	SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NSPS for Rubber Tire Manufacturing

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NSPS for Rubber Tire Manufacturing , (40 CFR part 60, subpart BBB) (Renewal)

1(b)  Short Characterization/Abstract

The New Source Performance Standards (NSPS) for rubber tire manufacturing plants were proposed on January 20, 1983, and promulgated on September 15, 1987.  Minor revisions to the standards of performance for the rubber tire manufacturing industry were proposed on February 14, 1989 and promulgated on September 19, 1989.  These standards apply to undertread cementing operations, sidewall cementing operations, tread end cementing operations, bead cementing operations, green tire spraying operations, Michelin-A operations, Michelin-B operations, and Michelin-C automatic operations, commencing construction, modification or reconstruction after January 20, 1993.  This information is being collected to assure compliance with 40 CFR part 60, subpart BBB.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports.  This standard requires performance test of Method 25 and an annual report of Method 24 results to verify VOC content of water-based sprays.  Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative.  Monitoring requirements specific to rubber tire manufacturing plants provide information on the operation of the emissions control device and compliance with the VOCs standards.  Semiannual reports of excess emissions are required.  These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

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

Approximately 41 rubber tire manufacturing plants are currently subject to the standard.  It is estimated that there will be no industry growth over the next three years.  Although some plants may conduct operational changes, these changes will not trigger applicability of this rule. We are also assuming that all plants are now using the water-based sprays that meet the NSPS green tire spray limits without having to use add-on control equipment.  These estimates are based on information gathered from EPA’s AIRS Facility Subsystem (AFS) database through the Online Tracking Information System (OTIS); consultation with the Agency’s contact for the development of this rule at the Office of Air Quality Planning and Standards (OAQPS); and the review of information available on the active ICR.

The burden to the “Affected Public” (i.e., rubber tire manufacturing plants which are publicly owned) can be found in Table 1; Annual Respondent Burden and Cost:  NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB).  The burden to the “Federal Government” is attributed entirely to work performed by federal employees or government contractors.  The burden to the Federal Government can be found in Table 2: Annual Burden and Cost to the Federal/State Government:  NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB).  None of the rubber tire manufacturing plants are owned by either state, local and tribal agencies or the Federal Government.

In the development of this Information Collection Request (ICR), we reviewed the Office of Management and Budget (OMB) “Terms of Clearance” (TOC) section on the active ICR. There were no comments in the TOC section.

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under Section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).

The Agency refers to this charge as selecting the best demonstrated technology (BDT).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

(A) Establish and maintain such records; (B) make such reports; (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe); (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; (F) submit compliance certifications in accordance with Section 114(a)(3); and (G) provide such other information as the Administrator may reasonably require.

In the Administrator's judgment, volatile organic compound (VOC) emissions from rubber tire manufacturing plants cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart BBB.

2(b)  Practical Utility/Users of the Data

The control of VOC emissions from rubber tire manufacturing requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment.  VOC emissions from rubber tire manufacturing plants are the result of operation of the following affected facilities: undertread cementing operations, sidewall cementing operations, tread end cementing operations, bead cementing operations, green tire spraying operations, Michelin-A operations, Michelin-B operations, and Michelin-C-automatic operations affected facilities.  The subject standards are achieved by the reduction of VOC emissions using thermal incinerators, and catalytic incinerators, carbon absorbers and/or other recovery devices.

The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated.  Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.  The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation.  Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act.  The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3.  Nonduplication, Consultations, and Other Collection Criteria

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

3(a)  Nonduplication

If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office.  Otherwise, the information is sent directly to the delegated state or local agency.  If a state or local agency has adopted its own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards.  Therefore, no duplication exists.

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

An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (72 FR 10735) on March 9, 2007.  No comments were received on the burden published in the Federal Register.

3(c)  Consultations

	The Agency’s industry experts have been consulted, and the Agency’s internal data sources and projections of industry growth over the next three years have been considered.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the AFS (AIRS Facility Subsystem) which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry is based on our consultations with the Agency’s internal industry experts. Approximately 41 respondents will be subject to the standard over the three year period covered by this ICR.

	Industry trade association(s) and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purposes.

It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.  In this case, no comments were received.

3(d)  Effects of Less Frequent Collection

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

3(e)  General Guidelines

None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3(f)  Confidentiality

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

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents of the recordkeeping and reporting requirements are rubber tire manufacturing plants that commenced construction, modification, or reconstruction after January 20, 1983.  The SIC code for the respondents affected by the standards is U.S. Standard Industrial Classification (SIC) 3011 which corresponds to The North American Industry Classification System (NAICS ) 326211 for Tire Manufacturing (except Retreading).

4(b)  Information Requested

(i)  Data Items

All data in this ICR that are recorded and/or reported are required by NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB).

A source must make the following reports:

Reports

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

Notification of anticipated startup.	60.7(a)(2)

Notification of actual startup.	60.7(a)(3)

Initial performance test results.	60.8(a)

Initial compliance report that includes initial performance test, monthly schedule to be used in making compliance determinations, design and equipment specifications and compliance method.	60.8(d), 60.8(a), 60.546(a) through (e)

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

Physical or operational change.	60.7(a)(4)

Periodic startup, shutdown, malfunction reports, and periods where the continuous monitoring system is inoperative.	60.7(b)

Seeking to comply with an alternative method, from use of applicable percent emission reduction requirement to applicable total (uncontrolled) monthly VOC use limit.	60.546(h)

Initial and annual formulation data or Method 24 results to verify VOC content of water-based sprays.	60.546(j)

Excess emissions report.	60.546(f) and (g)

A source must keep the following records:

Recordkeeping

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

Maintain a file of all measurements including, performance test measurements, and all other information required by this part recorded in a permanent file suitable for inspection.  The file shall be retained for at least two years.	60.7(f)

Maintain records of operating parameters of monitoring device results for catalytic or thermal incinerator, or carbon absorber.	60.545(a), (b) and (c)

Maintain records of monthly VOCs use, number of days in compliance period, and other information needed to verify results of all monthly tests.	60.545(d) and (e)

Maintain records of formulation data or results of Method 24 analysis of water-based sprays containing less than 1.0 percent of VOC.	60.545(f)

Electronic Reporting

Currently, sources are using monitoring equipment that provides parameter data in an automated way.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.  In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden.  However, electronic reporting systems are still not widely used by the regulatory agencies.  It is estimated that approximately 10 percent of the respondents use electronic reporting.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate a temperature monitoring device with a continuous recorder, an organics monitoring device with a continuous recorder to detect the concentration level of organic compounds, or a recovery device, as applicable.

Perform initial performance test, Reference Method 24 test or formulation data analysis for the determination of the VOC content of cements or green tire spray materials, Method 25A for the determination of the VOC concentration if using a control device, Method 2 for the determination of the flow rate at the stack gas, monthly performance test or formulation data analysis of the spray material, and repeat performance test if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

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

Transmit, or otherwise disclose the information.

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

5(a)  Agency Activities

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

Agency Activities

Observe initial performance tests and repeat performance tests if necessary.

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

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated.  Performance test reports are used by the Agency to discern a source’s initial capability to comply with the emission standard.  Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs.  The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS which is operated and maintained by EPA's Office of Compliance.  AFS is EPA’s database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government-owned facilities.  EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or operator for two years.

5(c)  Small Entity Flexibility

A majority of the affected facilities are large entities (e.g., large businesses).  However, the impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities.  The Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce them further for small entities.  To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within this request is shown in Table 1:  Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB).

6.  Estimating the Burden and Cost of the Collection

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

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 13,323 (Total Labor Hours from Table 1).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

This ICR uses the following labor rates:

Managerial	$95.32   ($45.39 + 110%)

Technical	$64.60   ($30.76 + 110%)

Clerical	$40.09   ($19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2003, Table 10. Private industry, by occupational and industry group.  The rates are from column 1, Total compensation.  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

The type of industry costs associated with the information collection activities in the subject standard are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring.  The capital/startup costs are one-time costs when a facility becomes subject to the regulation.  The annual operation and maintenance costs are the ongoing costs to maintain the monitor(s) and other costs such as photocopying and postage.

Two types of monitoring devices are used to collection information: the gas stream monitoring device and the VOC monitoring device.  The gas stream temperature monitoring device has a continuous recorder to measure the temperature before and after the emission reduction at the control device.  The VOC monitoring device has a continuous analyzer to measure the outlet gas concentration when a VOC recovery device is used.

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

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

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost,

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

VOC (organics) monitor	$35,000	0	$0	$7,500	0	$0

Temperature monitors at thermal and catalytic incinerators	$7,500	0	$0 $4,000	4.1l	$16,400

Total Cost

$16,400

 	1  An estimated 10 percent of the respondents use a temperature monitor.

There are no total capital/startup costs for this ICR because we have assumed that none of the existing tire manufacturing plants that are not currently subject to the rule or any new plants built will conduct an operational change that triggers rule applicability.  This is the total of column D in the above table.  The total operation and maintenance (O&M) costs for this ICR are $16,000 (rounded). This is the total of column G in the above table.  The total respondent costs over the next three years, which is calculated as the addition of the capital/startup costs and the annual operation and maintenance costs, is estimated to be $16,000.

6(c)  Estimating Agency Burden and Cost

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

The average annual Agency cost during the three years of the ICR is estimated to be $12,520.

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

Managerial	$54.66   (GS-13, Step 5, $34.16 x 1.6)

Technical	$40.56   (GS-12, Step 1, $25.35 x 1.6)

Clerical	$21.95   (GS-6,   Step 3, $13.72 x 1.6)

These rates are from the Office of Personnel Management (OPM) 2004 General Schedule which excludes locality rates of pay.  Details upon which this estimate is based appear in Table 2: Annual Burden and Cost for the Federal Government: NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB), below.

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

Based on our research for this ICR, approximately 41 existing sources are currently subject to the standard.  It is estimated that no new sources per year will become subject to the standard in the next three years.

Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any Reports

	Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

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

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

Number of Respondents

(E=A+B+C-D)

1	4.1	4.1	36.9	4.1	41

2	4.1	4.1	36.9	4.1	41

3	4.1	4.1	36.9	4.1	41

Average	4.1	4.1	36.9	4.1	41

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

(10% x 41 = 4.1).  The remainder must keep records (90% x 41 = 36.9).

To avoid double-counting respondents column D is subtracted.  As shown above, the average Number of Respondents over the three year period of this ICR is 41.

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

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

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

Total Annual Responses

E=(BxC)+D

Method 25A	3	1	0	3

Annual Report of Formulation Data/Method 24	41	1	0	41

Semiannual Report of Excess Emissions	13.7	2	0	27.4

Report of Operational Change	4.1	1	0	4.1

Notification of Change in Spray Materials Formulation	4.1	1	0	4.1

TOTAL

	0	79.6

The number of Total Annual Responses is 80 (rounded), as describe above.   The total annual labor costs are $850,093.  Details regarding these estimates may be found in Table 1.  Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB).

Note that the total annual capital and O&M costs to the regulated entity are $16,000.  These costs are detailed in Section 6(b)(iii), Capital/Startup vs. Operation and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the respondents appear are attached.  The annual public reporting and recordkeeping burden for this collection of information is estimated to average 167 hours per response.

6(f)  Reasons for Change in Burden

There is no change in the labor hours or cost in this ICR compared to the previous ICR.  This is due to two considerations.  First, the regulations have not changed over the past three years and are not anticipated to change over the next three years.  Secondly, the growth rate for the industry is very low, negative or non-existent, so there is no significant change in the overall burden.

Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR and there is no change in burden to industry.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 167 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; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number.  The OMB Control Numbers for EPA’s regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.

	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OECA-2007-0125.  An electronic version of the public docket is available at http://www.regulations.gov which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically.  When in the system, select “search,” then key in the docket ID number identified in this document.  The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the docket center is<PHONE_NUMBER>.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the EPA Docket ID Number EPA-HQ-OECA-2007-0125 and OMB Control Number 2060-0156 in any correspondence.

Part B of the Supporting Statement

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

Table 1:  Annual Respondent Burden and Cost: NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB)

	Burden Item

	(A)

Technical Person-

hours per

occurrence

	(B)

No.  of

occurrences

per respondent

per year

	(C)

Person-

hours per

respondent

per year

(C=AxB)

	(D)

Respondents

per year a

	(E)

Technical

person-

hours per

year

(E=CxD)

	(F)

	Management

person-hours per

year

(Ex0.05)

	(G)

Clerical

person-

	hours per year

(Ex0.1)

	(H)

	Cost,$  b

1.  Applications

N/A

2.  Survey and Studies

N/A

3.  Acquisition, Installation,         and Utilization of Technology and  Systems

N/A

4.  Reporting Requirements

  A.  Read Instructions

1

1

1

0

0

0

0

$0.00

  B.  Required Activities  a, c

    i. Initial performance test  d

240

5

1,200

0

0

0

0

$0.00

    ii. Repeat of initial                       performance test  d

240

1

240

0

0

0

0

$0.00

    iii. Monitoring of VOC                emissions and operations  e

1

252

252

41

10,332.0

516.6

1,033.2

$758,110.50

    iv. Monthly performance

    tests   e,j

2

12

24

0

0

0

0

$0.00

  C.  Create Information

Included in 4B and 5E

  D.  Gather Existing                      Information

Included in 4B and 5E

  E.  Write Report

    i.  Notification of actual               startup  c

2

1

2

0

0

0

0

$0.00

    ii.  Notification of initial              performance test  a ,  b

2

1

2

0

0

0

0

$0.00

    iii.  Initial performance test          results  a, b

2

1

2

0

0

0

0

$0.00

    iv.  Notification of Method          25A test  f

4

1

4

3

12.0

0.6

1.2

$880.50

    v.  Notification of construction     or reconstruction  a,  b

2

1

2

0

0

0

0

$0.00

    vi.  Report of physical/                 operational changes  g

4

2

8

4.1

32.8

1.64

3.28

$2,406.70

    vii.  Report of spray materials/     formulation change h

4

2

8

4.1

32.8

1.64

3.28

$2,406.70

    viii.  Semiannual reports  i

10

2

20

13.7

274.0

13.7

27.4

$20,104.75

    ix.  Annual report of                     formulation data/Method             24 results  j

4

1

4

41

164.0

8.2

16.4

$12,033.50

5.  Recordkeeping Requirements

  A.  Read Instructions

Included in 4A

  B.  Plan Activities

Included in 4B

  C.  Implement Activities

Included in 4B

  D.  Develop Record System

N/A

  E.  Time to Enter and Transmit    Information: k

    i.  Records of startup,                   shutdowns and malfunction  l

0.5

36

18

41

738.0

36.9

73.8

$54,150.75

    ii.  Records of monthly                performance test

Included in 4B

    iii.  Records of emissions and      operations

Included in 4B

 F.  Time to Train Personnel

N/A

G.  Time for Audits

N/A

Subtotal Labor Burden

11,585.6

579.28

1,158.56

$850,093.40

TOTAL LABOR  BURDEN AND COST (Rounded)

13,323

$850,093

Assumptions:

a  We have assumed that there are 41 existing rubber tire manufacturing plants subject to this standard, one of which mixes only rubber compound.  Also, we have assumed that no new tire manufacturing plants will become subject to the standard in the next three years.  In addition, we have not included the reporting requirements burden for affected facilities exemptions under 40 CFR (60.676(d) in the table because their occurrence is very rare in practice.

b  This ICR uses the following labor rates: $95.32 for Managerial labor, $64.60 for Technical labor, and $40.09 for Clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, (Table 10. Private industry, by occupational and industry group.(  The rates are  from column 1, (Total compensation.(  The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

c  We have assumed that the rubber tire manufacturing plants will not construct or reconstruct an affected facility, however, they will conduct operational changes on 10 percent of the affected operations.

d  A new plant typically would have about five new affected facilities.  However, we are assuming that no new plants will become subject to this rule.

e  Sources are required to monitor and record monthly performance tests, VOC use, the number of days in each compliance period, control device efficiency, formulation data or the results of Method 24 analysis conducted to verify the VOC content of the spray, monitoring device data and other operational data such as the number of tires processed.  We have assumed sources will operate approximately 252 days per year or 36 weeks.  We have further assumed that the burden incurred to record these items is one hour per occurrence since much of the required information would be currently recorded by the industry with or without regulation.

f  We have assumed that three existing sources using control devices will conduct a Method 25 test once a year to determine the VOC concentration in each stack (source using a capture system) both entering and leaving the control device.

g  We have assumed that ten percent of the existing rubber tire manufacturing plants subject to this rule will make a physical/operational change due adding a green tire spray booth or a new line.

h  A source is required to do Method 24 or formulation data analysis if the operational change involves spray materials formulation changes and results should be reported within 30 days.

i  We have assumed that one-third of the sources report will submit exceedance reports for each six month period.

j  We have assumed that all existing sources, will submit an annual Method 24 report or an annual formulation data report to verify the VOC content of each tread end cement and green tire spray material in lieu of conducting a monthly performance test.  We have further assumed that 50 percent of the existing sources will continue to use HAP materials (VOC) in the spray at levels that meet the green tire VOC limitations in NSPS not needing add on control devices. The remaining plants use only water-based sprays and are not required to do monthly performance tests.

We have assumed that the burden incurred to record these items is one hour per occurrence per source due to the nature of the control equipment used and its intermittent use.

k  We have assumed two occurrences of startup, shutdown and/or malfunction per source per month which yields an average of 18 occurrences per source per respondent(36 weeks).

Table 2.  Annual Burden and Cost for the Federal Government: NSPS for Rubber Tire Manufacturing (40 CFR part 60, subpart BBB)

	Burden Item

(A)

Technical

Person

hours per

occurrence

(B)

Number  of

occurrences

per plant

per year

(C)

Person hours per plant  per

year

	(C=AxB)

(D)

Plants per  year  a

(E)

Technical hours

per   year

	(E=CxD)

(F)

Management   hours per year

(F=0.05xE)

(G)

Clerical-person

hours per

year

(G=0.1xE)

	(H)

Cost, $  b

Notification of actual startup  c

2

1

2

0

0

0

0

$0.00

Notification of initial performance test  c

2

1

2

0

0

0

0

$0.00

Report of performance test results  c

2

1

2

0

0

0

0

$0.00

Notification of construction or reconstruction  c

2

1

2

0

0

0

0

$0.00

Notification of Method             25A Test  d

8

1

8

3

24

1.2

2.4

$1,091.71

Notification of change in          spray materials formulation  e

2

1

2

4.1

8.2

0.41

0.82

$373.00

Semiannual reports f

4

2

8

13.7

109.6

5.48

10.96

$984.65

Annual report of              formulation data/Method          24 results  g

5

1

5

41

205

10.25

20.50

$9,325.05

Report of physical/operational

changes  h

4

1

4

4.1

16.4

0.82

1.64

746.00

Subtotal

363.2

18.16

36.32

$12,520.41

TOTAL LABOR BURDEN AND COST (rounded)

                                                                                418                                                          $12,520

Assumptions:

a  We have assumed that there are 41 existing rubber tire manufacturing plants subject to this standard, one of which mixes only rubber compound.  Also, we have assumed that no new tire manufacturing plants will become subject to the standard in the next three years.

b  We have assumed the following labor rates of $55.66 for Managerial labor, $40.56 for Technical labor, and $21.95 for Clerical labor.  These rates are from the Office of Personnel Management (OPM) (2004 General Schedule( which excludes locality rates of pay.

c  The regulatory agency will have no burden associated with initial requirements since there will be no new sources.

d  We have assumed that three existing sources using control devices will conduct a Method 25 test once a year to determine the VOC concentration in each stack (source using a capture system) both entering and leaving the control device.

e  A source is required to do Method 24 or formulation data analysis if the operational change involves spray materials formulation changes and results should be reported within 30 days.

f  We have assumed that one-third of sources will submit exceedance reports for each six month period.

g  We have assumed that all existing sources, will submit an annual Method 24 report or an annual formulation data report to verify the VOC content of each tread end cement and green tire spray material in lieu of conducting a monthly performance test.  We have further assumed that 50 percent of the existing sources will continue to use HAP materials (VOC) in the spray at levels that meet the green tire VOC limitations in NSPS not needing add on control devices. The remaining plants use only water-based sprays and are not required to do monthly performance tests.  We have assumed that the burden incurred to record these items is one hour per occurrence per source due to the nature of the control equipment used and its intermittent use.

h  We have assumed that ten percent of the existing rubber tire manufacturing plants subject to this rule will make a physical/operational change due adding a green tire spray booth or a new line.

 PAGE

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 PAGE

 PAGE   15


[Federal Register Volume 85, Number 44 (Thursday, March 5, 2020)]
[Proposed Rules]
[Pages 12882-12885]
[FR Doc No: 2020-04456]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0469; FRL-10005-95-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Regulatory Updates to Allegheny County Nonattainment New
Source Review (NNSR) Permitting Requirements for 2012 PM2.5 National
Ambient Air Quality Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania, on behalf of the Allegheny County Health
Department (ACHD), on May 23, 2019. This revision pertains to ACHD's
amendments of the ACHD Rules and Regulations, Article XXI (Air
Pollution Control) to implement Federal nonattainment new source review
(NNSR) provisions for the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS). This
action is being taken under the Clean Air Act (CAA).

DATES: Written comments must be received on or before April 6, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0469 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Amy Johansen, Permits Branch (3AD10),
Air & Radiation Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone
number is<PHONE_NUMBER>. Ms. Johansen can also be reached via
electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On May 23, 2019, the Commonwealth of
Pennsylvania formally submitted, on behalf of ACHD, a SIP revision to
the Pennsylvania SIP. This SIP revision amends ACHD Rules and
Regulations, Article XXI (Air Pollution Control), sections 2102.06
(Major Sources Locating in or Impacting a Nonattainment Area), and
2101.20 (Definitions), herein referred to as Revision 90A. This
proposed SIP revision establishes that emissions of volatile organic
compounds (VOC) and ammonia are precursors to PM2.5 for new
and modified major sources emitting PM2.5 in Allegheny
County, Pennsylvania; establishes a significant impact level for
PM2.5; proposes emission offset ratios for emissions of VOC
and ammonia as PM2.5 precursors; and amends relevant
definitions. Revision 90A was adopted by ACHD and became effective
March 3, 2019.\1\
---------------------------------------------------------------------------

    \1\ On April 22, 2019, ACHD submitted a ``revised'' requested
revision to the Pennsylvania Department of Environment Protection
(PADEP). This revised submittal was necessary due to its initial
submittal to EPA, on March 6, 2019, having a typographical error.
The offset ratio for VOC in Article XXI, section 2102.06.3.B.4 was
printed as ``1.1'' when, instead, it should have been printed as
``1:1.'' ACHD corrected the typographical error and published a new
Notice of Amendment in the local newspaper describing the error,
prior to formally resubmitting it to PADEP on April 22, 2019 and to
EPA on May 23, 2019.

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

    For more information related to EPA's proposed approval of SIP
Revision 90A, please refer to EPA's Technical Support Document (TSD),
located in Docket ID No. EPA-R03-OAR-2019-0469 at https://www.regulations.gov.

I. Background

A. 2012 PM2.5 NAAQS

    Airborne particulate matter with a nominal aerodynamic diameter of
2.5 micrometers or less are considered to be ``fine particles,'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components, including sulfate,
nitrate, ammonium, elemental carbon, organic compounds, and inorganic
material. There are substantial health effects associated with exposure
to PM2.5 emissions. Epidemiological studies have shown a
significant correlation between elevated PM2.5 levels and
premature mortality. Other important health effects associated with
PM2.5 exposure include aggravation of respiratory and
cardiovascular disease, lung disease, decreased lung function, asthma
attacks, and certain cardiovascular problems. Individuals particularly
sensitive to PM2.5 exposure include older adults, people
with heart and lung disease, and children.
    EPA has revised the NAAQS for PM2.5 on multiple
occasions, most recently in 2012. On December 14, 2012, the annual
primary standard for PM2.5 was lowered from 15 micrograms
per meter cubed ([mu]g/m\3\) to 12 [mu]g/m\3\. See 78 FR 3087 (January
15, 2013). The existing 24-hour standards (primary and secondary) were
retained at 35 [mu]g/m\3\, as was the annual secondary standard of 15
[mu]g/m\3\. Upon promulgation of the 2012 PM2.5 NAAQS, EPA
formally classified all of Allegheny County, Pennsylvania as moderate
nonattainment for the 2012 annual PM2.5 standard. See 80 FR
2206 (January 15, 2015).

B. Purpose of SIP Revision 90A

    For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as ``Nonattainment New Source Review.'' See CAA
section 172(c)(5).
    ACHD's Revision 90A revises NNSR permit requirements for major
sources of PM2.5. Specifically, ACHD's Article XXI has been
amended to implement additional provisions pertaining to
PM2.5 precursors, as promulgated in EPA's rule entitled Fine
Particulate Matter National Ambient Air Quality Standards: State
Implementation Plan Requirements (2016 Implementation Rule). See 81 FR
58010 (August 24, 2016).
    As required by EPA's 2016 Implementation Rule, which implements the
D.C. Circuit court's January 2013 decision in NRDC v. EPA,\2\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \3\ that
require the control of major sources of PM10 precursors (and
hence under the court decision, PM2.5 precursors) ``except
where the Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' The 2016 Implementation Rule amended the definitions of (1)
regulated NSR pollutant with regard to PM2.5 precursors; (2)
major stationary source with regard to major sources locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) significant with regard to emissions of
PM2.5 precursors.
---------------------------------------------------------------------------

    \2\ 706 F.3d 428 (D.C. Cir. 2013).
    \3\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
---------------------------------------------------------------------------

C. EPA's Findings of Failure To Submit

    On April 6, 2018, EPA issued its final Findings of Failure to
Submit (Findings) to three states, which included Allegheny County,
Pennsylvania. See 83 FR 14759. In its Findings, EPA found that
Allegheny County failed to submit a timely revision to their SIP as
required to satisfy CAA requirements for implementation of the 2012
PM2.5 NAAQS. EPA's Findings apply to states with overdue SIP
revisions for areas initially designated as nonattainment and
classified as moderate for the 2012 PM2.5 NAAQS on April 15,
2015.
    Specific to this rulemaking action is ACHD's failure to submit
revisions to its NNSR requirements. ACHD was required to submit its
NNSR SIP revision to EPA for approval by October 15, 2016. See 83 FR
14759 (April 6, 2018). ACHD did not meet this deadline, hence EPA's
issuance of its April 6, 2018 Findings, which became effective as of
May 7, 2018. As a result of EPA's Findings, ACHD was given 18 months
after the effective date of EPA's Findings to submit all applicable
moderate area requirements or the imposition of sanctions would occur
for the affected moderate nonattainment area, the Allegheny County,
Pennsylvania nonattainment area.\4\
---------------------------------------------------------------------------

    \4\ EPA's April 6, 2018 Findings became effective on May 7,
2018, therefore, the 18-month sanctions clock for ACHD to submit its
NNSR SIP revision ended on November 7, 2019.
---------------------------------------------------------------------------

    ACHD's Article XXI, section 2102.06 incorporates by reference the
NNSR requirements of 25 Pa. Code Chapter 127, subchapter E. However,
because Pennsylvania's regulations (25 Pa. Code Chapter 127, subchapter
E) do not contain the necessary 2012 PM2.5 NAAQS precursor
specific provisions, ACHD cannot simply rely on them via incorporation
by reference. Therefore, proposed SIP Revision 90A updates ACHD's
regulations to include the required PM2.5 NNSR provisions in
response to EPA's 2016 Implementation Rule requirements. See 81 FR
58010 (August 24, 2016) and 40 CFR 51.165.
    With this proposed rulemaking action, ACHD has met its obligation
under EPA's April 6, 2018 Findings to submit a NNSR SIP revision prior
to November 7, 2019. See 83 FR 14759. On July 24, 2019, via letter, EPA
deemed ACHD's May 23, 2019 SIP submittal administratively and
technically complete, in accordance with the requirements of 40 CFR
part 51, Appendix V, which in turn stopped the sanctions clock.\5\
---------------------------------------------------------------------------

    \5\ A copy of the completeness letter can be found in the Docket
for this rulemaking action. Please see Docket ID No. EPA-R03-OAR-
2019-0469 at https://www.regulations.gov.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

A. Summary of SIP Revision

    ACHD's Board of Health adopted changes to sections 2102.06 and
2101.20 of Article XXI on January 9, 2019, which subsequently became
effective on March 3, 2019. PADEP submitted SIP Revision 90A to EPA for
inclusion in the Allegheny County portion of the Pennsylvania SIP on
May 23, 2019, via the EPA State Planning electronic Collaboration
System (SPeCS).
    PADEP is the Governor's designee for submitting official revisions
of the Allegheny County portion of the Pennsylvania SIP to EPA, and
ACHD is the local agency responsible for regulating and permitting the
construction and modification of stationary sources within Allegheny
County, Pennsylvania. Article XXI contains Allegheny County's NNSR
permit program applicable to new and modified major sources emitting
PM2.5 and PM2.5 precursors.
    The Allegheny County portion of the Pennsylvania SIP currently
contains a version of Article XXI (Air Pollution

Control) that was approved into the SIP on March 30, 2015. See 80 FR
16570.
    For areas designated as nonattainment for one or more NAAQS, the
SIP must include preconstruction permit requirements for new or
modified major stationary sources of such nonattainment pollutant(s),
commonly referred to as NNSR. CAA 172(c)(5). Article XXI addresses NNSR
permit requirements for major sources of PM2.5. ACHD's
Revision 90A has been amended to implement additional provisions
pertaining to precursors, as promulgated in EPA's final 2016
Implementation Rule.\6\
---------------------------------------------------------------------------

    \6\ See 81 FR 58010 (August 24, 2016).
---------------------------------------------------------------------------

B. EPA's Analysis

    Under EPA's 2016 Implementation Rule, which implements the D.C.
Circuit court's January 2013 decision in NRDC v. EPA,\7\ areas
classified as nonattainment for any PM2.5 NAAQS are required
to comply with the parts of CAA subpart 4 section 189(e) \8\ that
require the control of major stationary sources of PM10
precursors (and hence under the court decision, PM2.5
precursors) ``except where the Administrator determines that such
sources do not contribute significantly to PM10 levels which
exceed the standard in the area.'' As mentioned previously, the 2016
Implementation Rule amended the definitions of (1) regulated NSR
pollutant with regard to PM2.5 precursors; (2) major
stationary source with regard to major sources locating in
PM2.5 nonattainment areas classified as moderate and
serious; and (3) significant with regard to emissions of
PM2.5 precursors. Article XXI is subject to these new
regulatory requirements. Allegheny County is classified as a moderate
nonattainment area for the 2012 PM2.5 NAAQS.\9\ The major
source permitting threshold for a moderate PM2.5
nonattainment area is 100 tons per year (tpy) of direct
PM2.5 or any PM2.5 precursor, and 70 tpy for a
serious PM2.5 nonattainment area.\10\
---------------------------------------------------------------------------

    \7\ 706 F.3d 428 (D.C. Cir. 2013).
    \8\ This requirement was codified in 40 CFR 51.165(a)(13). See
81 FR 58010 (August 24, 2016).
    \9\ On January 15, 2015, EPA designated all of Allegheny County
as moderate nonattainment for the 2012 annual PM2.5
standard. See 80 FR 2206.
    \10\ While Allegheny County has never been classified as a
serious nonattainment area for any PM2.5 NAAQS, ACHD has
revised Article XXI to include the lower emissions threshold of 70
tpy for direct PM2.5 and all four PM2.5
precursors.
---------------------------------------------------------------------------

    EPA evaluated the revised portions of Article XXI to determine if
the revisions meet current applicable requirements for a
PM2.5 NNSR permit program. Section 2102.06--(1) contains
revisions to clarify that Article XXI applies to major polluting
facilities that will emit PM2.5 or its precursors in areas
designated as nonattainment for PM2.5; (2) the definition of
``major facility'' has been updated to include a 70 tpy emissions
threshold for PM2.5 and all precursors to PM2.5;
(3) the definition of ``regulated NSR pollutant'' has been updated to
include SO2, VOC, and ammonia in all PM2.5
nonattainment areas; (4) revisions were made to the definition of
``significant'' to include emission rates for PM2.5 at 10
tpy and emission rates for PM2.5 precursors as follows: 40
tpy of SO2, 40 tpy of VOC, 40 tpy of ammonia, and 40 tpy of
NOX; and (5) revisions were made to clarify that under
Article XXI, ``significance level(s) shall mean ``significant air
quality impact'' as defined under Article XXI. EPA finds these
revisions approvable. Section 2102.06(b)(3)--Emission Offsets,
establishes offset ratios for VOC and ammonia at a ratio of 1:1 for
flue emissions and fugitive emissions in Allegheny County. EPA finds
the addition of offset ratios to be approvable, as they match what is
already in Article XXI for PM2.5 and NOX and
SO2. Section 2101.20--Definitions, was amended to add
``significant air quality impact'' levels for PM2.5 at 0.2
[micro]g/m\3\ for the annual averaging time and 1.2 [micro]g/m\3\ for
the 24 hour averaging time. ACHD's annual averaging time is more
stringent than what EPA requires in 40 CFR 51.165(b)(2), therefore, EPA
finds this more stringent requirement approvable.

III. Proposed Action

    EPA's review of this material indicates that ACHD's May 23, 2019
SIP submittal is approvable and meets the requirements of 40 CFR 51.165
and are in accordance with CAA section 110. EPA is proposing to approve
the May 23, 2019 submittal, which included revisions to ACHD Rules and
Regulations, Article XXI (Air Pollution Control), sections 2102.06
(Major Sources Locating in or Impacting a Nonattainment Area), and
2101.20 (Definitions), as a revision to the Allegheny County portion of
the Pennsylvania SIP. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the ACHD Rules and Regulations, Article XXI (Air Pollution
Control), sections 2102.06 (Major Sources Locating in or Impacting a
Nonattainment Area), and 2101.20 (Definitions) discussed in Section II
of this preamble.
    EPA has made, and will continue to make, these materials generally
available through https://www.regulations.gov and at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because

application of those requirements would be inconsistent with the CAA;
and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to NNSR requirements
under the 2012 PM2.5 NAAQS, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: February 21, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020-04456 Filed 3-4-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58718-58722]
[FR Doc No: 2017-26842]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1104; Product Identifier 2017-NM-153-AD; Amendment
39-19130; AD 2017-25-16]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A330-200, A330-200

Freighter, and A330-300 series airplanes; and Airbus Model A340-200,
A340-300, A340-500, and A340-600 series airplanes. This AD requires
repetitive inspections of certain fuel pumps for cavitation erosion,
corrective action if necessary, and revision of the minimum equipment
list (MEL). This AD was prompted by a report indicating that a fuel
pump showing cavitation erosion breached the fuel pump housing and
exposed the fuel pump power supply wires. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective December 29, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 29,
2017.
    We must receive comments on this AD by January 29, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 45 80; email [email protected]; internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW, Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1104.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1104; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone<PHONE_NUMBER>; fax 425-227-
1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA
Airworthiness Directive 2017-0224, dated November 10, 2017 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Airbus Model
A330-200, A330-200 Freighter, and A330-300 series airplanes; and Airbus
Model A340-200, A340-300, A340-500, and A340-600 series airplanes. The
MCAI states:

    An occurrence was reported of a fuel pump showing cavitation
erosion which breached the fuel pump housing through the inlet webs
and exposed the fuel pump power supply wires. Inspections
accomplished on fuel pumps removed from other aeroplanes identified
signs of erosion in varying degrees. However, no other instance of
break-through due to cavitation erosion was found. A list of
potentially affected fuel pump Part Numbers (P/N) was established.
    This condition, if not detected and corrected, could result, in
case the pump is running dry, in an ignition source in the fuel
tank, which may result in a fuel tank explosion and consequent loss
of the aeroplane.
    To address this potential unsafe condition, Airbus issued Alert
Operators Transmission (AOT) A28L006-17 to provide instructions to
inspect some fuel pumps when installed at specific positions, and to
update the applicable Master Minimum Equipment List (MMEL).
    For the reasons described above, this [EASA] AD requires
repetitive inspections of these fuel pumps and, depending on
findings, replacement of damaged fuel pumps with serviceable parts.
This [EASA] AD also requires an update of the applicable MMEL, and
the reporting of inspection results to Airbus.
    This [EASA] AD is considered to be an interim measure and
further [EASA] AD action may follow.

Although the MCAI requires updating the ``master minimum equipment list
(MMEL),'' this AD requires revising the ``minimum equipment list
(MEL).'' The MMEL is a master list of the minimum equipment that the
airplane can operate with under given circumstances. A MEL is derived
from the MMEL and is tailored for individual operators. You may examine
the MCAI on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-1104.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission A28L006-17, Rev. 00,
dated November 3, 2017. The service information describes procedures
for inspection of certain fuel pumps for cavitation erosion, and
corrective actions. The service information also describes dispatch
restrictions that affect the MEL. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
unsafe condition could result in an ignition source in the fuel tank,
which could result in a fuel tank explosion. Therefore, we determined
that notice and opportunity for public comment before issuing this AD
are impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant

data, views, or arguments about this AD. Send your comments to an
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2017-1104; Product Identifier 2017-NM-153-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 107 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                    Labor cost           Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.................  4 work-hours x $85 per                 $0  $340 per inspection  $36,380 per
                              hour = $340 per                            cycle.               inspection cycle.
                              inspection cycle.
Reporting..................  1 work-hour x $85 per                   0  $85 per inspection   $9,095 per
                              hour = $85 per                             cycle.               inspection cycle.
                              inspection cycle.
MEL revision...............  1 work-hour x $85 per                   0  $85................  $9,095.
                              hour = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  2 work-hours x $85 per hour = $170.          $8,000          $8,170
----------------------------------------------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2017-25-16 Airbus: Amendment 39-19130; Docket No. FAA-2017-1104;
Product Identifier 2017-NM-153-AD.

(a) Effective Date

    This AD becomes effective December 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs
(c)(1) through (c)(7) of this AD, certificated in any category, all
manufacturer serial numbers.
    (1) Model A330-223F and -243F airplanes.
    (2) Model A330-201, -202, -203, -223, and -243 airplanes.
    (3) Model A330-301, -302, -303, -321, -322, -323, -341, -342,
and -343 airplanes.
    (4) Model A340-211, -212, and -213 airplanes.
    (5) Model A340-311, -312, and -313 airplanes.
    (6) Model A340-541 airplanes.
    (7) Model A340-642 airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel System.

(e) Reason

    This AD was prompted by a report indicating that a fuel pump
showing cavitation erosion breached the fuel pump housing and
exposed the fuel pump power supply wires. We are issuing this AD to
detect and correct cavitation erosion of certain fuel pumps, which
could result, if the pump is running dry, in an ignition source in
the fuel tank, and consequent fuel tank explosion.

(f) Compliance

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

(g) Definition of Affected Fuel Pump

    (1) For the purpose of this AD, an affected fuel pump has part
number (P/N) 568-1-28300-101, P/N 568-1-28300-103, or P/N 568-1-
28300-200, and is located at one of the positions specified in
paragraph 3.3 of Airbus Alert Operators Transmission (AOT) A28L006-
17, Rev. 00, dated November 3, 2017.
    (2) A fuel pump having P/N 568-1-28300-101, P/N 568-1-28300-103,
or P/N 568-1-28300-200 that is installed in locations other than
those specified in paragraph 3.3 of Airbus AOT A28L006-17, Rev. 00,
dated November 3, 2017, is not affected by the inspection
requirements of paragraph (i) of this AD.

(h) Airplane Group Designations

    For the purpose of this AD, airplane groups are designated as
specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Group 1 airplanes are equipped with an affected fuel pump.
    (2) Group 2 airplanes are not equipped with an affected fuel
pump.

(i) Inspections

    For Group 1 airplanes: Before an affected pump exceeds 10,000
flight hours since first installation on an airplane, or the
applicable time specified in paragraph (i)(1) or (i)(2) of this AD,
whichever occurs later, inspect all affected fuel pumps for
cavitation erosion, in accordance with the instruction of Airbus AOT
A28L006-17, Rev. 00, dated November 3, 2017. Repeat the inspection
thereafter at intervals not to exceed the applicable time specified
in table 1 to paragraph (i) of this AD.
    (1) For a center tank, rear center tank, or aft transfer fuel
pump: Within 30 days after the effective date of this AD.
    (2) For a stand-by fuel pump: Within 40 days after the effective
date of this AD.

  Table 1 to Paragraph (i) of This AD--Repetitive Inspection Intervals
------------------------------------------------------------------------
                                                            Inspection
             Erosion--as defined in the AOT                 interval in
                                                           flight hours
------------------------------------------------------------------------
No erosion..............................................           5,000
Case 1: Light erosion...................................           5,000
Case 2: Medium erosion..................................             800
------------------------------------------------------------------------

(j) Corrective Actions

    If, during any inspection required by paragraph (i) of this AD,
severe erosion (Case 3), as specified in Airbus AOT A28L006-17, Rev.
00, dated November 3, 2017, is found on a fuel pump: Before further
flight, replace that fuel pump with a serviceable part, or
deactivate that fuel pump as specified in the minimum equipment list
(MEL), in accordance with the instructions of Airbus AOT A28L006-17,
Rev. 00, dated November 3, 2017.

(k) Part Installation Limitations

    (1) As of the effective date of this AD, a fuel pump having P/N
568-1-28300-101, P/N 568-1-28300-103, or P/N 568-1-28300-200 may be
installed on an airplane, provided that the part is new, or, prior
to installation, the part has passed the inspection (no erosion or
Case 1: Light erosion) required by paragraph (i) of this AD and,
following installation, the part is inspected within the applicable
repetitive intervals and as required by paragraph (i) of this AD.
    (2) As of the effective date of this AD, a fuel pump having P/N
568-1-28300-101, P/N 568-1-28300-103, or P/N 568-1-28300-200, with
Case 2 (medium erosion), as specified in Airbus AOT A28L006-17, Rev.
00, dated November 3, 2017, may be installed on an airplane provided
the fuel pump is not installed at a location specified in paragraph
3.3 of Airbus AOT A28L006-17, Rev. 00, dated November 3, 2017.

(l) MEL Revision

    (1) Within 30 days after the effective date of this AD, revise
the applicable MEL, in accordance with the instructions of Airbus
AOT A28L006-17, Rev. 00, dated November 3, 2017, and thereafter
operate the airplane accordingly.
    (2) For Model A340-500 and A340-600 airplanes: In addition to
the MEL revision required by paragraph (l)(1) of this AD, revise the
applicable MEL to include the information specified in table 2 to
paragraph (l)(2) of this AD, and thereafter operate the airplane
accordingly.

 Table 2 to Paragraph (l)(2) of This AD--Amendment to MEL Items 28-27-06
                              and 28-27-07
------------------------------------------------------------------------
        Applicability                        MEL amendment
------------------------------------------------------------------------
Model A340-500 and A340-600    MEL Items 28-27-06 and 28-27-07 can be
 series airplanes.              applied, provided that the related
                                circuit breaker is pulled and tagged for
                                the duration of the MEL item.
------------------------------------------------------------------------

(m) Reporting

    At the applicable time specified in paragraph (m)(1) or (m)(2)
of this AD: Report the results (including no findings) of each
inspection required by paragraph (i) of this AD to
[email protected], in accordance with the instructions
in Airbus AOT A28L006-17, Rev. 00, dated November 3, 2017.
    (1) If the inspection was done on or before the effective date
of this AD: Report within 10 days after the effective date of this
AD.
    (2) If the inspection was done after the effective date of this
AD: Report within 10 days after the inspection.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in

paragraph (o)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Airbus's EASA Design Organization Approval
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2017-0224, dated November 10,
2017, for related information. You may examine the MCAI on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-1104.
    (2) For more information about this AD, contact Vladimir
Ulyanov, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission A28L006-17, Rev. 00,
dated November 3, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email [email protected];
internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW, Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 4, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-26842 Filed 12-13-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22333-22334]
[FR Doc No: 2016-08646]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77581; File No. SR-FINRA-2015-054]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Partial Amendment No. 1 to
Proposed Rule Change Relating to Proposed Rule Change To Adopt FINRA
Capital Acquisition Broker Rules

April 11, 2016.

I. Introduction

    On December 4, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (the
``Commission'' or ``SEC'') proposed rule change SR-FINRA-2015-054,
pursuant to which FINRA proposed to adopt a rule set that would apply
exclusively to firms that meet the definition of ``capital acquisition
broker'' and that elect to be governed under this rule set
(collectively, the ``CAB Rules'').
    The Commission published the proposed rule change for public
comment in the Federal Register on December 23, 2015.\1\ The Commission
received 17 comment letters in response to the proposed rule change.\2\
On January 28, 2016, FINRA extended the time period in which the
Commission must approve the proposed rule change, disapprove the
proposed rule change or institute proceedings to determine whether to
approve or disapprove the proposed rule change to March 22, 2016.
---------------------------------------------------------------------------

    \1\ Securities Exchange Act Release No. 76675 (December 17,
2015), 80 FR 79969 (December 23, 2015) (Notice of Filing of File No.
SR-FINRA-2015-054) (``Notice of Filing'').
    \2\ Letters from Peter W. LaVigne, Esq., Chair, Securities
Regulation Committee, Business Law Section, New York State Bar
Association, dated January 22, 2016; Judith M. Shaw, President,
North American Securities Administrators Association, Inc., dated
January 15, 2016; Timothy Cahill, President, Compass Securities
Corporation, dated January 13, 2016; Mark Fairbanks, President,
Foreside Distributors, dated January 13, 2016; Dan Glusker, Perkins
Fund Marketing, LLC, dated January 13, 2016; Steven Jafarzadeh,
CAIA, Managing Director, CCO Partner, Stonehaven, dated January 13,
2016; Richard A. Murphy, Manager, North Bridge Capital LLC, dated
January 13, 2016; Ron Oldenkamp, President, Genesis Marketing Group,
dated January 13, 2016; Michael S. Quinn, Member and CCO, Q Advisors
LLC, dated January 13, 2016; Lisa Roth, President, Monahan & Roth,
LLC, dated January 13, 2016; Howard Spindel, Senior Managing
Director, and Cassondra E. Joseph, Managing Director, Integrated
Management Solutions USA LLC, dated January 13, 2016; Sajan K.
Thomas, President, and Stephen J. Myott, Chief Compliance Officer,
Thomas Capital Group, Inc., dated January 13, 2016; Donna DiMaria,
Chairman of the Board of Directors, and Lisa Roth, Board of
Directors, Third Party Marketers Association, dated January 12,
2016; Frank P. L. Minard, Managing Partner, XT Capital Partners,
LLC, dated January 12, 2016; Arne Rovell, Coronado Investments, LLC,
dated January 6, 2016; Daniel H. Kolber, President/CEO, Intellivest
Securities, Inc., dated December 30, 2016; and Roger W. Mehle,
Chairman and CEO, Archates Capital Advisors LLC, dated December 29,
2015.
---------------------------------------------------------------------------

    On March 23, 2016, the Commission published in the Federal Register
an order to solicit comments on the proposed rule change and to
institute proceedings pursuant to Section 19(b)(2)(B) of the Securities
Exchange Act of 1934 (``Exchange Act'') \3\ to determine whether to
approve or disapprove the proposed rule change.\4\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(2)(B).
    \4\ Securities Exchange Act Release No. 77391 (March 17, 2016),
81 FR 15588 (March 23, 2016) (Order Instituting Proceedings To
Determine Whether to Approve or Disapprove Proposed Rule Change to
Adopt FINRA Capital Acquisition Broker Rules on File No. SR-FINRA-
2015-054).
---------------------------------------------------------------------------

    As described further below, on March 29, 2016 FINRA filed a partial
amendment to its proposed rule change in response to comments on the
Notice of Filing.

II. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Amendment

    In response to comments on the Notice of Filing, FINRA filed a
Partial Amendment No. 1 to amend proposed CAB Rule 016(c)(2) to clarify
that the definition of ``capital acquisition broker'' does not include
any broker or dealer that effects securities transactions that would
require the broker or dealer to report the transaction under the FINRA
Rules 6300 Series, 6400 Series, 6500 Series, 6600 Series, 6700 Series,
7300 Series or 7400 Series. With this Partial Amendment No. 1, FINRA
filed: (1) Exhibit 4, which reflects changes to the text of the
proposed rule change pursuant to this Partial Amendment No. 1, marked
to show additions to the text as proposed in the original filing; and
(2) Exhibit 5, which reflects the changes to the current rule text that
are proposed in the proposed rule change, as amended by this Partial
Amendment No. 1.

III. Date of Effectiveness of the Proposed Rule Change as Modified by
Partial Amendment No.1 and Timing for Commission Action

    Within 180 days after the date of publication of the initial Notice
of Filing in the Federal Register or within such longer period up to an
additional 60 days (i) as the Commission may designate if it finds such
longer period to be appropriate and publishes its reasons for so
finding or (ii) as to which the self-regulatory organization consents,
the Commission will issue an

order approving or disapproving such proposed rule change, as amended.

IV. 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 by Partial Amendment No. 1, is consistent with the
Exchange Act. Comments may be submitted by any of the following
methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-054 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2015-054. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of FINRA.
    All comments received will be posted without change. The Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2015-054
and should be submitted on or before May 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08646 Filed 4-14-16; 8:45 am]
 BILLING CODE 8011-01-P