[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21325-21328]
[FR Doc No: 2021-08444]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2021-0011]

Request for Information on FEMA Programs, Regulations, and
Policies

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

ACTION: Notice and request for information.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is issuing this
Request for Information (RFI) to receive input from the public on
specific FEMA programs, regulations, collections of information, and
policies for the agency to consider modifying, streamlining, expanding,
or repealing in light of recent Executive orders. These efforts aim to
help FEMA ensure that its programs, regulations, and policies contain
necessary, properly tailored, and up-to-date requirements that
effectively achieve FEMA's mission in a manner that furthers the goals
of advancing equity for all, including those in underserved
communities, bolstering resilience from the impacts of climate change,
particularly for those disproportionately impacted by climate change,
and environmental justice.

DATES: Written comments are requested on or before June 21, 2021. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: You may submit comments, identified by Docket ID: FEMA-2021-
0011, through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT: Kristen Shedd, Associate Chief
Counsel, Regulatory Affairs Division, Office of Chief Counsel<EMAIL_ADDRESS>202-646-4105.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Interested persons are invited to comment on this notice by
submitting written data, views, or arguments using the method
identified in the ADDRESSES section.
    Instructions: All submissions must include the agency name and
Docket ID for this notice. All comments received will be posted without
change to http://www.regulations.gov. Commenters are encouraged to
identify the number of the specific question or questions to which they
are responding.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov.

II. Background

    FEMA seeks this input pursuant to the processes required
specifically by Executive Orders 13985, 13990, and 14008 that require
agencies to assess existing programs and policies to determine if: (1)
Agency programs and policies perpetuate systemic barriers to
opportunities and benefits for people of color and other underserved
groups; (2) additional agency actions are required to bolster
resilience to climate change; and (3) agency programs, policies, and
activities address the disproportionately high and adverse climate-
related impacts on disadvantaged communities. Consistent with Executive
Order 13563 and Executive Order 13707, FEMA further seeks this input to
ensure that it is implementing its programs in a manner that builds
disaster readiness and closes national capability gaps through data-
driven approaches and risk-informed preparedness and mitigation
investments as well as in delivering the Agency's response and recovery
mission sets.
    On January 20, 2021, the President issued Executive Order 13985,
``Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government,'' \1\ designed to pursue a
comprehensive approach to advancing equity for all, including people of
color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality. The
Executive order defines ``equity'' as the consistent and systemic fair,
just, and impartial treatment of all individuals, including individuals
who belong to underserved communities that have been denied such
treatment, such as: Black, Latino, and Indigenous and Native American
persons, Asian Americans and Pacific Islanders and other persons of
color; members of religious minorities; lesbian, gay, bisexual,
transgender, and queer (LGBTQ+) persons; persons with disabilities;
persons who live in rural areas; and persons otherwise adversely
affected by persistent poverty or inequality. It defines ``underserved
communities'' as ``populations sharing a particular characteristic, as
well as geographic communities, that have been systematically denied a
full opportunity to participate in aspects of economic, social, and
civic life, as exemplified by the list in the preceding definition of
`equity.' ''
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    \1\ 86 FR 7009 (Jan. 25, 2021).
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    Executive Order 13985 further requires each agency to assess
whether, and to what extent, its programs and policies perpetuate
systemic barriers to opportunities and benefits for people of color and
other underserved groups with the goal of developing policies and
programs that deliver resources and benefits equitably to all. The
Executive order requires agencies to consult with members of
communities that have been historically underrepresented in the Federal
Government and underserved by, or subject to discrimination, in Federal
policies and programs.
    On the same day, the President issued Executive Order 13990
``Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis.'' \2\ The order requires agencies to review
and take action to address the promulgation of Federal regulations and
other actions in conflict with the objectives of improving public
health and protecting the environment by, among other things,
bolstering resilience to the impacts of climate change. In taking these
actions, agencies were directed to seek input from the public and
stakeholders, including: State, local, Tribal, and territorial
officials; scientists; labor unions; environmental advocates; and
environmental justice groups.
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    \2\ 86 FR 7037 (Jan. 25, 2021).
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    Finally, on January 27, 2021, the President issued Executive Order
14008 ``Tackling the Climate Crisis at Home and Abroad.'' \3\ This
order directs agencies to move quickly to build resilience, at home and
abroad, against impacts of climate change and to prioritize action on
climate change in policymaking. Additionally, the order requires
agencies to develop programs, policies, and activities to deliver
environmental justice and address the disproportionately high and
adverse climate-related impacts on disadvantaged communities. To
facilitate these actions, agencies are required to engage with State,
local, Tribal, and territorial governments;

workers and communities; and leaders across all sectors of our economy.
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    \3\ 86 FR 7619 (Feb. 1, 2021).
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    Executive Order 13563, ``Improving Regulation and Regulatory
Review,'' directs agencies to ``identify the best, most innovative, and
least burdensome tools for achieving regulatory ends.'' Executive Order
13563 is affirmed in the President's Memorandum of January 20, 2021,
Modernizing Regulatory Review. Executive Order 13707, ``Using
Behavioral Insights to Better Serve the American People,'' directs
agencies to design ``programs and policies to reflect our best
understanding of how people engage with, participate in, use, and
respond to those policies and programs.'' Executive Order 13707 is
affirmed in the President's Memorandum of January 27, 2021, Restoring
Trust in Government through Scientific Integrity and Evidence-Based
Policymaking.
    Pursuant to these Executive orders and presidential memoranda, FEMA
issues this RFI to gather information on the extent to which the
existing agency programs, regulations, and policies (1) perpetuate
systemic barriers to opportunities and benefits for people of color and
other underserved groups; (2) bolster resilience to the impacts of
climate change; and (3) address the disproportionately high and adverse
climate-related impacts on disadvantaged communities. Among other
things, FEMA seeks concrete information about unnecessary or
unjustified administrative burdens that may create the systemic
barriers in (1).
    It is important to note that FEMA continually evaluates its
programs and policies, as well as the regulatory program for rules that
are candidates for modification, streamlining, expansion, or repeal.
FEMA does so through legally mandated review requirements (e.g.,
Unified Agenda reviews and reviews under section 610 of the Regulatory
Flexibility Act) and through other informal and long-established
mechanisms (e.g., use of Advisory Councils, feedback from FEMA field
personnel, input from internal working groups, and outreach to
regulated entities and the public). This Federal Register notice
supplements these existing extensive FEMA regulatory and program review
efforts.

II. FEMA's Programs

    FEMA's mission is to help people before, during, and after
disasters, which it carries out through its core values and guiding
principles. FEMA's core values are compassion, fairness, integrity, and
respect (which includes respect for human dignity). FEMA's guiding
principles are accountability, accessibility, empowerment, engagement,
flexibility, getting results, preparation, stewardship, and
teamwork.\4\ The agency carries out its mission through the Office of
the Administrator, multiple program offices, and ten regional offices
located throughout the United States. The two key operational program
offices are the (1) Office of Response and Recovery; and (2)
Resilience.
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    \4\ https://www.fema.gov/sites/default/files/2020-03/core-values-placemat_2019.pdf.
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    The Office of Response and Recovery provides guidance, leadership,
and oversight to build, sustain, and improve the coordination and
delivery of support to citizens and State, local, Tribal and
territorial (SLTT) governments to save lives, reduce suffering, protect
property and recover from all hazards. The Response Directorate within
the Office of Response and Recovery provides funding for 28 national
task forces staffed and equipped to assist State and local governments
conduct around-the-clock search-and-rescue operations following a
Presidentially declared major disaster or emergency under the Stafford
Act (e.g., earthquakes, tornadoes, floods, hurricanes, aircraft
accidents, hazardous materials spills and catastrophic structure
collapses). The Recovery Directorate within the Office of Response and
Recovery provides two key assistance programs for disaster recovery:
(1) The Individual Assistance program; and (2) the Public Assistance
program. The Individual Assistance (IA) program provides direct
assistance to individuals and households, as well as SLTT governments
to support recovery efforts nationwide. Pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,\5\ IA delivers
five statutory disaster programs and one non-disaster program,
coordinates Mass Care and Emergency Assistance, and collaborates with
other Federal agencies, SLTT governments, and non-profit, faith-based,
and voluntary organizations to provide support for disaster survivors.
IA programs include housing assistance (financial assistance to repair
or replace personal property), other needs assistance (to pay for
expenses caused by the disaster including medical or dental expenses or
losses, funeral expenses, child care expenses, transportation expenses,
moving and storage expenses, cleaning and removal expenses, critical
needs expenses, and other miscellaneous expenses), crisis counseling,
disaster unemployment, disaster legal services, and disaster case
management. IA also delivers the Emergency Food and Shelter Program,
which supplements and expands the ongoing work of local social service
organizations to provide shelter, food, and supportive services to
those experiencing, or at risk of, hunger or homelessness. The Public
Assistance (PA) program supports communities' recovery from major
disasters by providing them with assistance for debris removal,
emergency protective measures, and restoring public infrastructure.
SLTT governments, as well as certain private non-profit organizations,
are eligible for Public Assistance.
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    \5\ Robert T. Stafford Disaster Relief and Emergency Assistance
Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq.
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    Resilience seeks to build a culture of preparedness through
insurance, mitigation, continuity, preparedness programs, and grants.
The Federal Insurance and Mitigation Administration (FIMA) within
Resilience administers the National Flood Insurance Program (NFIP) and
other programs designed to reduce future losses to homes, businesses,
schools, public buildings, and critical facilities from floods,
earthquakes, tornadoes, and other natural disasters. FIMA works to
increase awareness of flood risk through identification and publication
of flood hazard information; reduce the impact of floods and other
natural hazards through hazard mitigation, floodplain management, and
building codes; provide insurance to property owners to speed recovery
from flood events; and diminish the impact that disasters and emergency
management decisions have on the nation's natural and cultural
resources. FIMA also administers and manages the following FEMA hazard
mitigation assistance programs:\6\ (1) Hazard Mitigation Grant Program
(HMGP); (2) HMGP Post Fire Grant Program; (3) Flood Mitigation
Assistance; (4) Building Resilient Infrastructure and Communities
(BRIC); and the following FEMA resilience grant programs: (1) National
Dam Safety Program Grants; (2) High Hazard Potential Dam Grant Program;
and (3) National Earthquake Hazards Reduction Program State Assistance.
The Grant Programs Directorate (GPD) within Resilience provides Federal
assistance to measurably improve capability and reduce the risks the
nation faces in times of man-made and natural disasters. GPD
administers and manages

the following FEMA preparedness grant programs: (1) Emergency
Management Performance Grant Program; (2) Assistance to Firefighters
Grant Program; (3) Homeland Security Grant Program; (4) Tribal Homeland
Security Grant Program; (5) Intercity Bus Security Grant Program; (6)
Intercity Passenger Rail Grant Program; (7) Presidential Residence
Protection Assistance; (8) Regional Catastrophic Preparedness Grants
Program; (9) Transit Security Grant Program; (10) Port Security Grant
Program; (11) Nonprofit Security Grant Program; (12) Staffing for
Adequate Fire and Emergency Response Grant Program; and (13) Fire
Prevention and Safety Grant Program. The National Preparedness
Directorate (NPD) within Resilience also administers a range of non-
disaster grant programs, including: (1) National Incident Management
System (NIMS); (2) Emergency Management Baseline Assessment Grant
(EMBAG); (3) Homeland Security National Training Program (HSNTP)--
National Domestic Preparedness Consortium (NDPC) and Homeland Security
Preparedness Technical Assistance Program (HSPTAP); and (4) United
States Fire Administration (USFA) State Fire Systems Training Grant
Program.
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    \6\ On January 1, 2021, Congress passed the Safeguarding
Tomorrow through Ongoing Risk Mitigation (STORM) Act, Public Law
116-284, which authorizes a hazard mitigation revolving loan
program. FEMA is currently developing an implementation strategy for
the program.
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    FEMA seeks specific input from the public regarding the programs,
regulations, collections of information, and policies implemented by
the Office of Response and Recovery and Resilience. FEMA is seeking
information and input from the public regarding these key programs and
their regulations and policies as part of the agency's efforts to
ensure it is operating its programs in compliance with the Executive
orders detailed above.

III. Request for Input

A. Importance of Public Feedback

    A central tenet of each of the Executive orders is the critical and
essential role of public input in driving and focusing FEMA review of
its existing programs, regulations, and policies. Because the impacts
and effects of federal regulations and policies tend to be widely
dispersed in society, members of the public are likely to have useful
information, data, and perspectives on the benefits and burdens of our
existing programs, regulations, information collections, and policies.
Given the importance of public input, FEMA is seeking broad public
feedback to facilitate these program reviews in the context of equity
for all, including those in underserved communities, bolstering
resilience to the impacts of climate change, particularly for those
disproportionately impacted by climate change, and environmental
justice. In a period in which disasters of many kinds may become more
common, in part because of climate change, it is essential to
reevaluate programs to reduce unnecessary barriers to participation and
effectiveness, to serve all communities, to increase equity, and to
promote preparedness.

B. Maximizing the Value of Public Feedback

    This notice contains a list of questions, the answers to which will
assist FEMA in identifying those programs, regulations, and/or policies
that may benefit from modification, streamlining, expansion, or repeal
in light of the Executive orders. FEMA encourages public comment on
these questions and seeks any other data commenters believe are
relevant to FEMA's review efforts. The type of feedback that is most
useful to the agency includes feedback that identifies specific
programs, regulations, information collections, and/or policies that
could benefit from reform; feedback that refers to specific barriers to
participation; feedback about how to improve risk perception; feedback
that offers actionable data; and feedback that specifies viable
alternatives to existing approaches that meet statutory obligations.
For example, feedback that simply states that a stakeholder feels
strongly that FEMA should change a regulation but does not contain
specific information on how the proposed change would impact the costs
and benefits of the regulation, is much less useful to FEMA. FEMA is
looking for new information and new data to support any proposed
changes.
    Highlighted below are a few of those points, noting comments that
are most useful to FEMA, guided by corresponding principles. Commenters
should consider these principles as they answer and respond to the
questions in this notice.
     Commenters should identify, with specificity, the program,
regulation, information collection, and/or policy at issue, providing
the Code of Federal Regulation (CFR) citation where appropriate.
     Commenters should identify, with specificity,
administrative burdens, program requirements, information collection
burdens, waiting time, or unnecessary complexity that may impose
unjustified barriers in general, or that may have adverse effects on
equity for all, including individuals who belong to underserved
communities that have been denied equitable treatment, such as Black,
Latino, and Indigenous and Native American persons, Asian Americans and
Pacific Islanders and other persons of color; members of religious
minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+)
persons; persons with disabilities; persons who live in rural areas;
and persons otherwise adversely affected by persistent poverty or
inequality.
     Commenters should identify, with specificity, small or
large reforms that might be justified in light of the risks posed by
climate change, whether those reforms involve preparedness, mitigation,
or other steps to reduce suffering.
     Commenters should provide, in as much detail as possible,
an explanation why a program, regulation, information collection, and/
or policy should be modified, streamlined, expanded, or repealed, as
well as specific suggestions of ways the agency can better achieve its
statutory and regulatory objectives in light of the Executive orders
cited.
     Commenters should provide specific data that document the
costs, burdens, and benefits of existing requirements to the extent
they are available. Commenters might also address how FEMA can best
obtain and consider accurate, objective information and data about the
costs, burdens, and benefits of existing programs and regulations and
whether there are existing sources of data that FEMA can use to
evaluate the post-promulgation effects of its regulations over time.
     Particularly where comments relate to a program's costs or
benefits, comments will be most useful if there are data and experience
under the program available to ascertain the program's actual impact.

C. List of Questions for Commenters

    The below non-exhaustive list of questions is meant to assist
members of the public in the formulation of comments and is not
intended to restrict the issues that commenters may address. FEMA has
divided the list into a series of general questions which may be
answered as applicable to any of FEMA's programs and specific questions
that solicit more targeted feedback:
General Questions
    (1) Are there FEMA programs, regulations, and/or policies that
perpetuate systemic barriers to opportunities and benefits for people
of color and/or other underserved groups as defined in Executive Order
13985 and, if so, what are they? How can those

programs, regulations, and/or policies be modified, expanded,
streamlined, or repealed to deliver resources and benefits more
equitably?
    (2) Are there FEMA programs, regulations, and/or policies that do
not bolster resilience to impacts of climate change, particularly for
those disproportionately impacted by climate change, and, if so, what
are they? How can those programs, regulations, and/or policies be
modified, expanded, streamlined, or repealed to bolster resilience to
the impacts of climate change?
    (3) Are there FEMA programs, regulations, and/or policies that do
not promote environmental justice? How can those programs, regulations,
and/or policies be modified, expanded, streamlined, or repealed to
promote environmental justice?
    (4) Are there FEMA programs, regulations, and/or policies that are
unnecessarily complicated or could be streamlined to achieve the
objectives of equity for all (including people of color and others who
have been historically underserved, marginalized, and adversely
affected by persistent poverty and inequality), bolstering resilience
to climate change, or addressing the disproportionately high and
adverse climate-related impacts on disadvantaged communities in more
efficient ways? If so, what are they and how can they be made less
complicated and/or streamlined?
    (5) Are there any FEMA regulations and/or policies that create
duplication, overlap, complexity, or inconsistent requirements within
FEMA programs, other DHS components, or any other Federal Government
agency that impact equity, resilience to the effects of climate change,
and/or environmental justice? If so, what are they and how can they be
improved or updated to meet the required objectives of equity,
resiliency, and environmental justice?
    (6) Does FEMA currently collect information, use forms, or require
documentation that impede access to FEMA programs and/or are not
effective to achieve statutory, regulatory, and/or program objectives?
If so, what are they and how can FEMA revise them to reduce burden,
save time or costs, increase simplification and navigability, reduce
confusion or frustration, and increase equity in access to FEMA
programs and achieving statutory and/or regulatory objectives?
    (7) Are there FEMA regulations and/or policies that have been
overtaken by technological developments? Can FEMA leverage new
technologies to modify, streamline, or do away with existing regulatory
and/or policy requirements? If so, what are they and how can FEMA use
new technologies to achieve its statutory and regulatory objectives in
light of the Executive orders cited?
    (8) Are there any FEMA regulations and/or policies that are
duplicative, overlapping, or contain inconsistent requirements
generally? Are there areas where FEMA's regulations create duplicative,
overlapping, or difficult to navigate situations for individuals also
navigating regulatory requirements of another Federal Government
agency?
    (9) Are there existing sources of data that FEMA can use to
evaluate the post-promulgation effects of regulations over time? Or,
are there sources of data that FEMA can use to evaluate the effects of
FEMA policies or regulations on equity for all, including individuals
who belong to underserved communities?
    (10) What successful approaches to advance equity and climate
resilience have been taken by State, local, Tribal, and territorial
governments, and in what ways do FEMA's programs present barriers or
opportunities to successful implementation of these approaches?
    (11) Are there FEMA regulations, programs, or processes that create
barriers to mitigation, response, recovery, or resilience for a
specific industry or sector of the economy, geographic location within
the United States, or government type (e.g. a specific tribal or
territorial government or a specific local government)?
    In addition to these general questions, FEMA seeks specific input
on the programs described above.
Specific Questions
    (1) Individual Assistance: Are there regulations and/or policies
that act as a barrier to people of color and others who have been
historically underserved, marginalized, and adversely affected by
persistent poverty, inequality, and climate change?
    (2) Public Assistance: Are there measures FEMA could take to more
effectively bolster or incentivize resilience to the impacts of climate
change?
    (3) National Flood Insurance Program: Are there regulations and/or
policies that disincentivize purchasing flood insurance, particularly
by lower-income communities, communities of color, and Tribal
communities? Are there measures FEMA could take to increase nationwide
the number of flood-insured homes in the general population and
particularly in lower-income communities, communities of color, and
Tribal communities?
    (4) Hazard Mitigation Programs: Are there measures FEMA could take
to prioritize funding to mitigate the disproportionate impact climate
change has on the most vulnerable in society, particularly lower-income
communities, communities of color, and Tribal communities?
    (5) Preparedness Grant Programs: Are there measures FEMA could take
to improve our Preparedness Grant Programs to ensure the funding
provided to our State and local partners and other stakeholders
addresses the domestic terrorism threats currently faced, particularly
when those threats impact or target groups that have been historically
underserved or subjected to discrimination? What should FEMA address
beyond the types of activities these grants support the priority areas
on which we ask our State, local, and Tribal partners and other
stakeholders to should focus; and the risk methodologies to use in
determining how to allocate funding?
    FEMA notes that this notice is issued solely for information and
program-planning purposes. Responses to this notice do not bind FEMA to
any further actions related to the response.

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-08444 Filed 4-21-21; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register: September 15, 2009 (Volume 74, Number 177)]
[Notices]
[Page 47257]
[DOCID:fr15se09-90]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0406]

Agency Emergency Processing Under the Office of Management and
Budget Review; Tobacco Product Establishment Registration and
Submission of Certain Health Information; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of September 1, 2009 (74 FR
45219). The document announced the proposed collection of information
concerning the submission of tobacco product establishment registration
and submission of certain health information, including ingredient
listing and health related documents, as required by the Family Smoking
Prevention and Tobacco Control Act. The document was published with an
incorrect date for submitting written or electronic comments on the
proposed collection. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-250), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In FR Doc. E9-21099, appearing on page
45219, in the Federal Register of Tuesday, September 1, 2009, the
following correction is made:
    On page 45219, in the second column, in the ``DATES'' section,
beginning in the second line, ``September 16, 2009'' is corrected to
read ``October 1, 2009''.

    Dated: September 8, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-22120 Filed 9-14-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 11049-11050]
[FR Doc No: 2021-03698]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2010-0203; FMCSA-2015-0323; FMCSA-
2016-0007; FMCSA-2016-0008; FMCSA-2018-0051; FMCSA-2018-0052; FMCSA-
2018-0056]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2006-25854, FMCSA-2010-0203, FMCSA-
2015-0323, FMCSA-2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-
2018-0052, or FMCSA-2018-0056, in the keyword box, and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting Dockets Operations in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Dockets Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    On January 6, 2021, FMCSA published a notice announcing its
decision to renew exemptions for 10 individuals from the epilepsy and
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV
in interstate commerce and requested comments from the public (86 FR
701). The public comment period ended on February 5, 2021, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the 10 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below.
    As of January 1, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following eight individuals have satisfied the
renewal conditions for obtaining an exemption from the epilepsy and
seizure disorders prohibition in the FMCSRs for interstate CMV drivers
(86 FR 701):

Scott D. Engelman (PA)
Scott I. Habeck (SD)
Todd W. Hines (OH)
Jordan M. Hyster (OH)
Everett J. Letourneau (ND)
Scott A. Ready, Sr. (WI)
Douglas J. Simms, Jr. (NC)
Ronald E. Wagner (OH)

    The drivers were included in docket number FMCSA-2015-0323, FMCSA-
2016-0007, FMCSA-2016-0008, FMCSA-2018-0051, FMCSA-2018-0052, and
FMCSA-2018-0056. Their exemptions were applicable as of January 1,
2021, and will expire on January 1, 2023.

    As of January 15, 2021, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Brian Porter (PA); and Michael W. Thomas (KS)

    The drivers were included in docket number FMCSA-2006-25854 and
FMCSA-2010-0203. Their exemptions were applicable as of January 15,
2021, and will expire on January 15, 2023.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-03698 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-EX-P


Site Visit Report

	Possum Point Power Station

	19000 Possum Point Road

	Dumfries, VA 22026

March 10, 2009

Background and Objectives

The Environmental Protection Agency (EPA) is in the process of
developing 316(b) cooling water intake structure requirements that
reflect the best technology available (BTA) for minimizing adverse
environmental impact for all existing power plants and manufacturing
facilities. As part of this process, EPA staff is visiting electric
generators and manufacturers to better understand the cooling water
intake structure (CWIS) technologies in use at facilities, including the
site-specific characteristics of each facility and how these affect the
selection and performance of CWIS technologies.  EPA is also visiting
facilities to better understand cooling water use and specific issues or
technologies that can affect 316(b) compliance.  Possum Point Power
Station was selected for a site visit due to its proximity to EPA
Headquarters, its use of combined cycle, and its use of partial
closed-cycle cooling.

Facility Description

Possum Point is located on a 640 acre site in Dumfries, Virginia.  Most
of the developed area of the site is on a peninsula at the confluence of
the Potomac River (a tidal river) and Quantico Creek.  The facility
began operations in 1948 and employs roughly 110 people.

Possum Point is owned and operated by Dominion Virginia Power
(Dominion).  The facility’s NPDES permit (VA0002071) is due to expire
May 31, 2009.

Electricity Generation and Transmission

Possum Point consists of four active generating units with a total
generating capacity of 1740 MW (gross summer capacity).  Units 3 and 4
(100 MW and 225 MW, respectively) are 1950s-era units that were
converted from coal to natural gas in 2003.  Unit 5 (840 MW) was added
in 1972 and uses #6 fuel oil.  Unit 6 (575 MW) was built in 2003 and is
a combined cycle gas combustion turbine with a heat recovery steam
generator (HRSG).  Six small oil-fired (#2) combustion turbines provide
additional peak generating capacity at 72 MW (gross summer capacity).

Units 3, 4 and 5 operate as peaking units, with a capacity utilization
rate (CUR) of 15-20%.  Unit 6 is approaching becoming a baseload unit,
with a CUR of 75-80%; in the past, it typically cycled off at night, but
has been running continuously in recent months.  Facility
representatives also noted that Possum Point is an important part of
grid reliability and voltage support in the area.

Natural gas (mostly from the Cove Point liquefied natural gas [LNG]
facility in Maryland) is provided via new 14-mile pipeline constructed
to supply the new Unit 6.  There is no natural gas storage onsite.  Fuel
oil arrives via boat at an onsite dock and is stored in tanks.

The transmission system is owned by Dominion but is operated by a
different business unit.

Cooling Water System and Intake Structure

Possum Point has two CWISs on the Potomac River; one for Units 3 and 4
and a second for Unit 6.  Units 3 and 4 employ once-through cooling and
have a design intake flow (DIF) of 224 million gallons per day (mgd) and
an actual intake flow (AIF) of 207 mgd.  Units 5 and 6 were each
constructed with mechanical draft cooling towers.  Unit 5 withdraws
makeup water from the discharge for Unit 3 and has an AIF of 12-28 mgd.
Unit 6 withdraws makeup water from the former CWIS for Units 1 and 2,
with an AIF of 6-14 mgd; raw water is sent through a treatment process
before being fed to the tower.

Each CWIS is a shoreline intake structure with a bar rack and standard
(i.e., 3/8” coarse mesh) traveling screens, as well as a floating boom
to divert debris.  A debris trough returns debris and impinged organisms
to the river just downstream of the screens.  The CWIS serving Unit 6
has two 8-foot traveling screens and one dual flow traveling screen.
The CWIS for Units 3 and 4 has two 10-foot screens.  Both CWISs have two
circulating pumps per unit (one operating and one backup), for a total
of 8 pumps.  The traveling screens are rotated automatically on a timer
or based on a head differential across the screen.  The design
through-screen velocity at each CWIS is 1.3 feet per second (fps).

Facility representatives noted that they will be replacing the traveling
screen on the former Unit 2 soon.  Screen maintenance is performed on an
as-needed basis, with maintenance typically occurring every few years.
Inspections by divers are conducted approximately every two years.

Possum Point is capable of recirculating hot water to its CWISs to
address icing, but has not needed to do so in several years.  The CWIS
also has an air aspiration device that can create turbulence at the
CWIS; in recent years, continuously operating the aspirator has been
sufficient to control icing.

Impingement and Entrainment Information

The Potomac River is approximately 1.5 miles wide at the facility and up
to 60 feet deep.  The river is tidal, but has fairly small changes in
depth.  As a result of the brackish waters, a mix of marine and
freshwater species are present.  The facility is also home to many rare
birds that reside in the tidal marshes and surrounding areas.

Possum Point collected impingement samples in 1976 and again in
2005/2006.  In order to facilitate comparison of the data, Possum Point
used the same procedure and methodology during both sampling periods.
During the sampling periods, Possum Point conducted impingement sampling
two times a month for a year for a total of 24 sampling events.  During
each 24-hour sampling event, the facility ran the screens continuously
and collected impingement samples from each screen wash for 10 minutes
each hour.  The facility did not conduct entrainment sampling during the
2005/2006 study.

The table below shows results from the two impingement studies.  The
facility collected 18 common species during the two sampling periods.
In both studies, more fish were collected at night.  The total fish
counts are raw numbers; they do not reflect an annual estimate of
impinged organisms.

	Sampling Period

	1976	2005/2006

Number of species collected	24	24 + 2 shellfish1

Primary species	White perch

Gizzard shad

	White perch

Bluegill

Pumpkinseed

Total number of fish collected	4550	703

1 The facility did not sample for shellfish during the 1977 sampling
period.

During the 2005/2006 sampling period, Possum Point also conducted
ambient studies, in which the facility collected 925 fish from 13
species.

Cooling Tower Feasibility

The two largest units at Possum Point already employ closed-cycle
cooling (see Section 4.0).  Facility representatives stated that there
are no plans to study retrofitting the remaining units to closed-cycle
cooling.  They added that, due to the facility’s location on the
peninsula, available space is virtually non-existent.  Space may be
available further inland, but would require an expansion of the
facility’s fenced perimeter.

Debris Handling

Possum Point does not have significant problems with debris loading.
Facility representatives did note that there are occasional problems
with hydrilla or logs, but these events do not significantly affect
operations.

Repowering/Future Uses

Possum Point has no current plans for re-powering or upgrades.

Cooling Ponds

There are no cooling ponds on site.

Ownership

Possum Point is owned by Virginia Electric and Power Company d/b/a
Dominion Virginia Power, a subsidiary of Dominion Resources, Inc., an
investor-owned company.

316(a)

Possum Point has a BTU heat rejection limit with no 316 (a) variance.

Ash Handling

Possum Point no longer burns coal, but still maintains two ash ponds
onsite.  Pond D (or Delta) was constructed in the 1980s and is clay
lined.  Pond E (Echo) is an unlined pond that was built in the 1960s.
Pond E was the primary pond for handling wet fly and bottom ash that was
sluiced from the facility.  Pond E would overflow into another pond
(referred to as the beaver pond) and eventually into Quantico Creek.
Ash was hydraulically dredged into Pond D for long-term storage, which
had a projected lifespan of approximately 25 years when Possum Point
converted to natural gas.  Discharges from Pond D, although very rare,
were controlled and flowed into Pond E.

Both ash ponds are regulated by the Virginia Department of Environmental
Quality (DEQ) and are subject to licensing (five year terms) and annual
state inspections.  Dominion also conducts quarterly inspections.

Air Emissions Controls

Possum Point no longer burns coal and has no air emissions control
equipment.

Additional Information

With regard to the 2004 316(b) Phase II rule, Possum Point completed its
biological studies including impingement.  The facility did not complete
technology feasibility evaluations nor did they come to conclusions as
to how they would have complied with the 2004 rule.  However, facility
representatives indicated they would have considered pursuing reduction
credits that were achieved by improving generating efficiency and
cooling water intake flows.  They thought it was imperative that the new
rule offer multiple compliance options to allow each facility to
accommodate site specific issues.  Specifically, Dominion Power
representatives would like to see rule options that consider waterbody
type, as man-made reservoirs likely do not merit entrainment protection.

The former coal pile was located at the southern end of the peninsula;
coal handling equipment remains intact to preserve the facility’s
ability to switch fuels again if necessary.  Remaining coal left after
the fuel conversion was stored in the ash ponds.  This coal is now being
re-processed for use at the Chesterfield Power Station.

Attachments

Attachment A		List of Attendees

Attachment B		Aerial Photos

Attachment C	Aerial View of Possum Point Power Station

Attachment D	Possum Point Station Water Flow Diagram

Attachment A--List of Attendees

Paul Shriner, EPA

Jan Matuszko, EPA

Josh Hall, EPA

Erik Helm, EPA

Julie Hewitt, EPA

Richard Witt, EPA OGC

Shari Goodwin, Tetra Tech

Kelly Meadows, Tetra Tech

Peter Sherman, Tetra Tech

Christine Wong, Tetra Tech

John Sunda, SAIC

Bill Bolin, Dominion

Cathy Taylor, Dominion

Bill Clancy, Dominion

Jeff Marcell, Dominion

Attachment B--Aerial Photos

Attachment C—Aerial View of Possum Point Power Station

Please see the attached materials.

Attachment D--Possum Point Station Water Flow Diagram

Please see the attached materials.

 Prior to a recent court ruling, Maryland also claimed jurisdiction to
regulate discharges to the Potomac River and NPDES permits were jointly
issued.  The ruling gave sole authority to the state of Virginia; going
forward, Possum Point’s permit will be issued by only Virginia.

 Units 1 and 2 are retired in place.

 Unit 6 also has the capability to use #2 fuel oil, but rarely uses it;
since startup, Unit 6 has used oil for only approximately 250 hours,
including startup and testing activities.

 Unit 5 and 6 cooling towers employ drift eliminators, but do not use
plume or noise abatement.  Unit 5 has two- eleven (11) cell cooling
towers of an older less efficient splash bar tower fill design.  The
tower fill was replaced in with Marley’s Optibar (more efficient
design of polypropylene material) and partial replacement of broken or
missing drift eliminators.  The Unit 5 towers operate at 2 or less
cycles of concentration when Unit 5 is generating power and do not
currently employ chemical treatment.  Biocides for maintaining condenser
and equipment cooler cleanliness may need to be added in the future.
Unit 6 has one-ten (10) cell cooling tower of a modern design that uses
high efficiency honeycomb type fill.  The fill is more prone to fouling
or plugging so cleaner makeup water is provided and chemical treatment
is employed consisting of an acid sulfuric acid for scale control and a
biocide sodium hypochlorite (bleach) for organics control.  The Unit 6
tower operates at 4 or less cycles of concentration.

 The circulating pumps for Unit 5 operate continuously, even if the unit
is not generating; during these periods, circulating water is not pumped
to the top of the towers and is bypassed directly to the basin and
returned to the condenser.

 The treatment process is clarification for suspended solid removal.
The Unit 6 intake also supplies high purity demineralized water for
boiler makeup at the facility through further processing by sand
filtration, carbon filtration, reverse osmosis, and electrodeionization
(EDI).  As such, not all of the water withdrawn is for cooling purposes.

 In the 2005/2006 study, the study plan assumed that the facility would
not meet the 15% CUR threshold and would therefore not be subject to
entrainment requirements.

 Pond E also receives other discharges, such as boiler blowdown and
industrial wastewater.

 Unit 6 is a combined cycle generating unit—it is more efficient that
other generating units.  Up to 2/3 less cooling water is used since
approximately 2/3 of the power generated is from the combustion turbines
which provide waste heat to generate steam in the HRSGs and do not
require the same cooling water quantity as a steam turbine.

 PAGE

 PAGE   9


[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Notices]
[Page 51322-51324]
[DOCID:fr19au10-92]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62707; File No. SR-NYSEAmex-2010-79]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE AMEX LLC Amending Rule
980-Exercise of Options Contracts

August 12, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 3, 2010, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 980-Exercise of Options
Contracts. The text of the proposed rule change is attached as Exhibit
5 to the 19b-4 form. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office, at the Commission's Public Reference Room, and on the
Commission's Web site at http://www.sec.gov.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Rule 980 in
order to extend the cut-off time to submit Contrary Exercise Advices
(``CEA'') \4\ to the Exchange.
---------------------------------------------------------------------------

    \4\ Contrary Exercise Advices are also known as Expiring
Exercise Declarations (``EED'').
---------------------------------------------------------------------------

    The Options Clearing Corporation (``OCC'') has an established
procedure, under OCC Rule 805, that provides for the automatic exercise
of certain options that are in-the-money by a specified amount known as
``Exercise-by-Exception'' or ``Ex-by-Ex.'' Under the Ex-by-Ex process,
options holders holding option contracts that are in-the-money by a
requisite amount and who wish to have their contracts automatically
exercised need take no further action. However, under OCC Rule 805,
option holders who do not want their options automatically exercised or
who want their options to be exercised under different parameters than
that of the Ex-by-Ex procedures must instruct OCC of their ``contrary
intention.''
    In addition to and separately from the OCC requirement, under NYSE
Amex Rule 980 option holders must file a CEA with the Exchange
notifying it of the contrary intention. Rule 980 is designed, in part,
to deter individuals from taking improper advantage of late breaking
news by requiring evidence of an option holder's timely decision to
exercise or not exercise expiring equity options. ATP Holders \5\
satisfy this evidentiary requirement by submitting a CEA form directly
to the Exchange, or by electronically submitting the CEA to the
Exchange through OCC's electronic communications system. The submission
of the CEA allows the Exchange to satisfy its regulatory obligation to
verify that the decision to

make a contrary exercise was made timely and in accordance with Rule
980.
---------------------------------------------------------------------------

    \5\ The term ATP refers to an Amex Trading Permit issued by the
Exchange for effecting securities transactions on the Exchange. ATP
Holders have the status of ``member'' of the Exchange as that term
is defined in Section 3 of the Securities Exchange Act of 1934, as
amended.
---------------------------------------------------------------------------

    Under Rule 980, option holders have until 5:30 p.m. on the last
business day before their expiration to make a final decision to
exercise or not exercise an expiring option that would otherwise either
expire or be automatically exercised. ATP Holders may not accept CEA
instructions from their customer or non customer accounts after 5:30
p.m. However, the current rule gives ATP Holders additional time to
submit the CEA instructions if they use an electronic submission
process.\6\ Specifically, an ATP Holder may currently submit CEA
instructions until 6:30 p.m. for electronic submission.
---------------------------------------------------------------------------

    \6\ If an ATP Holder does not employ an electronic submission
procedure, they are required to submit CEAs for non-customer
accounts by the 5:30 p.m. deadline. This deadline for manual
submission is required in order to prevent firms from improperly
extending the 5:30 p.m. deadline to exercise or not exercise an
option. This requirement is based on the difficulty in monitoring a
manual procedure that has different times for deciding whether or
not to exercise the option and for the submission of the CEA.
---------------------------------------------------------------------------

    This current process allowing ATP Holders an additional one hour
after the decision making cut off time of 5:30 p.m. to submit a CEA to
the various options exchanges was approved by the Commission in
2003.\7\ In 2003, the Ex-by-Ex thresholds were $0.75 for customers and
$0.25 for broker-dealer accounts. In 2009, the Ex-by-Ex threshold is
$0.01 for all accounts. This decrease in the Ex-by-Ex threshold,
coupled with the dramatic increase in option trading volume from 2003
to 2009, has led to a larger number of CEA instructions and has
increased the burden on firms to process and submit instructions
timely.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 47885 (May 16,
2003), 68 FR 28309 (May 23, 2003) (SR-Amex-2001-92); 48505
(September 17, 2003), 68 FR 55680 (September 26, 2003) (SR-ISE-2003-
20); 48640 (October 16, 2003), 68 FR 60757 (October 23, 2003) (SR-
PCX-2003-47); and 48639 (October 16, 2003), 68 FR 60764 (October 23,
2003) (SR- Phlx-2003-65).
---------------------------------------------------------------------------

    The Exchange proposes to extend the current 6:30 p.m. deadline for
submitting CEA instructions to the Exchange by one additional hour, to
7:30 p.m. The Exchange believes that this proposed rule change is
necessary to address concerns that, given the decrease in the Ex-by-Ex
threshold and the increase in trading, the existing deadline for
submitting CEAs to the Exchange is problematic for timely back-office
processing. The proposed additional one hour will address this concern
by further enabling firms to more timely manage, process, and submit
the instructions to the Exchange. The Exchange also proposes to modify
the language in subsection (g) of the current rule, which allows ATP
Holders up to 2 hours and 30 minutes to submit a CEA to the Exchange in
the event of a modified close of trading on the day of expiration, by
removing the two hour and thirty minute restriction and allowing for
submission of a CEA to the Exchange in the event of a modified close of
trading of up to the proposed 7:30 p.m. deadline. This will make
consistent the submission deadline for both regular and modified close
expiration days. Moreover, this will provide uniformity with submission
deadlines for both regular and modified close expiration days which
will remove any possibility for error when determining what the
submission deadline is on any modified close expiration day.
    In addition, the Exchange proposes to revise Commentary .04(i) to
reflect that members and member firms, who electronically submit
Contrary Exercise Advice decisions on behalf of non-customer option
holders, will now have until 7:30 p.m. ET to submit such decisions to
the Exchange.
    This proposal does not change the substantive requirement that
option holders make a final decision by 5:30 p.m. The options exchanges
currently enforce the 5:30 p.m. requirement while giving members
additional time to process and submit the CEA instructions. This
proposal seeks to increase that additional submission time by one hour,
and the Exchange believes that this proposal will be beneficial to the
marketplace, particularly as it concerns back-office processing. The
initiative to address ATP Holder concerns is industry-wide. The
International Securities Exchange recently adopted a rule change which
extended by a one hour the submission time for CEAs.\8\ The Exchange
anticipates that other options exchanges will also propose similar rule
changes. This additional processing time and Exchange submission
deadline will not conflict with OCC submission rules or cause any OCC
processing issues. If the operative date of this proposed rule change
is more than five business days prior to the date of the next options
expiration Friday, i.e. the third Friday of the month. (``Expiration
Friday''),\9\ the Exchange will implement the rule change so as to be
effective for that Expiration Friday. If the operative date of this
proposed rule change is 5 business days, or less, prior to the date of
the next Expiration Friday, the Exchange will implement the rule change
so as to be effective for the following Expiration Friday. NYSE Amex
will notify OTP Holders of the implementation date of the rule change
via a Regulatory Bulletin.
---------------------------------------------------------------------------

    \8\ See Securities and Exchange Act Release No. 61710 (March 15,
2010), 75 FR 13636 (March 22, 2010) Approval order for SR-ISE-2010-
02.
    \9\ For example, Expiration Friday for August 2010 options will
be August 20, 2010, Expiration Friday for September 2010 options
will be September 17, 2010.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\10\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\11\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. This proposed
rule change will foster coordination with back office personnel engaged
in processing information and is consistent with the facilitating of
transactions in securities as set forth in Section 6(b)(5) in that it,
by providing ATP Holders an additional hour within which to complete
the necessary processing of CEAs, will thereby decrease the burden of
processing an increasing number of contrary exercise advices and enable
ATP Holders to more easily manage and process these instructions.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

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

    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 \12\ and
Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 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 Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMEX-2010-79 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMEX-2010-79. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
NYSEAMEX-2010-79 and should be submitted on or before September 9,
2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20550 Filed 8-18-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20223-20224]
[FR Doc No: 2015-08661]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2015-0219, FRL-9926-35-OSWER]

Agency Information Collection Activities; Proposed Collection;
Comment Request; NESHAP for Hazardous Waste Combustors; Renewal

AGENCY: Environmental Protection Agency, EPA.

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Hazardous Waste
Combustors (40 CFR part 63, subpart EEE) (Renewal) (EPA ICR No.
1773.11, OMB Control No. 2050-0171) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the EPA
is soliciting public comments on specific aspects of the proposed
information collection as described below. This is a proposed extension
of the ICR, which is currently approved through July 31, 2015. 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.

DATES: Comments must be submitted on or before June 15, 2015.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
RCRA-2015-0171, online using www.regulations.gov (our preferred
method), by email to<EMAIL_ADDRESS>or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: John Sager, Office of Resource
Conservation and Recovery (mail code 5304P), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information the EPA will be collecting are available in the public
docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the General Provisions specified at 40 CFR part 63,
subpart EEE. Hazardous waste combustors include: hazardous waste
incinerators, hazardous waste cement kilns, hazardous waste lightweight
aggregate kilns, hazardous waste solid fuel boilers, hazardous waste
liquid fuel boilers, and hazardous waste hydrochloric acid production
furnaces. Owners or operators of the affected facilities must submit a
one-time-only report of any physical or operational changes,
notification of exceedances, notification of performance test and
continuous monitoring system evaluation, notification of intent to
comply, notification of compliance, notification if the owner or
operator elects to comply with alternative requirements, initial
performance tests, and periodic reports and results.
    Form Numbers: None.
    Respondents/affected entities: Business or other for-profit as well
as State, Local, or Tribal governments.
    Respondent's obligation to respond: mandatory (40 CFR part 63,
subpart EEE).
    Estimated number of respondents: 192.
    Frequency of response: Occasionally.
    Total estimated burden: 142,447 Hours. Burden is defined at 5 CFR
1320.03(b).
    Total estimated cost: $4,392,804, which includes $340,955
annualized labor costs and $4,051,849 annualized capital or O&M costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: April 8, 2015.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2015-08661 Filed 4-14-15; 8:45 am]
 BILLING CODE 6560-50-P