports	2	2	4	72	288	14	29	$13,711

	Temperature Variance Reports	2	2	4	72	288	14	29	$13,711

SUBTOTAL ANNUAL BURDEN

	576	29	58	$27,421

GRAND TOTAL

662

 PAGE

 PAGE   14


[Federal Register: April 2, 2008 (Volume 73, Number 64)]
[Rules and Regulations]
[Page 17896-17897]
[DOCID:fr02ap08-8]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0970; FRL-8547-6]

Revision to the California State Implementation Plan, Bay Area
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing approval of revisions to the Bay Area Air
Quality Management District (BAAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on December 20, 2007, and concern nitrogen oxides
(NOX) and carbon monoxide (CO) emissions from boilers, steam
generators and process heaters at petroleum refineries. We are
approving local rules that regulate these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on May 2, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0970 for
this action. The index to the docket is available electronically at
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed in the index, some information may be publicly available
only at the hard copy location (e.g., copyrighted material), and some
may not be publicly available in either location (e.g., CBI). To
inspect the hard copy materials, please schedule an appointment during
normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415)
947-4115<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Background
III. Public Comments and EPA Responses
IV. EPA Action
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 20, 2007 (72 FR 72322), EPA proposed to approve BAAQMD
Rule 9-10, Nitrogen Oxides and Carbon Monoxide from Boilers, Steam
Generators, and Process Heaters in Petroleum Refineries, into the
California SIP. This rule was adopted by the BAAQMD on July 17, 2002,
and submitted by the California Air Resources Board on August 12, 2002.
    We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.

II. Background

    On March 29, 2001 (66 FR 17078), EPA published a limited approval
and limited disapproval of a previous version of BAAQMD Rule 9-10,
because the rule improved the SIP overall, but some rule provisions
failed to satisfy the requirements of section 110 of the CAA. On August
12, 2002, BAAQMD submitted a revised version of Rule 9-10 for approval
into the SIP, to address the deficiencies identified by EPA in 2001.
    On October 7, 2002 (67 FR 62389), EPA published a direct final rule
to approve this revised version of BAAQMD Rule 9-10 into the California
SIP. In association with the direct final rule, EPA published a
proposed rule to allow an opportunity for the public to comment on the
approval of Rule 9-10 into the California SIP (67 FR 62427). Based on
the proposed approval of Rule 9-10, EPA made an interim final
determination to stay the imposition of sanctions that resulted from
the March 29, 2001, limited disapproval action. The interim final rule
to stay the imposition of sanctions was published concurrently on
October 7, 2002 (67 FR 62388).
    Adverse comments were received in response to the October 7, 2002,
proposed rule. As a result, EPA published a withdrawal of the direct
final rule on November 25, 2002 (67 FR 70555). The proposed approval
remained in effect, and therefore the interim final determination
regarding sanctions was not affected by the withdrawal because the
determination was based on the proposed approval of Rule 9-10. The
comments received were addressed in a second proposed approval,
published on December 20, 2007 (72 FR 72322), which is being finalized
by this action. For more information on BAAQMD Rule 9-10 and our
evaluation, please see the proposed action.

III. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.

IV. EPA Action

    No comments were submitted that change our assessment that the
submitted rule complies with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
this rule into the California SIP.

    All sanctions and sanction clocks, which were triggered as a result
of the disapproval action on March 29, 2001 (66 FR 17078), continue to
be stayed as a result of the interim final determination published on
October 7, 2002 (67 FR 62388). The sanctions and sanction clocks will
be permanently terminated on the effective date of this final rule
approval.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 2, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

    Dated: February 15, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(353) to read as
follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (353) New and amended regulations were submitted on August 12,
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in
Petroleum Refineries, adopted on July 17, 2002.

 [FR Doc. E8-6643 Filed 4-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 52 (Tuesday, March 17, 2020)]
[Notices]
[Page 15167]
[FR Doc No: 2020-05514]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL--10006-57-OLEM]

Resource Conservation and Recovery Act (RCRA); Contractor Access
to Confidential Business Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Contractor/Subcontractor Access to Data and Request
for Comments.

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

SUMMARY: EPA intends to authorize its contractors, Plateau, and their
subcontractor, Eastern Research Group (ERG) as well as SRA
International, Inc. to access Confidential Business Information (CBI)
which has been submitted to EPA under the authority of all sections of
the Resource Conservation and Recovery Act (RCRA) of 1976, as amended.
EPA has issued regulations that outline business confidentiality
provisions for the Agency and require all EPA offices that receive
information designated by the submitter as CBI to abide by these
provisions.

DATES: Comments on this notice are due March 27, 2020. Comments may be
sent to LaShan Haynes, Document Control Officer, Office of Resource
Conservation and Recovery, (5305P), U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: LaShan Haynes, Document Control
Officer, Office of Resource Conservation and Recovery, (5305P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460;<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Access to Confidential Business Information (CBI)

    The EPA has issued regulations at 40 CFR part 2, subpart B that
outline business confidentiality provisions for the Agency and require
all EPA offices that receive information designated by the submitter as
CBI to abide by these provisions. Specifically, 40 CFR 2.305 governs
information obtained under the Solid Waste Disposal Act, as amended,
including amendments made by the Resource Conservation and Recovery Act
of 1976, as amended, 42 U.S.C. 6901 et seq. In accordance with the
provisions of 40 CFR part 2, subpart B, policies and procedures for
handling information collected from industry, under the authority of
RCRA, have been established, including the RCRA CBI Security Manual.
    Pursuant to 40 CFR 2.305(h)(2)-(3), EPA is giving notice that it
has entered into a contract with Plateau, Contract GS-35F-0166V,
entitled ``Smart Mobile Tools for Field Inspectors'', located in
Fairfax, Virginia. To assist in fulfilling this contract, Plateau has
entered into a subcontract with the Eastern Research Group (ERG),
located in Lexington, Massachusetts. Additionally, SRA International,
Inc. is the prime contractor for the EPA Task Order entitled
``Infrastructure Support and Applications Hosting'', Task Order No.
GSQ0017AJ0037, which includes a work scope for the Smart Tools project.
SRA International, Inc. is located in Chantilly, Virginia. Plateau/ERG
and SRA International, Inc. will assist the Office of Enforcement and
Compliance Assurance, as well as EPA regional offices, in the
electronic storage of information gathered during inspections conducted
under the authority of RCRA; some of which may contain RCRA CBI. The
Plateau/ERG contract period is from April 30, 2019 to April 29, 2021.
The SRA International, Inc. contract period is from March 29, 2017 to
March 28, 2022. Plateau/ERG and SRA International, Inc. shall protect
from unauthorized disclosure all information designated as confidential
and shall abide by all RCRA CBI requirements, including procedures
outlined in the RCRA CBI Security Manual.
    All EPA contractor and subcontractor personnel are bound by the
requirements and sanctions contained in their contracts with EPA and in
EPA's CBI regulations found at 40 CFR part 2, subpart B. Plateau/ERG
will adhere to an EPA-approved security plan which describes procedures
to protect CBI. Plateau/ERG will apply the procedures in this plan to
CBI previously gathered by EPA and to CBI that may be gathered in the
future. The security plan specifies that contractor personnel are
required to sign non-disclosure agreements and are briefed on
appropriate security procedures before they are permitted access to
CBI. No person is automatically granted access to CBI: A need to know
must exist.

    Dated: February 28, 2020.
Kathleen Salyer,
Acting Office Director, Office of Resource Conservation and Recovery.
[FR Doc. 2020-05514 Filed 3-16-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22744-22747]
[FR Doc No: 2021-08904]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91659; File No. SR-CBOE-2021-028]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 4.5(d) To Allow Monday and Wednesday Expirations for Options
Listed Pursuant to the Short Term Option Series Program on the Invesco
QQQ Trust (``QQQ'')

April 23, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 21, 2021, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 4.5(d) to allow Monday and Wednesday expirations for
options listed pursuant to the Short Term Option Series Program on the
Invesco QQQ Trust (``QQQ''). The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 4.5(d) to allow Monday and
Wednesday expirations for options listed pursuant to the Short Term
Option Series Program on QQQ. The Exchange notes that this proposed
rule change is substantively identical to a rule change recently
adopted by Nasdaq Phlx LLC. (``Phlx''), filed with the Securities and
Exchange Commission (``Commission'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Release No. 91238 (March 2, 2021),
86 FR 13404 (March 8, 2021) (SR-Phlx-2021-10) (Notice of Filing of
Proposed Rule Change To Permit Monday and Wednesday Expirations for
Options Listed Pursuant to the Short Term Option Series Program on
the Invesco QQQ TrustSM).
---------------------------------------------------------------------------

    Rule 4.5(d) currently governs the Exchange's Short Term Option
Series Program. Short Term Option Series are weekly series in an option
class that is approved for listing and trading on the Exchange, which
may be opened for trading on any Thursday or Friday that is a business
day and expires that expire at the close of business on each of the
next five Fridays that are business days and are not Fridays on which
monthly options series or Quarterly Options Series expire. Rule 4.5(d)
also provides that the Exchange may open weekly series for options on
the SPDR S&P 500 ETF Trust (``SPY'') with Monday and Wednesday
expirations. The proposed rule change amends Rule 4.5(d) to also allow
Monday and Wednesday expiations for options on QQQ. Specifically, the
proposed rule change amends Rule 4.5(d) to provide that the Exchange
may open for trading on any Friday or Monday that is a business day
series of options on the SPDR S&P 500 ETF Trust (``SPY'') (``Monday SPY
Expiration Opening Date'') \6\ and series of options on the Invesco QQQ
Trust (``QQQ'') (``Monday QQQ Expiration Opening Date'') that expire at
the close of business each of the next five Mondays that are business
days and are no Mondays on which Quarterly Options Series expire
(``Monday SPY Expirations'' and ``Monday QQQ Expirations''), provided
that any Monday SPY and QQQ Expiration Opening Date that is a Friday is
one business week and one business day prior to expiration. The
Exchange may also open for trading on any Tuesday or Wednesday that is
a business day series of SPY options (``Wednesday SPY Expiration
Opening Date'') and series of QQQ options (``Wednesday QQQ Expiration
Opening Date'') that expire at the close of business on each of the
next five Wednesdays that are business days and are not Wednesdays on
which Quarterly Options Series expire (``Wednesday SPY Expirations''
and ``Wednesday QQQ Expirations''). The Exchange may have no more than
a total of five of each Monday SPY and QQQ Expirations and no more than
a total of

five of each Wednesday SPY and QQQ Expirations. Non-Monday and non-
Wednesday SPY and QQQ Expirations are not included as part of this
count. If the Exchange is not open for business on the respective
Friday or Monday, the Monday SPY and QQQ Expiration Opening Date will
be the first business day immediately prior to that respective Friday
or Monday. If the Exchange is not open for business on a Monday, the
expiration date for a Monday SPY and QQQ Expiration will be the first
business day immediately following that Monday. If the Exchange is not
open for business on the respective Tuesday or Wednesday, the Wednesday
SPY and QQQ Expiration Opening Date will be the first business day
immediately prior to that respective Tuesday or Wednesday. Similarly,
if the Exchange is not open for business on a Wednesday, the expiration
date for a Wednesday SPY and QQQ Expiration will be the first business
day immediately prior to that Wednesday. Additionally, the proposed
rule change amends Rule 4.5(d)(2), which currently excepts Monday and
Wednesday SPY Expirations from the prohibition on Short Term Option
Series expiring in the same week in which monthly option series on the
same class expire, to provide that no Short Term Option Series
(excluding Monday and Wednesday SPY and QQQ Expirations) may expire in
the same week in which monthly option series on the same class expire.
---------------------------------------------------------------------------

    \6\ The proposed rule change also relocates certain defined
terms within Rule 4.5(d) for additional clarity and ease of
understanding.
---------------------------------------------------------------------------

    The Exchange believes that the introduction of QQQ Monday and
Wednesday Expirations will expand hedging tools available to market
participants and assist in reducing the premium cost of buying
protection. By offering Monday and Wednesday QQQ Expirations, the
proposed rule change will allow market participants to purchase QQQ
based on their timing needs and allow them to more effectively tailor
their investment and hedging strategies.
    The Exchange notes that, pursuant to the proposed rule change, if
the Exchange is not open for business on a Wednesday, then a Wednesday
QQQ Expiration will expire on the first business day immediately prior
to that Wednesday (e.g., Tuesday of that week). However, regarding
Monday QQQ Expirations, if the Exchange is not open for business on a
Monday, then a Monday QQQ Expiration will expire on the first business
day following that Monday (e.g., Tuesday of that week). This is the
same expiration process currently in place for Monday and Wednesday SPY
Expirations. The Exchange believes that it is appropriate to require
Monday expiration series to expire on the Tuesday of that week, rather
than the previous business day (e.g., the previous Friday), when
expiration Monday does not fall on a business day because the
immediately following Tuesday is closer in time to the scheduled
expiration date of the series than the previous Friday. Therefore, the
following business day in this case may be more representative of
anticipated market conditions than the previous business day. The
Exchange notes that, not only are Monday SPY Expirations treated in the
same manner today, but the same applies to weekly index options listed
pursuant to the Nonstandard Expiration Program.\7\ The Exchange also
notes that permitting Monday and Wednesday QQQ Expirations to expire in
the same week as monthly options series on the same class, like that of
Monday and Wednesday SPY Expirations, is appropriate because Monday and
Wednesday QQQ Expirations and standard monthly options will not expire
on the same trading day, as standard monthly options expire on Fridays.
Additionally, the Exchange believes that listing Monday and Wednesday
QQQ Expirations each week of the month will provide consistency for
investors and mitigate any potential confusion regarding weekly
listings.
---------------------------------------------------------------------------

    \7\ See Rule 4.13(e)(1).
---------------------------------------------------------------------------

    The Exchange notes that the interval between strike prices for the
proposed Monday and Wednesday QQQ Expirations are the same as those for
the Monday and Wednesday SPY Expirations and the Short Term Option
Series with Wednesday and Friday expirations.\8\ Specifically, the
proposed Monday and Wednesday QQQ Expirations have a $0.50 strike
interval minimum.\9\ As is the case with other equity options series
listed pursuant to the Short Term Option Series Program, Monday and
Wednesday QQQ Expirations are P.M.-settled. Also, pursuant to Rule
4.5(d)(1), the Exchange may open up to 30 Short Term Option Series for
each expiration date in each option class eligible for participation in
the Short Term Option Series Program. This includes Monday and
Wednesday QQQ Expirations for QQQ options. In addition to the 30 series
per class, the Exchange may open Short Term Option Series, including
Monday and Wednesday QQQ Expirations, that are opened by other
securities exchanges in option classes selected by such exchanges under
their respective short term option rules.
---------------------------------------------------------------------------

    \8\ See Rule 4.5(d)(5).
    \9\ See id.
---------------------------------------------------------------------------

    The Exchange does not believe that listing series of P.M.-settled
Monday and Wednesday expirations for options on QQQ will have any
adverse impact on fair and orderly markets as the Exchange already
lists weekly series with the same settlement and expirations for
options on SPY, as well as for weekly index options pursuant to the
Nonstandard Pilot Program,\10\ and has not experienced any issues
regarding adverse market impact in connection with the listing of these
series. The Exchange represents that it has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday QQQ Expirations. The Exchange
currently deploys such surveillance programs to monitor Monday and
Wednesday SPY Expirations and has not experienced any issues with
capacity in connection with listing Monday and Wednesday SPY
Expirations. The Exchange intends to begin implementation of the
proposed rule change on April 23, 2021, as Phlx intends to begin
listing weekly Monday QQQ Expirations on this date.\11\ The Exchange
will issue a notice of the planned implementation date to its Trading
Permit Holders (``TPHs'') in advance.\12\
---------------------------------------------------------------------------

    \10\ See supra note 7.
    \11\ See Options Trader Alert #2021-23, Nasdaq PHLX Introduces
Monday and Wednesday Weekly Expirations For QQQ Options (April 12,
2021) available at: http://www.nasdaqtrader.com/MicroNews.aspx?id=23. Phlx anticipates listing weekly Wednesday QQQ
Expirations on April 27, 2021.
    \12\ See Rule 1.5, which provides that the Exchange announces to
Trading Permit Holders all determinations it makes pursuant to the
Rules via: (1) Specifications, Notices, or Regulatory Circulars with
appropriate advanced notice, which are posted on the Exchange's
website, or as otherwise provided in the Rules; (2) electronic
message; or (3) other communication method as provided in the Rules.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\13\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \14\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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 of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. Additionally, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \15\ requirement that the rules
of an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes the Short Term Option Series
Program has been successful to date and that listing Monday and
Wednesday QQQ Expirations, like Monday and Wednesday SPY Expirations
already listed for trading, will expand the ability of investors to
effectively hedge risk against market movements stemming from economic
releases or market events that occur throughout the month. The Exchange
believes that offering Monday and Wednesday QQQ Expirations will create
greater trading and hedging opportunities and flexibility for
investors, allowing them to use QQQ options listed pursuant to the
Short Term Option Series Program in a manner more effectively tailored
their investment and hedging objectives. As already noted, the Exchange
currently offers series with the same settlement (P.M.) and expirations
(Monday and Wednesday) for options on SPY and for weekly index options
pursuant to the Nonstandard Pilot Program.\16\ The Exchange again notes
that the proposed rule change is substantively identical to a rule
recently adopted by Phlx and filed with the Commission.\17\
---------------------------------------------------------------------------

    \16\ See supra note 7.
    \17\ See supra note 5.
---------------------------------------------------------------------------

    The manner in which Monday QQQ Expirations will expire when
expiration Monday lands on a holiday is consistent with the manner in
which Monday SPY Expirations currently expire under the same
circumstances. The Exchange believes that allowing Monday QQQ
Expirations that expire on a holiday to fall on the following business
day, as opposed to the prior business day (as applicable to Wednesday
and Friday expirations that expire on a holiday), removes impediments
to and perfects the mechanism of a free and open market and national by
permitting such Monday expirations to occur closer in time to the
scheduled expiration date of the series, which may be more
representative of anticipated market conditions. Additionally, the
proposed rule change to except Monday and Wednesday QQQ Expirations
from the prohibition on Short Term Option Series expiring in the same
week in which monthly option series on the same class expire is
consistent with the same exception that currently applies to Monday and
Wednesday SPY Expirations.\18\ The proposed rule change is designed to
provide consistency for investors and mitigate any potential confusion
regarding weekly listings each week of the month.
---------------------------------------------------------------------------

    \18\ As stated herein, because monthly options expire on
Fridays, Monday and Wednesday weekly options will not land on the
same day.
---------------------------------------------------------------------------

    The Exchange does not believe that listing series of P.M.-settled
Monday and Wednesday expirations for options on QQQ will have any
adverse impact on fair and orderly markets as the Exchange already
lists series with the same settlement and expirations for options on
SPY, as well as for weekly index options pursuant to the Nonstandard
Pilot Program,\19\ and has not observed any adverse market impact in
connection with the listing of these series. The Exchange represents
that it already has an adequate surveillance program in place to detect
and deter any manipulative trading in Monday and Wednesday expirations,
including Monday and Wednesday QQQ Expirations, and that it has the
necessary systems capacity to support the listing and trading of the
new series.
---------------------------------------------------------------------------

    \19\ See supra note 7.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act as Monday and Wednesday QQQ
Expirations will be available for quoting and trading on the Exchange
for all market participants. Therefore, all market participants will
equally be able to transact in QQQ series listed with Monday and
Wednesday expirations for trading on the Exchange.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act as it only
impacts the permissible expirations for an option series listed on the
Exchange. As stated, another options exchange has recently implemented
a substantively identical rule to permit Monday and Wednesday QQQ
expirations on its exchange.\20\ As such, this proposal is a
competitive response that will permit the Exchange to list the same
expirations for series in a multiply-listed option as another options
exchange.
---------------------------------------------------------------------------

    \20\ See supra note 5.
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 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 that requirement in this case.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \23\ 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
requested that the Commission waive the five-day prefiling requirement
and the 30-day operative delay so that the proposal may become
operative immediately upon filing. The Commission notes that it
recently approved Phlx's substantially similar proposal to list and
trade Monday QQQ Expirations and Wednesday QQQ Expirations.\24\ The
Exchange has stated that waiver of the five-day prefiling requirement
and the 30-day operative delay will allow the Exchange to implement the
proposal as a competitive response, permitting the Exchange to list the
same expirations for series in a multiply-listed option as another
options exchange, at the same time that such options exchange intends

to list such series. For these reasons, the Commission believes that
the proposed rule change presents no novel issues and that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest, and will allow the Exchange to
remain competitive with other exchanges. Accordingly, the Commission
hereby waives the prefiling requirement and the operative delay and
designates the proposed rule change operative upon filing.\25\
---------------------------------------------------------------------------

    \23\ 17 CFR 240.19b-4(f)(6)(iii).
    \24\ See Securities Exchange Act Release No. 91614 (April 20,
2021).
    \25\ 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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-CBOE-2021-028 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-CBOE-2021-028. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2021-028 and should be submitted on
or before May 20, 2021.

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08904 Filed 4-28-21; 8:45 am]
BILLING CODE 8011-01-P