[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20730-20732]
[FR Doc No: 2023-07095]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1643; Project Identifier MCAI-2022-00799-T;
Amendment 39-22376; AD 2023-05-07]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-21-
07, which applied to all Airbus SAS Model A350-941 and -1041 airplanes.
AD 2020-21-07 required replacement of affected passenger oxygen masks
(which includes re-identifying the parts). This AD was prompted by a
determination that additional parts are subject to the unsafe
condition. This AD continues to require the actions in AD 2020-21-07,
and also requires replacing additional affected parts; as specified in
a European Union Aviation Safety Agency (EASA) AD, which is
incorporated by reference. This AD also prohibits installation of
affected parts. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 12,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1643; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1643.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-21-07, Amendment 39-21280 (85 FR
64949, October 14, 2020) (AD 2020-21-07). AD 2020-21-07 applied to all
Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-21-07 required
replacement of affected passenger oxygen masks (which includes re-
identifying the parts). The FAA issued AD 2020-21-07 to address
sticking of the breathing bag on certain passenger oxygen masks, which
could prevent the breathing bag from fully inflating, and possibly
injure cabin occupants following a depressurization event.
    The NPRM published in the Federal Register on December 22, 2022 (87
FR 78612). The NPRM was prompted by AD 2022-0112, dated June 17, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0112) (referred to after this as the
MCAI). The MCAI states that additional affected parts (emergency
passenger oxygen container assembly having serial number BEHJ-XXXX)
have been identified as being subject to the same unsafe condition.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1643.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2020-21-07 and to require replacing additional affected parts, as
specified in EASA AD 2022-0112. The NPRM also proposed to prohibit the
installation of affected parts. The FAA is issuing this AD to address
sticking of the breathing bag on certain passenger oxygen masks, which
could prevent the breathing bag from fully inflating, and possibly
injure cabin occupants following a depressurization event.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Additional Changes Made to This Final Rule

    Since the NPRM was published, the FAA received a parts cost
estimate for the passenger oxygen masks. The FAA has revised the Costs
of Compliance section of this final rule to include this parts cost.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, and any other changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0112 specifies procedures for replacing the affected
passenger oxygen masks (those passenger oxygen masks contained in each
affected emergency passenger oxygen container assembly), and re-
identifying each affected part. EASA AD

2022-0112 also prohibits the installation of affected parts.
    This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 30 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-21-   6 work-hours x $85     Up to $4,250 (per              $4,760         $61,880
 07 (13 airplanes).                  per hour = $510.       mask assembly).
New actions.......................  6 work-hours x $85     Up to $4,250 (per               4,760         142,800
                                     per hour = $510.       mask assembly).
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-21-07, Amendment 39-21280
(85 FR 64949, October 14, 2020); and
0
b. Adding the following new AD:

2023-05-07 Airbus SAS: Amendment 39-22376; Docket No. FAA-2022-1643;
Project Identifier MCAI-2022-00799-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    This AD replaces AD 2020-21-07, Amendment 39-21280 (85 FR 64949,
October 14, 2020) (AD 2020-21-07).

(c) Applicability

    This AD applies to all Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report that sticking effects have been
observed affecting the breathing bag on certain passenger oxygen
masks, and by a determination that additional parts are subject to
the unsafe condition. The FAA is issuing this AD to address sticking
of the breathing bag on certain passenger oxygen masks. The unsafe
condition, if not addressed, could prevent the breathing bag from
fully inflating, and possibly injure cabin occupants following a
depressurization event.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0112, dated June 17, 2022 (EASA AD 2022-0112).

(h) Exceptions to EASA AD 2022-0112

    (1) Where EASA AD 2022-0112 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0112 does not apply
to this AD.
    (3) Where EASA AD 2022-0112 specifies to do the replacement and
re-identification specified in Airbus Service Bulletin A350-35-P013,
Revision 02, dated March 8, 2022, which specifies to inspect for the
part number and serial number and then do a replacement; this AD
only requires the replacement and re-identification.
    (4) Where service information identified in EASA AD 2022-0112
specifies to do an inspection for the date of manufacture of the
affected part, this AD does not require that inspection.
    (5) Where Table 3 of EASA AD 2022-0112 specifies a compliance
time for airplanes on which ``the SB'' has not been embodied, for
this AD the compliance time for those airplanes is ``before
exceeding 72 months since airplane date of manufacture or within 30
days after the effective date of this AD, whichever occurs later.''

(i) Additional AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Dat Le, Aerospace
Engineer, Large Aircraft Section, FAA, International Validation
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0112,
dated June 17, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0112, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07095 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P


B. Requirements applicable to Training Courses and Providers As of October 4, 1994, an approved training provider must certify to EPA and to any State that has approved the provider for TSCA accreditation, that each of the provider's training courses complies with the requirements of this MAP. The written submission must document in specific detail the changes made to each training course in order to comply with the requirements of this MAP and clearly state that the provider is also in compliance with all other requirements of this MAP, including the new recordkeeping and certificate provisions. Each submission must include the following statement signed by an authorized representative of the training provider:    Under D 24 civil and criminal penalties of law for the making or submission of false or fraudulent statements or representations ( 18 U. S. C. 1001 and 15 U. S. C. 2615), I certify that the training described in this submission complies with all applicable requirements of Title II of TSCA, 40 CFR part 763, Appendix C to Subpart E, as revised, and any other applicable Federal, state, or local requirements.'' A consolidated self certification submission from each training provider that addresses all of its approved training courses is permissible and encouraged. The self certification must be sent via registered mail, to EPA Headquarters at the following address: Attn. Self Certification Program, Field Programs Branch, Chemical Management Division ( 7404), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. A duplicate copy of the complete submission must also be sent to any States from which approval had been obtained. The timely receipt of a complete self certification by EPA and all approving States shall have the effect of extending approval under this MAP to the training courses offered by the submitting provider. If a self certification is not received by the approving government bodies on or before the due date, the affected training course is not approved under this MAP. Such training providers must then reapply for approval of these training courses pursuant to the procedures outlined in Unit III.

C. Requirements applicable to Accredited Persons.

Persons accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA approved training provider as of April 3, 1994, are accredited in accordance with the requirements of this MAP, and are not required to retake initial training. They must continue to comply with the requirements for annual refresher training in Unit I. D. of the revised MAP.

D. Requirements applicable to Non Accredited Persons.

In order to perform work requiring accreditation under TSCA Title II, persons who are not accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA approved training provider as of April 3, 1994, must comply with the upgraded training requirements of this MAP by no later than October 4, 1994. Non accredited persons may obtain initial accreditation on a provisional basis by successfully completing any of the training programs approved under an earlier version of the MAP, and thereby perform work during the first 6 months after this MAP takes effect. However, by October 4, 1994, these persons must have successfully completed an upgraded training program that fully complies with the requirements of this MAP in order to continue to perform work requiring accreditation under section 206 of TSCA, 15 U. S. C. 2646.

[ 59 FR 5251, Feb. 3, 1994, as amended at 60 FR 31922, June 19, 1995] EPA ICR No. 1365.07; OMB Control No. 2070 0091 Attachment E Worksheet A 1: Estimation of Change in Number of Schools with Friable and Nonfriable ACM over Next 20 Years Worksheet A 2: Per School Annual Cost Estimates Combined with Estimated Change in Number of Schools with Friable and Nonfriable ACM over Next 20 Years as Reported in Worksheet A 1 E 1 Worksheet A 1: Annual Recordkeeping Burden, by School Type and Asbestos Type year ACM type previous year removals school counts public primary public secondary private total hours annual total hours # schools hrs/ school # schools hrs/ school # schools hrs/ school 14 SM & TSI 323 11,754 5,613 35 3,309 58 2,831 35 487,462 TSI 101 3,696 1,765 35 1,040 58 890 35 153,245 NFACM 424 91,535 43,714 15 25,769 28 22,044 15 1,707,902 2,348,626 15 SM & TSI 323 11,431 5,459 35 3,218 58 2,753 35 474,064 TSI 101 3,594 1,717 35 1,012 58 866 35 149,101 NFACM 424 91,959 43,916 15 25,888 28 22,146 15 1,715,794 2,338,956 16 SM & TSI 323 11,109 5,305 35 3,127 58 2,675 35 460,666 TSI 101 3,493 1,668 35 983 58 841 35 144,829 NFACM 424 92,383 44,119 15 26,008 28 22,249 15 1,723,744 2,329,285 17 SM & TSI 323 10,786 5,151 35 3,036 58 2,598 35 447,303 TSI 101 3,392 1,620 35 955 58 817 35 140,685 NFACM 424 92,806 44,321 15 26,127 28 22,351 15 1,731,636 2,319,614 18 SM & TSI 323 10,464 4,997 35 2,946 58 2,520 35 433,963 TSI 101 3,290 1,571 35 926 58 792 35 136,413 NFACM 424 93,230 44,524 15 26,246 28 22,453 15 1,739,543 2,309,944 19 SM & TSI 323 10,141 4,843 35 2,855 58 2,442 35 420,565 TSI 101 3,189 1,523 35 898 58 768 35 132,269 NFACM 424 93,654 44,726 15 26,366 28 22,555 15 1,747,463 2,300,273 20 SM & TSI 323 9,819 4,689 35 2,764 58 2,365 35 407,202 TSI 101 3,087 1,474 35 869 58 744 35 128,032 NFACM 424 94,078 44,929 15 26,485 28 22,657 15 1,755,370 2,290,602 21 SM & TSI 323 9,496 4,535 35 2,673 58 2,287 35 393,804 TSI 101 2,986 1,426 35 841 58 719 35 123,853 NFACM 424 94,502 45,131 15 26,604 28 22,759 15 1,763,262 2,280,932 22 SM & TSI 1,055 8,441 4,031 35 2,376 58 2,033 35 350,048 TSI 332 2,654 1,268 35 747 58 639 35 110,071 NFACM 1,387 95,889 45,793 15 26,995 28 23,093 15 1,789,150 2,249,292 23 SM & TSI 1,055 7,386 3,527 35 2,079 58 1,779 35 306,292 TSI 332 2,322 1,109 35 654 58 559 35 96,312 NFACM 1,387 97,276 46,456 15 27,385 28 23,427 15 1,815,025 2,217,652 24 SM & TSI 1,055 6,331 3,023 35 1,782 58 1,525 35 262,536 TSI 332 1,991 951 35 560 58 479 35 82,530 NFACM 1,387 98,663 47,118 15 27,776 28 23,761 15 1,840,913 2,186,012 25 SM & TSI 1,055 5,276 2,519 35 1,485 58 1,271 35 218,780 Worksheet A 1: Annual Recordkeeping Burden, by School Type and Asbestos Type year ACM type previous year removals school counts public primary public secondary private total hours annual total hours # schools hrs/ school # schools hrs/ school # schools hrs/ school E 2 TSI 332 1,659 792 35 467 58 400 35 68,806 NFACM 1,387 100,050 47,780 15 28,166 28 24,095 15 1,866,773 2,154,372 26 SM & TSI 1,055 4,220 2,016 35 1,188 58 1,016 35 175,024 TSI 332 1,327 634 35 374 58 320 35 55,082 NFACM 1,387 101,436 48,443 15 28,557 28 24,429 15 1,892,676 2,122,732 27 SM & TSI 1,055 3,165 1,512 35 891 58 762 35 131,268 TSI 332 995 475 35 280 58 240 35 41,265 NFACM 1,387 102,823 49,105 15 28,947 28 24,763 15 1,918,536 2,091,092 28 SM & TSI 1,055 2,110 1,008 35 594 58 508 35 87,512 TSI 332 664 317 35 187 58 160 35 27,541 NFACM 1,387 104,210 49,767 15 29,337 28 25,097 15 1,944,396 2,059,452 29 SM & TSI 1,055 1,055 504 35 297 58 254 35 43,756 TSI 332 332 158 35 93 58 80 35 13,724 NFACM 1,387 105,597 50,430 15 29,728 28 25,431 15 1,970,299 2,027,812 30 SM & TSI 1,055 0 0 35 0 58 0 35 0 TSI 332 0 0 35 0 58 0 35 0 NFACM 1,387 106,984 51,092 15 30,118 28 25,765 15 1,996,159 1,996,172 total hours 14,642,520 15,428,604 7,348,748 37,419,872 average hours per year 861,325 907,565 432,279 2,201,169 average hours per school per year 17 30 17 21 SM = surfacing material; TSI = thermal systems insulation. Both are friable ACM. NFACM = nonfriable ACM. Sources: AHERA RIA ( EPA, 1987c), Table 4 and Appendix G; Addendum to ICR # 2070 0091 Asbestos in Schools Rule ( EPA, 1987a) E 3 Worksheet A 2: Annual Recordkeeping Cost, by School Type and Asbestos Type year ACM type school counts public primary public secondary private total cost ($) annual total cost ($) # schools $/ school # schools $/ school # schools $/ school 14 SM & TSI 11,754 5,613 $ 858 3,309 $ 1,316 2,831 $ 938 11,826,076 TSI 3,696 1,765 $ 858 1,040 $ 1,316 890 $ 938 3,717,830 NFACM 91,535 43,714 $ 416 25,769 $ 682 22,044 $ 453 45,745,414 61,289,320 15 SM & TSI 11,431 5,459 $ 858 3,218 $ 1,316 2,753 $ 938 11,501,024 TSI 3,594 1,717 $ 858 1,012 $ 1,316 866 $ 938 3,617,286 NFACM 91,959 43,916 $ 416 25,888 $ 682 22,146 $ 453 45,956,810 61,075,120 16 SM & TSI 11,109 5,305 $ 858 3,127 $ 1,316 2,675 $ 938 11,175,972 TSI 3,493 1,668 $ 858 983 $ 1,316 841 $ 938 3,513,630 NFACM 92,383 44,119 $ 416 26,008 $ 682 22,249 $ 453 46,169,757 60,859,359 17 SM & TSI 10,786 5,151 $ 858 3,036 $ 1,316 2,598 $ 938 10,851,858 TSI 3,392 1,620 $ 858 955 $ 1,316 817 $ 938 3,413,086 NFACM 92,806 44,321 $ 416 26,127 $ 682 22,351 $ 453 46,381,153 60,646,097 18 SM & TSI 10,464 4,997 $ 858 2,946 $ 1,316 2,520 $ 938 10,528,122 TSI 3,290 1,571 $ 858 926 $ 1,316 792 $ 938 3,309,430 NFACM 93,230 44,524 $ 416 26,246 $ 682 22,453 $ 453 46,592,965 60,430,517 19 SM & TSI 10,141 4,843 $ 858 2,855 $ 1,316 2,442 $ 938 10,203,070 TSI 3,189 1,523 $ 858 898 $ 1,316 768 $ 938 3,208,886 NFACM 93,654 44,726 $ 416 26,366 $ 682 22,555 $ 453 46,805,043 60,216,999 20 SM & TSI 9,819 4,689 $ 858 2,764 $ 1,316 2,365 $ 938 9,878,956 TSI 3,087 1,474 $ 858 869 $ 1,316 744 $ 938 3,106,168 NFACM 94,078 44,929 $ 416 26,485 $ 682 22,657 $ 453 47,016,855 60,001,979 21 SM & TSI 9,496 4,535 $ 858 2,673 $ 1,316 2,287 $ 938 9,553,904 TSI 2,986 1,426 $ 858 841 $ 1,316 719 $ 938 3,004,686 NFACM 94,502 45,131 $ 416 26,604 $ 682 22,759 $ 453 47,228,251 59,786,841 22 SM & TSI 8,441 4,031 $ 858 2,376 $ 1,316 2,033 $ 938 8,492,368 TSI 2,654 1,268 $ 858 747 $ 1,316 639 $ 938 2,670,378 NFACM 95,889 45,793 $ 416 26,995 $ 682 23,093 $ 453 47,921,607 59,084,353 23 SM & TSI 7,386 3,527 $ 858 2,079 $ 1,316 1,779 $ 938 7,430,832 TSI 2,322 1,109 $ 858 654 $ 1,316 559 $ 938 2,336,528 NFACM 97,276 46,456 $ 416 27,385 $ 682 23,427 $ 453 48,614,697 58,382,057 24 SM & TSI 6,331 3,023 $ 858 1,782 $ 1,316 1,525 $ 938 6,369,296 TSI 1,991 951 $ 858 560 $ 1,316 479 $ 938 2,002,220 NFACM 98,663 47,118 $ 416 27,776 $ 682 23,761 $ 453 49,308,053 57,679,569 25 SM & TSI 5,276 2,519 $ 858 1,485 $ 1,316 1,271 $ 938 5,307,760 TSI 1,659 792 $ 858 467 $ 1,316 400 $ 938 1,669,308 NFACM 100,050 47,780 $ 416 28,166 $ 682 24,095 $ 453 50,000,727 56,977,795 26 SM & TSI 4,220 2,016 $ 858 1,188 $ 1,316 1,016 $ 938 4,246,144 TSI 1,327 634 $ 858 374 $ 1,316 320 $ 938 1,336,316 NFACM 101,436 48,443 $ 416 28,557 $ 682 24,429 $ 453 50,694,499 56,276,959 27 SM & TSI 3,165 1,512 $ 858 891 $ 1,316 762 $ 938 3,184,608 TSI 995 475 $ 858 280 $ 1,316 240 $ 938 1,001,150 NFACM 102,823 49,105 $ 416 28,947 $ 682 24,763 $ 453 51,387,173 55,572,931 28 SM & TSI 2,110 1,008 $ 858 594 $ 1,316 508 $ 938 2,123,072 TSI 664 317 $ 858 187 $ 1,316 160 $ 938 668,158 Worksheet A 2: Annual Recordkeeping Cost, by School Type and Asbestos Type year ACM type school counts public primary public secondary private total cost ($) annual total cost ($) # schools $/ school # schools $/ school # schools $/ school E 4 NFACM 104,210 49,767 $ 416 29,337 $ 682 25,097 $ 453 52,079,847 54,871,077 29 SM & TSI 1,055 504 $ 858 297 $ 1,316 254 $ 938 1,061,536 TSI 332 158 $ 858 93 $ 1,316 80 $ 938 332,992 NFACM 105,597 50,430 $ 416 29,728 $ 682 25,431 $ 453 52,773,619 54,168,147 30 SM & TSI 0 0 $ 858 0 $ 1,316 0 $ 938 0 TSI 0 0 $ 858 0 $ 1,316 0 $ 938 0 NFACM 106,984 51,092 $ 416 30,118 $ 682 25,765 $ 453 53,466,293 53,466,293 total dollars $ 395,445,472 $ 378,040,260 $ 217,300,129 $ 990,785,413 average dollars per year $ 23,261,472 $ 22,237,662 $ 12,782,360 $ 58,281,495 average dollars per school per year $ 455 $ 738 $ 496 $ 545 SM = surfacing material; TSI = thermal systems insulation. Both are friable ACM. NFACM = nonfriable ACM.

Sources: AHERA RIA ( EPA, 1987c), Table 4 and Appendix G; Addendum to ICR # 2070 0091, Asbestos in Schools Rule ( EPA, 1987a)

Wage rates have been updated as described in the text. E 5 References Bureau of Labor Statistics, Employment Cost Index, 2000. Web site: http:// www. bls. gov Office of Personnel Management Web site http:// www. opm. gov/ feddata/ 99factbk. pdf Office of Personnel Management, Web site http:// www. opm. gov U. S. EPA, Office of Pesticides and Toxic Substances. 1987a. Addendum to ICR # 2070 0091 Asbestos In Schools Rule. October.

U. S. EPA, Office of Toxic Substances, Economics and Technology Division. 1987b. Asbestos Hazard Emergency Response Act Economic Impact Analysis. April.

U. S. EPA, Office of Toxic Substances, Economics and Technology Division. 1987c. Asbestos Hazard Emergency Response Act Regulatory Impact Analysis. September.

U. S. EPA. 1991. ICR Renewal for the Asbestos Hazard Emergency Response Act ( AHERA), Title II of the Toxic Substances Control Act ( TSCA)  Asbestos Containing Materials in Schools Rule. OMB No. 2070 0091. EPA ICR # 1365.

U. S. EPA. 1993. Supplemental ICR for the Asbestos Containing Materials in Schools Rule. OMB No. 2070 0091. EPA ICR # 1365.

U. S. EPA. 1994. Renewal ICR for the Asbestos Containing Materials in Schools Rule. OMB No, 2070 0091. EPA ICR # 1365.

U. S. EPA. 1997. Renewal ICR for the Asbestos Containing Materials in Schools Rule. OMB No, 2070 0091. EPA ICR # 1365.

U. S. EPA. 2000. National Directory of AHERA Accredited Courses. Prepared for the National Program Chemicals Division, Office of Pollution Prevention and Toxics, by VISTA Computer Services under contract no. 68 W 98 004. February, 2000.

U. S. GPO. 1997. Economic Indicators, 2000.

OPM. gov. 2000 pay tables EPA ICR No. 1365.07; OMB Control No. 2070 0091 Attachment F Copies of Consultation Letters Sent and Received


[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47852-47855]
[FR Doc No: 2015-19367]

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DEPARTMENT OF HOMELAND SECURITY

United States Coast Guard

33 CFR Part 147

[Docket No. USCG-2015-0248]
RIN 1625-AA00

Safety Zone; NOBLE DISCOVERER, Outer Continental Shelf Drillship,
Chukchi Sea, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone that extends 500
meters from the outer edge of the DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when the DRILLSHIP NOBLE DISCOVERER
is anchored and when deploying and recovering moorings. This safety
zone will be in effect when the DRILLSHIP NOBLE DISCOVERER is on
location in order to drill exploratory wells at various prospects
located in the Chukchi Sea Outer Continental Shelf, Alaska, from 12:01
a.m. on July 1, 2015 through 11:59 p.m. on October 31, 2015. The
purpose of the temporary safety zone is to protect the drillship from
vessels operating outside the normal shipping channels and fairways.

DATES: This rule is effective without actual notice from August 10,
2015 until October 31, 2015. For the purposes of enforcement, actual
notice will be used from July 1, 2015 to August 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
number USCG-2015-0248. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
Open Docket Folder on the line associated with this rulemaking. You may
also visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LCDR Jason Boyle, Seventeenth Coast Guard District
(dpi); telephone<PHONE_NUMBER><EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published an NPRM for this safety zone on May 4,
2015 (80 FR 25256). Two comments from the public were received during
the 30 day comment period. No public meeting was requested, and none
was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Due to ongoing drilling
operations, delaying the implementation of this safety zone is
impracticable and would increase the possibility of an allision in the
Chukchi Sea.

B. Basis and Purpose

    The Coast Guard is establishing a temporary safety zone around the
DRILLSHIP NOBLE DISCOVERER while anchored or deploying and recovering
moorings on location in order to drill exploratory wells in several
prospects located in the Chukchi Sea during the 2015 drilling season.
    The request for the temporary safety zone was made by Shell
Exploration & Production Company due to safety concerns for both the
personnel aboard the DRILLSHIP NOBLE DISCOVERER and the environment.
Shell Exploration & Production Company indicated that it is highly
likely that any allision or inability to identify, monitor or mitigate
any risks or threats, including ice-related hazards that might be
encountered, may result in a catastrophic event. Incursions into the
safety zone by unapproved vessels could degrade the ability to monitor
and mitigate such risks. In evaluating this request, the Coast Guard
explored relevant safety factors and considered several criteria,
including but not limited to: (1) The level of shipping activity around
the operation; (2) safety concerns for personnel aboard the vessel; (3)
concerns for the environment given the sensitivity of the environmental
and the importance of fishing and hunting to the indigenous population;
(4) the lack of any established shipping fairways, and fueling and
supply storage/operations which increase the likelihood that an
allision would result in a catastrophic event; (5) the recent and
potential future maritime traffic in the vicinity of the proposed
areas; (6) the types of vessels navigating in the vicinity of the
proposed area; (7) the structural configuration of the vessel, and (8)
the need to allow for lawful demonstrations without endangering the
safe operation of the vessel. For any group intending to conduct lawful
demonstrations in the vicinity of the rig, these demonstrations must be
conducted outside the safety zone.
    Results from a thorough and comprehensive examination of the
criteria, IMO guidelines, and existing regulations warrant the
establishment of the temporary safety zone. The regulation
significantly reduces the threat of allisions that could result in oil
spills, and other releases. Furthermore, the regulation increases the
safety of life, property, and the environment in the Chukchi Sea by
prohibiting entry into the zone unless specifically authorized by the
Commander, Seventeenth Coast Guard District, or a designated
representative. Due to the remote location and the need to protect the
environment, the Coast Guard may use criminal sanctions to enforce the
safety zone as appropriate.
    The temporary safety zone will be around the DRILLSHIP NOBLE
DISCOVERER while anchored or deploying and recovering moorings on
location in order to drill exploratory wells in various locations in
the Chukchi Sea Outer Continental Shelf, Alaska during the 2015
timeframe.
    Shell Exploration & Production Company has proposed and received
permits for drill sites within the Burger prospects, Chukchi Sea,
Alaska.
    During the 2015 timeframe, Shell Exploration & Production Company
has proposed drilling exploration wells at various Chukchi Sea
prospects depending on favorable ice conditions, weather, sea state,
and any other pertinent factors. Each of these drill sites will be
permitted for drilling in 2015 to allow for operational flexibility in
the event sea ice conditions prevent access to one of the locations.
The number of actual wells that will be drilled will depend on ice
conditions and the length of time available for the 2015 drilling
season. The predicted ``average'' drilling season, constrained by
prevailing ice conditions and regulatory restrictions, is long enough
for two to three typical exploration wells to be drilled.
    The actual order of drilling activities will be controlled by an
interplay between actual ice conditions immediately prior to a rig
move, ice forecasts, any regulatory restrictions with respect to the
dates of allowed operating windows, whether the planned drilling
activity involves only drilling the shallow non-objective section or
penetrating potential hydrocarbon zones, the availability of permitted
sites having approved shallow hazards clearance, the anticipated
duration of each contemplated drilling activity, the results of
preceding wells and Marine Mammal Monitoring and Mitigation plan
requirements.
    All planned exploration drilling in the identified lease will be
conducted with the DRILLSHIP NOBLE DISCOVERER.
    The DRILLSHIP NOBLE DISCOVERER has a ``persons on board'' capacity
of 124, and it is expected to be at capacity for most of its operating
period. The DRILLSHIP NOBLE DISCOVERER's personnel will include its
crew, as well as Shell employees, third party contractors, Alaska
Native Marine Mammal Observers and possibly Bureau of Safety and
Environmental Enforcement (BSEE) personnel.
    While conducting exploration drilling operations, the DRILLSHIP
NOBLE DISCOVERER will be anchored using an anchoring system consisting
of an 8-point anchored mooring spread attached to the onboard turret
and could have a maximum anchor radius of 3,600 ft (1,100 m). The
center point of the DRILLSHIP NOBLE DISCOVERER will be positioned
within the prospect location in the Chukchi Sea.
    The DRILLSHIP NOBLE DISCOVERER will move into the Chukchi Sea on or
about July 1, 2015 and onto a prospect location when ice allows.
Drilling will conclude on or before October 31, 2015. The drillship and
support vessels will depart the Chukchi Sea at the conclusion of the
2015 drilling season.

C. Discussion of Comments, Changes, and the Final Rule

    One comment from the public was received during the 30 day comment
period expressing concern that the safety zone was larger than
necessary and that it could unnecessary impede vessel movement. The
comment proposed a smaller safety zone of 50 meters with a ``no wake''
restriction extending 250 meters. The Coast Guard considered this
comment, but has decided not to adopt the commenter's suggestion.
Considering the size of the ocean, we do not believe a 500-meter safety
zone presents an unreasonable restriction of movement. Furthermore,
considering the size and speed of the drillship and associated drilling
operations, we believe that a 50-meter zone would not ensure the safety
of boaters in the area. Finally, we note that a ``no-wake zone'' would
not have any effect in protecting boaters from the

dangerous conditions caused by drilling operations.
    Additionally, one commenter questioned whether the safety zone
applied when the vessel is moving. It would apply during that time, for
the safety of other vessels. The commenter also suggested that the
safety zone should not extend 500 meters past the mooring. For reasons
described below, we agree with the commenter's suggestion in this
regard.
    The Coast Guard made one change to the proposed rule. The original
proposed rule had called for safety zones at every point where the
vessel's mooring spread intersected with the ocean's surface. After
consideration of the comments and additional clarification from Shell
Exploration & Production Company, the Coast Guard determined that the
mooring system utilized on this vessel is configured such that its
lines will not break the ocean's surface beyond the vessel's outer
edge. Therefore, the Coast Guard deleted reference to such additional
safety zones and corresponding marking buoys from the final rule.
    The temporary safety zone will encompass the area that extends 500
meters from the outer edge of the DRILLSHIP NOBLE DISCOVERER. This
safety zone will be in effect both when the DRILLSHIP NOBLE DISCOVERER
is anchored and when deploying and recovering moorings. No vessel would
be allowed to enter or remain in this proposed safety zone except the
following: An attending vessel or a vessel authorized by the Commander,
Seventeenth Coast Guard District or a designated representative. They
may be contacted on VHF-FM Channel 13 or 16 or by telephone at 907-463-
2000.

D. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering
numerous statutes and executive orders related to rulemaking. Below we
summarize our analyses based on 14 of these statutes or executive
orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
Section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under that Order.
    This rule is not a significant regulatory action due to the
location of the DRILLSHIP NOBLE DISCOVERER on the Outer Continental
Shelf and its distance from both land and safety fairways. Vessels
traversing waters near the proposed safety zone will be able to safely
travel around the zone without incurring additional costs.

2. Small Entities

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
the Coast Guard has considered whether this rule would have a
significant economic impact on a substantial number of small entities.
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the Burger Prospects of the Chukchi
Sea.
    This safety zone will not have a significant economic impact or a
substantial number of small entities for the following reasons: This
rule will enforce a safety zone around a drilling unit facility that is
in areas of the Chukchi Sea not frequented by vessel traffic and is not
in close proximity to a safety fairway. Further, vessel traffic can
pass safely around the safety zone without incurring additional costs.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact LCDR Jason Boyle, Coast Guard Seventeenth
District, Office of Prevention; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000.00 (adjusted
for inflation) or more in any one year. Though this rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an

environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.

12. Energy Effects

    The Coast Guard analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant's Instruction.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  147.T17-0248 to read as follows:

Sec.  147.T17-0248  Safety Zone; DRILLSHIP NOBLE DISCOVERER, Outer
Continental Shelf Drillship, Chukchi Sea, Alaska.

    (a) Description. The DRILLSHIP NOBLE DISCOVERER will be engaged in
exploratory drilling operations at various locations in the Chukchi Sea
from July 1, 2015 through October 31, 2015. The area that extends 500
meters from the outer edge of the DRILLSHIP NOBLE DISCOVERER is a
safety zone. Lawful demonstrations may be conducted outside of the
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
    (1) An attending vessel; or
    (2) A vessel authorized by the Commander, Seventeenth Coast Guard
District, or a designated representative.

    Dated: June 17, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, Seventeenth Coast Guard
District.
[FR Doc. 2015-19367 Filed 8-7-15; 8:45 am]
BILLING CODE 9110-04-P


1 SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY STANDARDS OF PERFORMANCE NSPS Subpart FFF Flexible Vinyl and Urethane Coating and Printing 1. Identification of the Information Collection 1( a) Title of the Information Collection ICR for NSPS Subpart FFF  Flexible Vinyl and Urethane Coating and Printing Industry Subject to New Source Performance Standards 1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for Subpart FFF were proposed on January 18, 1983, and promulgated on June 29, 1984. These standards apply to the following facilities in Subpart FFF: each rotogravure printing line used to print or coat flexible vinyl or urethane products, and for which construction, modification or reconstruction commenced after the date of proposal. This information is being collected to assure compliance with 40 CFR Part 60 Subpart FFF. Owners or operators of the affected facilities described must make one time only notifications. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Monitoring requirements specific to this rule provide information on the operation of emissions control devices. Semiannual reports of excess emissions or exceedances of standards are required. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NSPS. Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least 2 years following the date of such measurements, maintenance reports, and records. Approximately 10 sources are currently subject to the standard, and it is estimated that one additional source will become subject to the standard in the next three years. The cost of this ICR will be $ 18,085.70 dollars. The numbers of sources is based upon an AIRS data pull. 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 EPA Regional Office.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act, as amended, to establish standards 2 of performance for new stationary sources that reflect: . . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated [ Section 111( a)( l)]. The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years. In addition, Section 114( a) States that: . . . the Administrator may require any owner or operator subject to any requirement of this Act to ( A) establish and maintain such records, ( B) make such reports, ( C) install, use, and maintain such monitoring equipment or methods ( in accordance with such methods at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( D) sample such emissions, ( E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical, ( F) submit compliance certifications, and ( G) provide such other information as he may reasonably require. In the Administrator's judgment, volatile organic compound emissions from printing or coating on flexible vinyl and urethane products cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, NSPS were promulgated for this source category at 40 CFR Part 60 Subpart FFF.

2( b) PRACTICAL UTILITY/ USERS OF THE DATA The control of emissions of volatile organic compounds from printing and coating flexible vinyl and urethane products requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of volatile organic compounds are the result of operation of the printing on flexible vinyl and urethane coating. These standards rely on the reduction of volatile organic compounds emissions by using inks with low VOC contents or on the capture of those compounds by either solvent recovery systems, thermal incinerators or catalytic incinerators. The required notifications are used to inform the Agency or delegated authority when a source becomes subject to the standard. The reviewing authority may then inspect the source to check if the pollution control devices ( if this method is chosen to comply with the regulation) are properly installed and operated and the standard is being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. For facilities using control equipment to meet this standard, the operating conditions may include temperature or volatile organic compound concentration. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment 3 and achieve compliance with the regulation. Adequate monitoring, recordkeeping, and reporting is necessary to ensure compliance with these standards, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria 3( a) Nonduplication The recordkeeping and reporting requested is required under 40 CFR Part 60 Subpart FFF. If the standard has not been delegated the information is sent to the appropriate EPA Regional Office. Otherwise, the information is sent directly to the delegated State or Local Agency. If a State or Local Agency has adopted their own similar regulation to implement the Federal Regulation, 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 Standard. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register on October 29, 1999.

3( c) Consultations No comments were received on the burden published in the Federal Register.

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

3( e) General Guidelines None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart FFF or otherwise pertinent to this request violate any of the regulations established by OMB in 5 CFR 1320.6. 4 3( f) Confidentiality The required information consists of emissions data and other information that have been determined not to be private. However, any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, 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 None of the reporting or recordkeeping requirements contained in 40 CFR Part 60 Subpart FFF or otherwise pertinent to this request contain sensitive questions.

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

4( b) INFORMATION REQUESTED ( I) Data Items All data in this ICR that is recorded and/ or reported is required by 40 CFR Part 60 Subpart FFF. A source must make the following reports Notification Reports Initial notification of Construction/ reconstruction 60.7( a)( 1)

Physical or operational change 60.7( a)( 4)

Anticipated startup 60.7( a)( 2)

Actual startup 60.7( a)( 3)

Initial performance test 60.8( d) Notification Reports 5 Delay of / and rescheduled initial performance test 60.8( d)

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

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

Excess emission reports  semi annual reports 60.7( c) &( d), 60.585( b)

A source must keep the following records.

Recordkeeping Startups, shutdowns, malfunctions, periods where the continuous monitoring system is inoperative 60.7( b), 60.584( d)

Records for sources with continuous monitoring systems 60.7( d)

Maintain file of all measurements 60.7( e), 60.583( b),

60.583( c)

Records of performance test conditions 60.8( c)

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

60.584( b)( 2),

60.584( c)( 2)

Records are required to be retained for 2 Years. The first 2 years of records must be kept onsite.

ii. Respondent Activities 6 Respondent Activities Read instructions.

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

Perform initial performance test, see 60.583 , 60.584, and 60.580 ( c) for test methods. 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 information required under 40 CFR Subpart FFF:

Agency Activities Observe initial performance tests and repeat performance tests if necessary. Agency Activities 7 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 Aerometric Information Retrieval System ( AIRS) database.

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and note the operating conditions { VOC concentration or temperature} under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. Information contained in the reports is entered into AIRS which is operated and maintained by EPA's Office of Air Quality Planning and Standards. AIRS is EPA's database for the collection, maintenance, and retrieval of compliance and annual emission inventory data for over 100,000 industrial and government owned facilities. EPA uses AIRS for tracking air pollution compliance and enforcement by Local and State regulatory agencies, and EPA Regional Offices and Headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility The recordkeeping and reporting requirements were selected within the context of this specific subpart and the specific process equipment and pollutant. The impact on small businesses was accounted for in the regulation development. The requirements reflect the burden on small businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced. The smaller businesses may have smaller production capabilities and may have less data to record. Even though the recordkeeping and reporting requirements are the same for small and larger businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small businesses.

5( d) Collection Schedule 8 The specific frequency for each information collection activity within this request is shown on Table 2.

6. Estimating the Burden and Cost of the Collection Table 2 documents the computation of individual burdens for each of 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. Since this rule has been in effect since 1984, the respondents have had years of experience with the existing recordkeeping and reporting requirements. There has been no change to those requirements, therefore no additional costs are involved in adjusting their system. Occurences of CMS upkeep however was adjusted in the table. The regulation required annual calibration and proper maintenance of the equipment. The previous ICR had 250 occurances per year. This ICR adjusts that to weekly ( 52 times per year) minor adjustment. This should more realistically reflect the annual calibration and minor adjustments needed through the year. Responses to this information collection are mandatory. The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated at 329.19 ( total from industry table) person hours. These hours are based on Agency studies and background documents from the development of the standards or test methods, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( I) Estimating Labor Costs This ICR uses labor rates of $ 54.94 . These rates are from the United States Department of Commerce Bureau of Labor Statistics, March 1999, Table 10: Employment Costs for Private Industry by Occupational and Industry Group. The rates are from column 1: Total compensation. The wage rates have been loaded by adding 110% overhead As with most older NSPS or NESHAP standards, one labor class is used  the technical labor rate. These standards only use technical labor because they are not as sophisticated as MACT standards. These standards are over 17 years old and for all the existing facilities are standard procedures which involve mantaining records of materials usage or reading results from CMS. There is no need for management or clerical involvement. Reports can be generated using the technical staff person's computer. 9 ( ii) Estimating Capital and Operations and Maintenance Costs The type of industry costs associated with the information collection activity in the standards are labor and CEMs, for solvent recovery or incineration ( if used). The capital start up costs are one time costs when a facility becomes subject to the standard. The capital start up costs for this regulation are $ 6,600 dollars. This is based on 1 new source per 3 year ICR period or .3 sources per year multiplied by $ 20,000 per CMS. The annual operations and maintenance costs are $ 45,000 dollars. This is based on 5 of the 10 existing sources using control devices ( and therefore CMS) multiplied by $ 9,000 for upkeep of the monitoring device. The total respondent costs have been calculated on the addition of the capital start up costs and the annual operations and maintenance costs. The average annual burden for capital and operations and maintenance costs to industry over the next three years of the ICR is estimated to be $ 51,600.

( iii) Capital/ Start up vs. Operating and Maintenance ( O& M) Costs Monitoring device start up cost ($) annual O& M costs ($) For 1 unit For 1 unit Continuous monitor $ 20,000 $ 9,000 for control device or temperature or feed rate monitor 6( c) Estimating Agency Burden and Cost The only Federal costs are user costs associated with analysis of the reported information. Publication and distribution of the information are part of the AIRS program. Examination of records to be maintained by the respondents will occur as part of the periodic inspection of sources, which is part of EPA's overall compliance and enforcement program. The average annual Federal Government cost during the 3 years of the ICR is estimated to be $ 1,950.90 ( from table 1). This cost is based on an average wage of a ( GS 10 step 1 employee rate, ($ 16.52 hr + 110% overhead = $ 34.69 ) Details upon which this estimate is based appear in Table 1: Agency Burden.

6( d) Estimating the Respondent Universe and Total Burden and Costs The number of existing sources subject to NSPS Subpart FFF is 10. The number of new sources subject to NSPS Subpart FFF is 1. The number of total respondents is 10.33. This is the number of existing sources plus the number of sources anticipated in one year. The total annual responses is 21, this number is calculated from the number of new sources multiplied by the number of initial reports, plus the number of existing sources multiplied by the ( semiannual or whatever the requirements are) reports. The total annual labor costs are 329.19 and total annual capital and O& M costs to the regulated entity are $ 51,600 dollars. Details upon which this estimate is based appear in Table 2: Industry Burden.

6( e) Bottom Line Burden Hours And Cost Tables 10 Please see Tables 1 and 2.

6( f) Reasons for Change in Burden The decrease in burden from the most recently approved ICR is due to an adjustment in the hours needed for calibration of the CMS. This was explained in section 6.

6( g) Burden Statement 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. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), 1200 Pennsylvania Ave. NW, Washington, D. C. 20460; and 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. Include the EPA ICR number 1157.06 and OMB control number 2060 0073 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information.


[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Notices]
[Pages 38960-38962]
[FR Doc No: 2017-17273]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81368; File No. SR-BatsBYX-2017-18]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Rule
11.24, Retail Price Improvement Program, To Extend the Pilot Period

August 10, 2017.
    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 August 8, 2017, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to extend the pilot period for the
Exchange's Retail Price Improvement (``RPI'') Program (the
``Program''), which was set to expire on July 31, 2017, for 12 months,
to expire on July 31, 2018.
    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.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 parts of such
statements.

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

1. Purpose
    In November 2012, the Commission approved the RPI Program on a
pilot basis.\5\ The Program is designed to attract retail order flow to
the Exchange, and allows such order flow to receive potential price
improvement. The Program is currently limited to trades occurring at
prices equal to or greater than $1.00 per share. Under the Program, all
Exchange Users \6\ are permitted to provide potential price improvement
for Retail Orders \7\ in the form of non-displayed interest that is
better than the national best bid that is a Protected Quotation
(``Protected NBB'') or the national best offer that is a Protected
Quotation (``Protected NBO'', and together with the Protected NBB, the
``Protected NBBO'').\8\
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    \5\ See Securities Exchange Act Release No. 68303 (November 27,
2012), 77 FR 71652 (December 3, 2012) (``RPI Approval Order'') (SR-
BYX-2012-019).
    \6\ A ``User'' is defined in BYX Rule 1.5(cc) as any member or
sponsored participant of the Exchange who is authorized to obtain
access to the System.
    \7\ A ``Retail Order'' is defined in Rule 11.24(a)(2) as an
agency order that originates from a natural person and is submitted
to the Exchange by a RMO, provided that no change is made to the
terms of the order with respect to price or side of market and the
order does not originate from a trading algorithm or any
computerized methodology. See Rule 11.24(a)(2).
    \8\ The term Protected Quotation is defined in BYX Rule 1.5(t)
and has the same meaning as is set forth in Regulation NMS Rule
600(b)(58). The terms Protected NBB and Protected NBO are defined in
BYX Rule 1.5(s). The Protected NBB is the best-priced protected bid
and the Protected NBO is the best-priced protected offer. Generally,
the Protected NBB and Protected NBO and the national best bid
(``NBB'') and national best offer (``NBO'', together with the NBB,
the ``NBBO'') will be the same. However, a market center is not
required to route to the NBB or NBO if that market center is subject
to an exception under Regulation NMS Rule 611(b)(1) or if such NBB
or NBO is otherwise not available for an automatic execution. In
such case, the Protected NBB or Protected NBO would be the best-
priced protected bid or offer to which a market center must route
interest pursuant to Regulation NMS Rule 611.
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    The Program was approved by the Commission on a pilot basis running
one-year from the date of implementation.\9\ The Commission approved
the Program on November 27, 2012.\10\ The Exchange implemented the
Program on January 11, 2013, and has extended the pilot period four
times.\11\ The pilot period for the Program expired on July 31, 2017.
The lapse of the pilot was inadvertent and this filing seeks to
reinstate the pilot under the same terms as the original pilot.
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    \9\ See RPI Approval Order, supra note 5 at 71652.
    \10\ Id.
    \11\ See Securities Exchange Act Release Nos. 71249 (January 7,
2014), 79 FR 2229 (January 13, 2014) (SR-BYX-2014-001) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Extend the Pilot Period for the Retail Price Improvement Program);
74111 (January 22, 2015), 80 FR 4598 (January 28, 2015) (SR-BYX-
2015-05) (Notice of Filing and Immediate Effectiveness of a Proposed
Rule Change to Extend the Pilot Period for BATS Y-Exchange, Inc.'s
Retail Price Improvement (``RPI'') Program for 12 Months, To Expire
on January 31, 2016); 76965 (January 22, 2016), 81 FR 4682 (January
27, 2016) (SR-BYX-2016-01) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change to Rule 11.24, Retail Price
Improvement Program, To Extend the Pilot Period); 78180 (June 28,
2016), 81 FR 43306 (July 1, 2016) (SR-BYX-2016-15) (Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change to Rule 11.24,
Retail Price Improvement Program, To Extend the Pilot Period).
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Proposal To Extend the Operation of the Program
    The Exchange established the RPI Program in an attempt to attract
retail order flow to the Exchange by potentially providing price
improvement to such order flow. The Exchange believes that the Program
promotes competition for retail order flow by allowing Exchange members
to submit Retail Price Improvement Orders (``RPI Orders'') \12\ to
interact with Retail Orders. Such competition has the ability

to promote efficiency by facilitating the price discovery process and
generating additional investor interest in trading securities, thereby
promoting capital formation. The Exchange believes that extending the
pilot is appropriate because it will allow the Exchange and the
Commission additional time to gather and analyze data regarding the
Program that the Exchange has committed to provide.\13\ As such, the
Exchange believes that it is appropriate to extend the current
operation of the Program.\14\ Through this filing, the Exchange seeks
to extend the current pilot period of the Program until July 31, 2018.
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    \12\ A ``Retail Price Improvement Order'' is defined in Rule
11.24(a)(3) as an order that consists of non-displayed interest on
the Exchange that is priced better than the Protected NBB or
Protected NBO by at least $0.001 and that is identified as such. See
Rule 11.24(a)(3).
    \13\ See RPI Approval Order, supra note 5 at 71655.
    \14\ Concurrently with this filing, the Exchange has submitted a
request for an extension of the exemption under Regulation NMS Rule
612 previously granted by the Commission that permits it to accept
and rank the RPI orders in sub-penny increments. See Letter from
Anders Franzon, SVP, Associate General Counsel, Bats BYX Exchange,
Inc. to Brent J. Fields, Secretary, Securities and Exchange
Commission dated August 7, 2017.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\15\ In particular,
the Exchange believes the proposed change furthers the objectives of
Section 6(b)(5) of the Act,\16\ in that it is 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 facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The Exchange believes that
extending the pilot period for the RPI Program is consistent with these
principles because the Program is reasonably designed to attract retail
order flow to the exchange environment, while helping to ensure that
retail investors benefit from the better price that liquidity providers
are willing to give their orders. Additionally, as previously stated,
the competition promoted by the Program may facilitate the price
discovery process and potentially generate additional investor interest
in trading securities. The extension of the pilot period will allow the
Commission and the Exchange to continue to monitor the Program for its
potential effects on public price discovery, and on the broader market
structure.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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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 proposed rule change
extends an established pilot program for 12 months, thus allowing the
RPI Program to enhance competition for retail order flow and contribute
to the public price discovery process.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from Members or other interested parties.

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

    Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C) by
its terms, 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 \17\ and
paragraph (f)(6) of Rule 19b-4 thereunder,\18\ the Exchange has
designated this rule filing as non-controversial.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4.
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    The Exchange has requested the Commission waive the standard five-
day pre-filing and 30-day operative delay requirements as specified in
Rule 19b-4(f)(6)(iii) \19\ so that BatsBYX's RPI Program can continue
to operate with limited interruption. The Commission waives the 5-day
pre-filing requirement. In addition, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because it will allow the Exchange to
reinstate the RPI Program on a pilot basis immediately. For these
reasons, the Commission designates the proposal to be effective and
operative upon filing with the Commission.\20\
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    \19\ 17 CFR 240.19b-4(f)(6)(iii).
    \20\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 No. SR-BatsBYX-2017-18 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 No. SR-BatsBYX-2017-18. 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 such filing will also 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 No. SR-BatsBYX-2017-18 and should be
submitted on or before September 6, 2017

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-17273 Filed 8-15-17; 8:45 am]
 BILLING CODE 8011-01-P