[Federal Register: September 21, 2006 (Volume 71, Number 183)]
[Notices]
[Page 55180-55181]
[DOCID:fr21se06-37]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2004-0205; FRL-8096-3]

Globally Harmonized System of Classification and Labelling of
Chemicals (GHS); Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The goals of this meeting are to discuss and clarify the scope
and potential application of the Globally Harmonized System of
Classification and Labelling of Chemicals (GHS) to pesticide products
that are registered under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA); to examine key issues raised in public
comments on the Office of Pesticide Programs' (OPP's) GHS White Paper;
to gain a better understanding of stakeholder concerns and explore ways
to address them; and to assess potential paths forward to maximize
benefits and minimize the costs. This notice announces the location and
times for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on October 18, 2006 from 9 a.m. to 5
p.m. and 8:30 a.m. to 12:30 p.m. on October 19, 2006.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held in 4th-floor conference room
4830 at Two Potomac Yard (north building), 2733 S. Crystal
Drive, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Janelle Christian, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. It may be of
particular interest to those who register pesticide products in the
United States and those involved in chemical hazard safety and
communication, occupational safety and health, pesticide safety
education, and aquatic hazards communication. Potentially affected
commercial entities may include, but are not limited to:
     Pesticide producers (NAICS 32532).
     Producers of antimicrobial pesticides (NAICS 32561).
     Producers of antifoulant pesticides (NAICS 32551).
     Producers of wood preservatives (NAICS 32519).

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2004-0205. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One

Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Tentative Agenda

    Tentatively, the following items are on the agenda:
    1. Overview of GHS.
    2. NAFTA Perspectives.
    3. Goals of Harmonization: EPA and Stakeholder Perspectives.
    4. Building Block and Sample Label Presentation.
    5. Key Issues and Concerns Raised in Comments.
    6. Options for Implementation Mechanisms.
    7. Key State Issues.
    8. Education, Training and Outreach.

III. How Can I Request to Participate in this Meeting?

    You may submit a request to participate in this meeting to the
person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any
information in your request that is considered CBI. Requests to
participate in the meeting, identified by docket ID number EPA-HQ-OPP-
2004-0205, must be received on or before October 5, 2006.

List of Subjects

    Environmental protection, global harmonization, labeling,
occupational safety and health, pesticides and pests, reporting and
recordkeeping requirements.

    Dated: September 18, 2006.
Jay S. Ellenberger,
Acting Director, Field External Affairs Division, Office of Pesticide
Programs.

[FR Doc. 06-8057 Filed 9-20-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: August 7, 2006 (Volume 71, Number 151)]
[Notices]
[Page 44729-44734]
[DOCID:fr07au06-110]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54250; File No. SR-CBOE-2005-93]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Order Granting Accelerated Approval
to a Proposed Rule Change and Amendment No. 1 Thereto To Establish a
Quote Risk Monitor Mechanism and To Define Continuous Quoting

 July 31, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 3, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') 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.
On May 16, 2006, the Exchange filed Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons. In addition, the Commission is granting accelerated approval
of the proposed rule change, as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1, which replaced and superseded the original
filing in its entirety, modified the proposed rule change to: (1)
clarify the nature of a CBOE Market-Maker's obligation to quote
``continuously'' in order to incorporate a ``99% standard''
applicable to electronic quotes; and (2) provide that Hybrid Market-
Makers are not required to use the QRM Mechanism.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CBOE proposes to adopt CBOE Rule 1.1(ccc) to define the nature of
CBOE Market-Makers' continuous electronic quoting obligations under the
Exchange rules. CBOE also proposes to adopt CBOE Rule 8.18 to codify a
description of the Quote Risk Monitor (``QRM'') Mechanism, which is a
certain functionality the Exchange offers CBOE Market-Makers who have
continuous electronic quoting obligations under Exchange rules for the
Hybrid Trading System and Hybrid 2.0 Platform (``Hybrid'') to help them
manage their quotations. The text of the proposed rule change, as
amended, is below. Proposed new language is in italics; proposed
deletions are in [brackets].
Rule 1.1. Definitions
    When used in these Rules, unless the context otherwise requires:
(a)-(bbb) No change.

Continuous Electronic Quotes

    (ccc) With respect to a Market-Maker who is obligated to provide
continuous electronic quotes on the Hybrid Trading System or Hybrid 2.0
Platform (``Hybrid Market Maker''), the Hybrid Market-Maker shall be
deemed to have provided ``continuous electronic quotes'' if the Hybrid
Market-Maker provides electronic two-sided quotes for 99% of the time
that the Hybrid Market-Maker is required to provide electronic quotes
in an appointed option class on a given trading day. If a technical
failure or limitation of a system of the Exchange prevents the Hybrid
Market-Maker from maintaining, or prevents the Hybrid Market-Maker from
communicating to the Exchange, timely and accurate electronic quotes in
a class, the duration of such failure shall not be considered in
determining whether the Hybrid Market-Maker has satisfied the 99%
quoting standard with respect to that option class. The Exchange may
consider other exceptions to this continuous electronic quote
obligation based on demonstrated legal or regulatory requirements or
other mitigating circumstances.
* * * * *
Rule 8.7--Obligations of Market-Makers
    (a)-(c) No change.
    (d) Market Making Obligations in Applicable Hybrid Classes
    The following obligations in this paragraph (d) are only applicable
to Market-Makers trading classes on the CBOE Hybrid System and only in
those Hybrid classes. As such, this paragraph has no applicability to
non-Hybrid classes. This paragraph is not applicable to Remote Market-
Makers, who instead will be subject to the obligations imposed by Rule
8.7(e). Unless otherwise provided in this Rule, Market-Makers trading
classes on the Hybrid System remain subject to all obligations imposed
by CBOE Rule 8.7. To the extent another obligation contained elsewhere
in Rule 8.7 is inconsistent with an obligation contained in paragraph
(d) of Rule 8.7 with respect to a class trading on Hybrid, this
paragraph (d) shall govern trading in the Hybrid class.
    These requirements are applicable on a per class basis depending
upon the percentage of volume a Market-Maker transacts electronically
versus in open outcry. With respect to making this determination, the
Exchange will

monitor Market-Makers' trading activity every calendar quarter to
determine whether they exceed the thresholds established in [this]
paragraph (d)(i). If a Market-Maker exceeds the threshold established
below, the obligations contained in (d)(ii) will be effective the next
calendar quarter.
    For a period of ninety (90) days commencing immediately after a
class begins trading on the Hybrid system, the provisions of paragraph
(d)(i) shall govern trading in that class.
    (i) Market-Maker Trades [Less Than] 20% or Less Contract Volume
Electronically:
    If a Market-Maker on the CBOE Hybrid System never transacts more
than 20% (i.e., he trades 20% or less) of his contract volume
electronically in an appointed Hybrid class during any calendar
quarter, the following provisions shall apply to that Market-Maker with
respect to that class:
    (A) Quote Widths: With respect to electronic quoting, the Market-
Maker will not be required to comply with the quote width requirements
of CBOE Rule 8.7(b)(iv) in that class. The effectiveness of this
subparagraph (i)(A) shall be in effect in each Hybrid for a period of
one year commencing with the date the class begins trading on the
Hybrid System.
    (B) Continuous Electronic Quoting Obligation: The Market-Maker will
not be obligated to quote electronically in any designated percentage
of series within that class. If a Market-Maker quotes electronically,
its undecremented quote must be for at least ten contracts (``10-up''),
unless the underlying primary market disseminates a 100-share quote, in
which case the Market-Maker's undecremented quote may be for as low as
1-contract (``1-up''). The ability to quote 1-up when the underlying
primary quotes 100 shares is expressly conditioned on the process being
automated (i.e., a Market-Maker may not manually adjust his quotes to
reflect 1-up sizes). Quotes must automatically return to at least 10-up
when the underlying primary market no longer disseminates a 100-share
quote. Market-Makers that have not automated this process may not avail
themselves of the relief provided herein. The ability to quote 1-up
shall operate on a pilot basis and shall terminate February 17, 2006.
    (C) Continuous Open Outcry Quoting Obligation: In response to any
request for quote by a [floor broker or DPM representing an order as
agent] member or PAR Official, Market-Makers must provide a two-sided
market complying with the quote width requirements contained in Rule
8.7(b)(iv) for a minimum of ten contracts for non-broker-dealer orders
and one contract for broker-dealer orders.
    (D) In-Person Quoting Requirement: Any volume transacted
electronically will not count towards the Market-Maker's in-person
requirement contained in Rule 8.7.03(B).
    (ii) Market-Maker Trades More Than 20% Contract Volume
Electronically:
    If a Market-Maker on the CBOE Hybrid System transacts more than 20%
of his contract volume electronically in an appointed Hybrid class
during any calendar quarter, commencing the next calendar quarter he
will be subject to the following quoting obligations in that class for
as long as he remains in that class:
    (A) Quote Widths: The Market-Maker must comply with the quote width
requirements contained in Rule 8.7(b)(iv).
    (B) Continuous Electronic Quoting Obligation: A Market-Maker will
be required to maintain continuous electronic [two-sided] quotes (as
defined in Rule 1.1(ccc)) [for at least ten contracts (undecremented
size)] in 60% of the series of his/her appointed class[es]. The initial
size of a Market-Maker's quote must be for at least ten contracts
(undecremented size). If the underlying primary market disseminates a
100-share quote, a Market-Maker's undecremented quote may be for as low
as 1-contract (``1-up''), however, this ability is expressly
conditioned on the process being automated (i.e., a Market-Maker may
not manually adjust his quotes to reflect 1-up sizes). Quotes must
automatically return to at least 10-up when the underlying primary
market no longer disseminates a 100-share quote. Market-Makers that
have not automated this process may not avail themselves of the relief
provided herein. The ability to quote 1-up shall operate on a pilot
basis and shall terminate February 17, 2006.
    (C) Continuous Open Outcry Quoting Obligation: In response to any
request for quote by a [floor broker or DPM representing an order as
agent] member or PAR Official, in-crowd Market-Makers must provide a
two-sided market complying with the current quote width requirements
contained in Rule 8.7(b)(iv) for a minimum of ten contracts for non-
broker-dealer orders and one contract for broker-dealer orders.
    (iii) The obligations and duties of Market-Makers set forth in
paragraphs (d)(i) and (d)(ii) apply to a Market-Maker on a per class
basis and only when the Market-Maker is quoting in a particular class
on a given trading day (e.g., if on a given trading day a Market-Maker
is quoting in 1 of his/her 10 appointed classes, the Market-Maker has
quote width, continuous electronic quoting and, to the extent the
Market-Maker is present in the trading crowd, continuous open outcry
quoting obligations in that class; the continuous electronic quoting
obligation in subparagraph (d)(ii)(B) applies to 60% of the series of
that class while the Market-Maker is quoting). The obligations and
duties are not applicable to an appointed class if a Market-Maker is
not quoting in that appointed class.
    (iv) A Market-Maker that is in the trading crowd but that is not
quoting electronically or in open outcry in an appointed class must
provide an open outcry two-sided market complying with the current
quote width requirements contained in Rule 8.7(b)(iv) for a minimum of
ten contracts for non-broker-dealer orders and one contract for broker-
dealer orders in response to a request for quote by a member or PAR
Official directed at that Market-Maker or when, in response to a
general request for a quote by a member of PAR Official, a market is
not then being vocalized by a reasonable number of Market-Makers. A
Market-Maker may also be called upon by an Exchange official designated
by the Board of Directors to submit a single quote or maintain
continuous quotes in one or more series of a class to which the Market-
Maker is appointed whenever, in the judgment of such official, it is
necessary to do so in the interest of maintaining a fair and orderly
market.
    (e) Obligations of Remote Market-Makers (RMMs): The following
obligations apply only to RMMs:
    (i) An RMM[s] must provide legal-width, continuous [two-sided,
legal-width quotations] electronic quotes (as defined in Rule 1.1(ccc))
in 60% of the series of [their] its appointed class[es]. The initial
size of an RMM's quote must be for at least ten contracts
(undecremented size). [The Exchange may consider exceptions to this
quoting requirement based on demonstrated legal or regulatory
requirements or other mitigating circumstances (e.g., excused leaves of
absence, personal emergencies, or equipment problems).] If the
underlying primary market disseminates a 100-share quote, an RMM's
undecremented quote may be for as low as 1-contract (``1-up''),
however, this ability is expressly conditioned on the process being
automated (i.e., an RMM may not manually adjust its quotes to reflect
1-up sizes). Quotes must automatically return to at least 10-up when
the underlying primary market no longer disseminates a 100-share quote.
RMMs that have not automated this

process may not avail themselves of the relief provided herein. The
ability to quote 1-up shall operate on a pilot basis and shall
terminate February 17, 2006.
    The obligations and duties of an RMM set forth in this paragraph
(e)(i) apply to an RMM on a per class basis and only when the RMM is
logged on to the CBOE Hybrid system and quoting electronically in a
particular class on a given trading day (e.g., if on a given trading
day an RMM is logged in and quoting electronically in 1 of its 10
appointed classes, the RMM has quote width and continuous electronic
quoting obligations in that class; the continuous electronic quoting
obligation applies to 60% of the series of that class while the RMM is
logged on to the CBOE Hybrid system and quoting electronically in that
class). The obligations and duties are not applicable to an appointed
class if an RMM is not logged in and quoting electronically in that
appointed class.
    (ii) An RMM may be called upon by an Exchange official designated
by the Board of Directors to submit a single electronic quote or
maintain continuous electronic quotes in one or more series of a class
to which the RMM is appointed whenever, in the judgment of such
official, it is necessary to do so in the interest of maintaining a
fair and orderly market.
    (iii)-(vi) No change.
    * * * Interpretations and Policies:
    .01-.13 No change.
* * * * *
Rule 8.13. Preferred Market-Maker Program
    (a) No change.
    (b) Eligibility. Any Exchange Market-Maker type (e.g. Remote
Market-Maker, Lead Market-Maker, and Designated Primary Market-Maker)
may be designated as a Preferred Market-Maker, however, a recipient of
a Preferred Market-Maker order will only receive a participation
entitlement for such order if the following provisions are met:
    (i)-(ii) No change.
    (iii) The Preferred Market-Maker must comply with the quoting
obligations applicable to its Market-Maker type under Exchange rules
and must provide continuous [two-sided quotations] electronic quotes
(as defined in Rule 1.1(ccc)) in at least 90% of the series of each
class for which it receives Preferred Market-Maker orders.
    (c) No change.
* * * * *
Rule 8.15A. Lead Market-Makers in Hybrid Classes
    (a) No change.
    (b) LMM Obligations: LMMs are required to:
    (i) provide continuous [market quotations] electronic quotes (as
defined in Rule 1.1(ccc)) that comply with the bid/ask differentials
permitted by Rule 8.7(b) in 90% of the option series within their
assigned classes;
    (ii)-(vi) No change.
* * * * *

Rule 8.18. Quote Risk Monitor Mechanism

    Each Market-Maker who is obligated to provide and maintain
continuous electronic quotes (as defined in Rule 1.1(ccc)) in an option
class traded on the Hybrid Trading System or the Hybrid 2.0 Platform
(``Hybrid Market-Maker'') may establish parameters by which the
Exchange will activate the Quote Risk Monitor (``QRM'') Mechanism.
Hybrid Market-Makers that use the QRM Mechanism shall specify, for each
such option class in which the Hybrid Market-Maker is engaged in
trading, a maximum number of contracts for such option class (the
``Contract Limit'') and a rolling time period in seconds within which
such Contract Limit is to be measured (the ``Measurement Interval'').
When the Exchange determines that the Hybrid Market-Maker has traded
more than the Contract Limit for such option class during any rolling
Measurement Interval, the QRM Mechanism shall cancel all electronic
quotes that are being disseminated with respect to that Hybrid Market-
Maker in that option class until the Hybrid Market-Maker refreshes
those electronic quotes.
* * * * *
Rule 8.85. DPM Obligations
    (a) Dealer Transactions. Each DPM shall fulfill all of the
obligations of a Market-Maker under the Rules, and shall satisfy each
of the following requirements in respect of each of the securities
allocated to the DPM. To the extent that there is any inconsistency
between the specific obligations of a DPM set forth in subparagraphs
(a)(i) through (a)(xi) of this Rule and the general obligations of a
Market-Maker under the Rules, subparagraphs (a)(i) through (a)(xi) of
this Rule shall govern. Each DPM shall:
    (i) provide continuous [market quotations] electronic quotes (as
defined in Rule 1.1(ccc)) for each class and series allocated to it and
assure that its disseminated market quotations are accurate;
    (ii)-(xii) No change.
    (b)-(e) No change.
    * * * Interpretations and Policies:
    .01-.03 No change.
* * * * *
Rule 8.93. e-DPM Obligations
    Each e-DPM shall fulfill all of the obligations of a Market-Maker
and of a DPM under the Rules (except those contained in Rules
8.85(a)(i),(iv),(v) and (vii)-(x), 8.85(b), 8.85(c)(i) and (v), and
8.85(e)), and shall satisfy each of the following requirements:
    (i) provide continuous [two-sided quotations] electronic quotes (as
defined in Rule 1.1(ccc)) in at least 90% of the series of each
allocated class, or alternatively, respond to 98% of Requests for
Quotes (RFQs) if RFQ functionality is enabled as determined by the
Exchange;
    (ii)-(xi) No change.
* * * * *

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 had received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. CBOE has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose

Proposed CBOE Rule 1.1(ccc)

    The purpose of the proposed change to CBOE Rule 1.1 is to define
the nature of a CBOE Market-Maker's obligation to provide
``continuous'' electronic quotes in an option class traded on Hybrid.
This continuous electronic quoting obligation is contained in various
CBOE rules--including CBOE Rules 8.7(d)(ii)(B), 8.7(e), 8.13(b)(iii),
8.14(b)(2), 8.15A(b)(i), 8.85(a)(i), and 8.93(i)--and these rules in
turn prescribe the percentage of the series of an option class with
respect to which specified types of Market-Makers (``Hybrid Market-
Makers'') have an obligation to provide continuous electronic quotes.
    Proposed CBOE Rule 1.1(ccc) will provide that a Hybrid Market-Maker
satisfies the continuous electronic quoting obligation by providing
electronic quotes for 99% of the time that the Hybrid Market-Maker is
obligated to provide electronic quotes in an appointed option class on
a given trading day. Proposed CBOE Rule

1.1(ccc) recognizes that there is always an interval between successive
electronic quotes and that ``continuous'' electronic quoting cannot
literally preclude all gaps in electronic quoting. In addition, gaps in
electronic quoting are expected in certain circumstances. For instance,
a Hybrid Market-Maker requires time to repost electronic quotes either
after the quantity associated with an electronic quote has been
exhausted by trades done at the quoted price or after electronic quotes
have been canceled pursuant to the Quote Risk Monitor covered by
proposed CBOE Rule 8.18.
    In applying the proposed definition, the Exchange notes that the
duration of a Hybrid Market-Maker's continuous electronic quoting
obligation, and the percentage of series to which that obligation
applies, varies depending on the particular type of Market-Maker. For
instance, the Exchange rules impose a continuous electronic quoting
obligation for the time the Exchange is open for trading in 100% of the
series in each of a Designated Primary Market-Maker's (``DPM'')
appointed classes, in 90% of the series in each of an Electronic DPM's
(``e-DPM'') appointed classes, and in 90% of the series in each of a
Lead Market-Maker's (``LMM'') appointed classes. The Exchange thus
believes that these types of Market-Makers should be deemed to have
provided continuous electronic quotes with respect to the applicable
percentage of series in an option class if the respective DPM, e-DPM,
or LMM has provided electronic quotes for 99% of the time that the
Exchange is open for trading in that option class on a given trading
day. The Exchange rules also impose a continuous electronic quoting
obligation in 60% of the series in the respective Market-Maker's or
Remote Market-Maker's (``RMM'') appointed class which applies only
during the time the Market-Maker is quoting in the class or the RMM is
logged onto Hybrid and quoting in that class. The Exchange thus
believes that these two types of Market-Makers should be deemed to have
provided continuous electronic quotes with respect to the applicable
percentage of series in an option class if the respective Market-Maker
or RMM has provided electronic quotes for 99% of the time that he is
quoting in the class (in the case of a Market-Maker) or logged into
Hybrid and quoting in that option class (in the case of an RMM) on a
given trading day. Consequently, in calculating compliance with CBOE
Rule 1.1(ccc), any time interval during which the Market-Maker or RMM
has ceased quoting in that option class (e.g., while taking breaks,
during lunch or upon ceasing trading for the day) would not be
considered.
    The Exchange believes that the 99% standard sets an appropriately
high threshold for continuous electronic quoting, while also
recognizing the circumstances under which a Hybrid Market-Maker may
require a brief time interval in order to post new electronic quotes.
This 99% standard is similar to one contained in a rule submitted by
the Pacific Exchange, Inc. (``PCX'') and approved by the Commission.\4\
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    \4\ See Securities Exchange Act Release No. 51740 (May 25,
2005), 70 FR 32686 (June 3, 2005) (SR-PCX-2005-64) (notice of filing
and order granting accelerated approval to SR-PCX-2005-64).
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    The Exchange does not believe that a Hybrid Market-Maker has failed
to quote continuously if Exchange technical problems prevent electronic
quotes from being provided. Accordingly, if a technical failure or
limitation in an Exchange system prevents a Hybrid Market-Maker from
maintaining, or communicating to the Exchange, timely and accurate
electronic quotes, proposed CBOE Rule 1.1(ccc) would exclude the
duration of that technical failure or limitation in determining whether
the Hybrid Market-Maker has satisfied the 99% continuous electronic
quote obligation with respect to that option class.
    Proposed CBOE Rule 1.1(ccc) will also provide that the Exchange may
consider other exceptions to the continuous electronic quote obligation
based on demonstrated legal or regulatory requirements or other
mitigating circumstances.\5\ This provision is the same as an existing
provision with respect to continuous electronic quoting obligations of
RMMs contained in CBOE Rule 8.7(e). The Exchange believes it is
appropriate to apply the same considerations to all Hybrid Market-
Makers with continuous electronic quoting obligations and including
this provision within the text of proposed CBOE Rule 1.1(ccc)
accordingly reflects that principle. The Exchange is also proposing to
amend various rules to include cross-references to the definition of
``continuous electronic quotes'' contained in proposed CBOE Rule
1.1(ccc). The Exchange will conduct regulatory surveillance for
compliance with the 99% continuous electronic quote requirement set
forth in CBOE Rule 1.1(ccc).
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    \5\ Mitigating circumstances that may be considered by the
Exchange may include, but is not limited to, instances where a
technical failure or limitation in a Hybrid Market-Maker's system
prevents the Hybrid Market-Maker from maintaining, or communicating
to the Exchange, timely and accurate electronic quotes. However, a
pattern or practice of technical failures or limitations, or the
excessive frequency of technical failures or limitations, may also
be considered by the Exchange in determining whether to except the
period of time from the continuous electronic quoting requirements.
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    The Exchange is proposing various clarifying changes to CBOE Rule
8.7 respecting Market-Maker and RMM quoting obligations in order to
clarify the intent and application of the rule that the continuous
electronic quoting obligations apply on a per class basis and only
during the time the respective Market-Maker is quoting or respective
RMM is logged onto Hybrid and quoting, and to clarify certain open
outcry quoting obligations. First, the changes make clear that
obligations and duties of Market-Makers, as set forth in paragraph (d)
of CBOE Rule 8.7, apply to a Market-Maker on a per class basis and only
when the Market-Maker is quoting in a particular class on a given
trading day (e.g., if on a given trading day a Market-Maker is quoting
in 1 of his 10 appointed classes, the Market-Maker has quote width,
continuous electronic quoting and, to the extent the Market-Maker is
present in the trading crowd, continuous open outcry quoting
obligations in that 1 class; the continuous electronic quoting
obligation applies in 60% of the series of that class while the Market-
Maker is quoting in that class). The obligations and duties are not
applicable to an appointed class if a Market-Maker is not quoting in an
appointed class. The clarifications also make clear that, under certain
circumstances, a Market-Maker present in the trading crowd may still be
obligated to provide a quote in an appointed class that he is not
currently quoting in electronically or in open outcry. Specifically, a
Market-Maker in the trading crowd must provide an open outcry two-sided
market complying with the Exchange rules on quote width and size in
response to a request for quote directed at that Market-Maker or when,
in response to a general request for a quote, a market is not then
being vocalized in that series by a reasonable number of Market-Makers.
These obligations are derived from CBOE Rule 8.7(b), which describes
various conditions that trigger a Market-Maker's duty to verbalize a
market in a particular option series. In addition, a Market-Maker may
also be called upon by an Exchange official designated by the Board of
Directors to submit a single quote or maintain continuous quotes in one
or more series of a class to which the Market-Maker is appointed
whenever, in the judgment of such official, it is necessary to do so in
the interest of maintaining a fair and orderly

market. This Exchange official provision is parallel to language that
is already provided in paragraph (e) for RMMs.
    Second, the changes make clear the obligations and duties of RMMs,
as set forth in paragraph (e) of CBOE Rule 8.7, apply to an RMM on a
per class basis and only when the RMM is logged on to the CBOE Hybrid
system and quoting in a particular class on a given trading day (e.g.,
if on a given trading day an RMM is logged in and quoting in 1 of its
10 appointed classes, the RMM has quote width and continuous electronic
quoting obligations in that 1 class; the continuous electronic quoting
obligation applies in 60% of the series of that class while the RMM is
logged in and quoting in that class). The obligations and duties are
not applicable to an appointed class if an RMM is not logged in and
quoting in that appointed class. Clarifying language proposed to be
added to paragraph (e) make clear these obligations and duties of RMMs.
    Finally, the Exchange is proposing to amend the text in paragraphs
(d)(i)(C) and (d)(ii)(C) of CBOE Rule 8.7, which pertains to the
continuous open outcry quoting obligation of Market-Makers. The revised
text will provide that the open outcry quoting obligation is triggered
in response to a request for quote by a member or Exchange PAR
Official. As currently written, the obligation is only triggered in
response to a request for quote from a floor broker or a DPM
representing an order as agent, the later of which is an outdated
reference because DPMs no longer perform an agency function.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 52798 (November 18,
2005), 70 FR 71344 (November 28, 2005) (order approving amendments
relating to the removal of agency responsibilities from DPMs and the
establishment of PAR Officials).
---------------------------------------------------------------------------

Proposed CBOE Rule 8.18

    Through this rule change, the Exchange is also seeking to codify in
its rules a service CBOE offers Hybrid Market-Makers to help them
manage their quotations. As discussed above, CBOE Rules require Hybrid
Market-Makers to maintain continuous electronic quotes. To comply with
this requirement, each Hybrid Market-Maker can employ its own
proprietary quotation and risk management systems to determine the
prices and sizes at which it quotes. In addition, Hybrid also has the
QRM Mechanism, which is designed to help Hybrid Market-Makers manage
their quotations in related option series.
    A Hybrid Market-Maker's risk in an options class is not limited to
the risk in a single series of that class. Rather, a Hybrid Market-
Maker typically is active in quoting in multiple option classes, and
each such option class can comprise dozens of individual option series.
Under the Hybrid systems, trades are automatically effected against the
Hybrid Market-Maker's then current quote. As a result, a Hybrid Market-
Maker faces exposure in all series of a class, requiring that the
Hybrid Market-Maker off-set or otherwise hedge its overall position in
a class. The QRM functionality described in Proposed CBOE Rule 8.18
helps Hybrid Market-Makers limit this overall exposure and risk.
Specifically, the functionality permits a Hybrid Market-Maker to
establish parameters in the Hybrid to cancel its electronic quotes in
all series of an option class until the Hybrid Market-Maker refreshes
those electronic quotes.
    Under proposed CBOE Rule 8.18, each Hybrid Market-Maker that elect
to use the functionality would be required to specify two parameters
that the QRM Mechanism would use to determine when that Hybrid Market-
Maker's quotes should be cancelled. In particular, each Hybrid Market-
Maker is required to specify a maximum number of contracts for each
option class (the ``Contract Limit'') and a rolling time period in
seconds during which such Contract Limit is to be measured (the
``Measurement Interval'').
    When the QRM Mechanism determines that the Hybrid Market-Maker has
traded more than the Contract Limit for any option class during any
rolling Measurement Interval, the QRM Mechanism automatically cancels
all of the Hybrid Market-Maker's quotes in any series of that option
class. By limiting its exposure across series, a Hybrid Market-Maker is
better able to quote aggressively in an option, knowing that the QRM
Mechanism will automatically cancel all its quotations in a class when
its exposure limit it hit.
    The Exchange notes that the proposed rule would not relieve a
Hybrid Market-Maker of its obligations to provide continuous electronic
quotes under the Exchange rules nor to provide ``firm'' quotes pursuant
to the requirements of CBOE Rule 8.51.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\7\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\8\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 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 would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-CBOE-2005-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2005-93. 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be

available for inspection and copying at the principal office of CBOE.
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-CBOE-2005-93
and should be submitted on or before August 28, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder, applicable to a national
securities exchange.\9\ In particular, the Commission believes that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\10\
which requires among other things, that the rules of the Exchange are
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \9\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the proposed QRM Mechanism should
provide Hybrid Market-Makers assistance in effectively managing its
quotations. In conjunction with the implementation of the QRM
Mechanism, CBOE proposes to define the nature of Hybrid Market-Makers'
continuous electronic quoting obligations under its rules. The
Commission believes that it is consistent with the Act to allow CBOE to
define ``continuous electronic quotes'' as providing electronic two-
sided quotes for 99% of the time that the Hybrid Market-Maker is
required to provide electronic quotes in an appointed option class on a
given trading day. The Commission notes that when the QRM Mechanism is
triggered for an option class it will automatically cancel all of the
Hybrid Market-Maker's quotes in any series of that option class. The
Commission believes that the proposed definition of ``continuous
electronic quotes'' should provide a Hybrid Market-Maker a brief amount
of time to update its quotes after the QRM Mechanism has canceled its
quotes in an option class.
    In addition, CBOE proposes certain clarifying changes to CBOE Rule
8.7 regarding Market-Maker and RMM quoting obligations. Specifically,
CBOE proposes to clarify the intent and application of the rule that
the continuous electronic quoting obligations apply on a per class
basis and only during the time the respective Market-Maker is quoting
or respective RMM is logged onto Hybrid and quoting, and to clarify
certain open outcry quoting obligations. The Commission believes that
these clarifying changes are appropriate and consistent with the Act.
    The Commission notes that the proposal does not alter the
obligations of Hybrid Market-Makers, except for the fact that it will
specifically define what it means to provide continuous electronic
quotes. The Commission also notes that CBOE has represented that it
will conduct routine surveillance for Hybrid Market-Maker compliance
with the 99% standard for continuous electronic quotes set forth in
CBOE Rule 1.1(ccc).
    CBOE has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
notes that similar proposals to provide protection from risk for market
makers have been approved for other options exchanges.\11\ The
Commission believes that granting accelerated approval of the proposal
should allow Hybrid Market-Makers to have similar protections from the
risk associated with an excessive number of near simultaneous
executions in a single options class. Accordingly, the Commission finds
good cause, pursuant to Section 19(b)(2) of the Act,\12\ for approving
the proposed rule change, as amended, prior to the thirtieth day after
the date of publication of notice thereof in the Federal Register.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release Nos. 51049 (January 18,
2005), 70 FR 3756 (January 26, 2005) (SR-BSE-2004-52); 51050
(January 18, 2005), 70 FR 3758 (January 26, 2005) (SR-ISE-2004-31);
51740 (May 25, 2005), 70 FR 32686 (June 3, 2005) (SR-PCX-2005-64);
53148 (January 19, 2006), 71 FR 4386 (January 26, 2006) (SR-Amex-
2005-131); and 53166 (January 23, 2006), 71 FR 4625 (January 27,
2006) (SR-Phlx-2006-05).
    \12\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-CBOE-2005-93) and Amendment
No. 1 thereto be, and hereby are, approved on an accelerated basis.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
[FR Doc. E6-12740 Filed 8-4-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Notices]
[Page 39092-39095]
[DOCID:fr05jy11-65]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2011-0439; EPA-HQ-OW-2011-0442; EPA-HQ-OW-2011-0443; FRL-
9429-6]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Disinfectants/Disinfection Byproducts, Chemical and
Radionuclides; Microbial; and Public Water System Supervision Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew existing approved Information Collection
Requests (ICRs) to the Office of Management and Budget (OMB). The ICRs
scheduled to expire are Disinfectants/Disinfection Byproducts, Chemical
and Radionuclides Rules ICR expires on December 31, 2011; Microbial
Rules ICR expires on April 30, 2012; and Public Water System
Supervision ICR expires on March 31, 2012. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before September 6, 2011.

ADDRESSES: Submit your comments, identified by the Docket ID EPA-HQ-OW-
2011-0439 (Disinfectants/Disinfection Byproducts, Chemical and
Radionuclides Rules); EPA-HQ-OW-2011-0442 (Microbial Rules); and EPA-
HQ-OW-2011-0443 (Public Water System Supervision), by one of the
following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Water Docket, US Environmental Protection Agency,
EPA Docket Center (EPA/DC), Water Docket, MC: 28221T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
Headquarters West Building, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments identified by the Docket ID
numbers identified in the ADDRESSES section for each item in the text.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Matthew Reed, Drinking Water
Protection Division, Office of Ground Water and Drinking Water,
(4606M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for each of the ICRs identified
in the ADDRESSES section, which are available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Water Docket is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits 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. In particular, EPA is requesting comments from
small public water systems (those that serve less than 10,000
customers) on examples of specific additional efforts that EPA could
make to reduce the paperwork burden for small public water systems
affected by this collection. The small public water systems include
community water systems, and non-transient non-community water systems
such as schools and hospitals, in addition to transient non-community
water systems such as restaurants and campgrounds.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What information collection activity or ICR does this apply to?

    Docket ID No. EPA-HQ-OW-2011-0439.
    Affected entities: Entities potentially affected by this action are
new and existing public water systems (PWS), primacy agencies, and EPA.
    Title: Disinfectants/Disinfection Byproducts, Chemical, and
Radionuclides Rules (Renewal).
    ICR numbers: EPA ICR No. 1896.09, OMB Control No. 2040-0204.
    ICR status: This ICR is currently scheduled to expire on December
31, 2011. 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 in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Disinfectants/Disinfection Byproducts, Chemical and
Radionuclides Rules ICR examines PWS, primacy agency and EPA burden and
costs for recordkeeping and reporting requirements in support of the
chemical drinking water regulations. These recordkeeping and reporting
requirements are mandatory for compliance with 40 CFR parts 141 and
142. The following chemical regulations are included: Stage 1
Disinfectants and Disinfection Byproducts Rule (Stage 1 DBPR), Stage 2
Disinfectants and Disinfection Byproducts Rule (Stage 2 DBPR), Chemical
Phase Rules (Phases II/IIB/V), 1976 Radionuclides Rule and 2000
Radionuclides Rule, Total Trihalomethanes (TTHM) Rule, Disinfectant
Residual Monitoring and Associated Activities under the Surface Water
Treatment Rule, Arsenic Rule, Lead and Copper Rule (LCR) and revisions.
Future chemical-related rulemakings will be added to this consolidated
ICR after the regulations are finalized and the initial, rule-specific,
ICRs are due to expire.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.40
hours per response. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 246,048.
    Frequency of response: varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually, annually, biennially, and every 3,
6, and 9 years).

    Estimated total average number of responses for each respondent:
varies by requirement.
    Estimated total annual burden hours: 6,987,131 hours.
    Estimated total annualized capital/startup costs: $6,918,000.
    Estimated total annual maintenance and operational costs:
$203,672,204.

Are there changes in the estimates from the last approval?

    There is no estimated increase or decrease of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB.

What information collection activity or ICR does this apply to?

    Docket ID No. EPA-HQ-OW-2011-0442.
    Affected entities: Entities potentially affected by this action are
new and existing public water systems (PWS), primacy agencies, and EPA.
    Title: Microbial Rules (Renewal).
    ICR numbers: EPA ICR No. 1895.07, OMB Control No. 2040-0205
    ICR status: This ICR is currently scheduled to expire on April 30,
2012. 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 in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Microbial Rules Renewal ICR examines PWS, primacy
agency and EPA burden and costs for recordkeeping and reporting
requirements in support of the microbial drinking water regulations.
These recordkeeping and reporting requirements are mandatory for
compliance with 40 CFR parts 141 and 142. The following microbial
regulations are included: Surface Water Treatment Rule (SWTR), Total
Coliform Rule (TCR), Interim Enhanced Surface Water Treatment Rule
(IESWTR), Filter Backwash Recycling Rule (FBRR), Long Term 1 Enhanced
Surface Water Treatment Rule (LT1ESWTR), Long Term 2 Enhanced Surface
Water Treatment Rule (LT2ESWTR), Ground Water Rule, and the Aircraft
Drinking Water Rule. Although the Aircraft Drinking Water Rule has a
stand-alone ICR at this time, it is being included into the Microbial
ICR due to the nature of information collected. The information
collected for the Aircraft Drinking Water Rule is directly correlated
to information collected under the Total Coliform Rule, and therefore
is appropriate to be included in the Microbial ICR. Future microbial-
related rulemakings will be added to this consolidated ICR after the
regulations are finalized and the initial, rule-specific, ICRs are due
to expire.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.79
hours per response. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 161,337.
    Frequency of response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually, and annually.
    Estimated total average number of responses for each respondent:
72.
    Estimated total annual burden hours: 9,172,188 hours.
    Estimated total annualized capital/startup costs: $32,888,601.
    Estimated total annual maintenance and operational costs:
$88,222,000.

Are there changes in the estimates from the last approval?

    There is an increase of 17,583 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase reflects EPA's inclusion of the
information collection requirements of the Aircraft Drinking Water
Rule, which was previously a stand-alone ICR.

What information collection activity or ICR does this apply to?

    Docket ID No. EPA-HQ-OW-2011-0443.
    Affected entities: Entities potentially affected by this action are
new and existing public water systems (PWS), primacy agencies, and EPA.
    Title: Public Water System Supervision Program (Renewal).
    ICR numbers: EPA ICR No. 0270.45, OMB Control No. 2040-0090.
    ICR status: This ICR is currently scheduled to expire on March 31,
2012. 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 in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The Public Water System Supervision (PWSS) Program
Renewal ICR examines PWS, primacy agency, EPA, and tribal operator
certification provider burden and costs for ``cross-cutting''
recordkeeping and reporting requirements (i.e., the burden and costs
for complying with drinking water information requirements that are not
associated with contaminant-specific rulemakings). These activities
which have record keeping and reporting requirements that are mandatory
for compliance with 40 CFR parts 141 and 142 include the following:
Consumer Confidence Reports (CCRs), Primacy Regulation Activities,
Variance and Exemption Rule (V/E Rule), General State Primacy
Activities, Public Notification (PN) and Proficiency Testing Studies
for Drinking Water Laboratories. The information collection activities
for both the Operator Certification/Expense Reimbursement Program and
the Capacity Development Program are driven by the grant withholding
and reporting provisions under Sections 1419 and 1420, respectively, of
the Safe Drinking Water Act. Although the Tribal Operator Certification
Program is voluntary, the information collection is driven by grant
eligibility requirements outlined in the Drinking Water Infrastructure
Grant Tribal Set-Aside Program Final Guidelines and the Tribal Drinking
Water Operator Certification Program Guidelines.

    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 6.5
hours per response. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 161,682.
    Frequency of response: Varies by requirement (i.e., on occasion,
monthly, quarterly, semi-annually, and annually).
    Estimated total average number of responses for each respondent:
3.1.
    Estimated total annual burden hours: 3,249,695 hours.
    Estimated total annual costs: $119,174,000. This includes an
estimated burden cost of $97,636,000 and an estimated cost of
$21,538,000 for capital investment or maintenance and operational
costs.

Are there changes in the estimates from the last approval?

    There is no estimated increase or decrease of hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB.

What is the next step in the process for these ICRs?

    EPA will consider the comments received and amend the ICRs as
appropriate. The final ICR packages will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about these ICRs or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 28, 2011.
Ronald W. Bergman,
Acting Director, Office of Ground Water and Drinking Water.
[FR Doc. 2011-16731 Filed 7-1-11; 8:45 am]
BILLING CODE 6560-50-P