Season opt-in unit shall remain subject to the requirements for a CAIR
NOX Ozone Season opt-in unit, even if the CAIR designated
representative for the CAIR NOX Ozone Season opt-in unit
fails to submit a CAIR permit application that is required for renewal
of the CAIR opt-in permit under paragraph (b)(1) of this section.

Sec.  97.384  Opt-in process.

    The permitting authority will issue or deny a CAIR opt-in permit
for a unit for which an initial application for a CAIR opt-in permit
under Sec.  97.383 is submitted in accordance with the following, to
the extent provided in a State implementation plan revision submitted
in accordance with

Sec.  51.123(ee)(3)(i), (ii), or (iii) of this chapter and approved by
the Administrator:
    (a) Interim review of monitoring plan. The permitting authority and
the Administrator will determine, on an interim basis, the sufficiency
of the monitoring plan accompanying the initial application for a CAIR
opt-in permit under Sec.  97.383. A monitoring plan is sufficient, for
purposes of interim review, if the plan appears to contain information
demonstrating that the NOX emissions rate and heat input of
the unit and all other applicable parameters are monitored and reported
in accordance with subpart HHHH of this part. A determination of
sufficiency shall not be construed as acceptance or approval of the
monitoring plan.
    (b) Monitoring and reporting. (1)(i) If the permitting authority
and the Administrator determine that the monitoring plan is sufficient
under paragraph (a) of this section, the owner or operator shall
monitor and report the NOX emissions rate and the heat input
of the unit and all other applicable parameters, in accordance with
subpart HHHH of this part, starting on the date of certification of the
appropriate monitoring systems under subpart HHHH of this part and
continuing until a CAIR opt-in permit is denied under Sec.  97.384(f)
or, if a CAIR opt-in permit is issued, the date and time when the unit
is withdrawn from the CAIR NOX Ozone Season Trading Program
in accordance with Sec.  97.386.
    (ii) The monitoring and reporting under paragraph (b)(1)(i) of this
section shall include the entire control period immediately before the
date on which the unit enters the CAIR NOX Ozone Season
Trading Program under Sec.  97.384(g), during which period monitoring
system availability must not be less than 90 percent under subpart HHHH
of this part and the unit must be in full compliance with any
applicable State or Federal emissions or emissions-related
requirements.
    (2) To the extent the NOX emissions rate and the heat
input of the unit are monitored and reported in accordance with subpart
HHHH of this part for one or more control periods, in addition to the
control period under paragraph (b)(1)(ii) of this section, during which
control periods monitoring system availability is not less than 90
percent under subpart HHHH of this part and the unit is in full
compliance with any applicable State or Federal emissions or emissions-
related requirements and which control periods begin not more than 3
years before the unit enters the CAIR NOX Ozone Season
Trading Program under Sec.  97.384(g), such information shall be used
as provided in paragraphs (c) and (d) of this section.
    (c) Baseline heat input. The unit's baseline heat rate shall equal:
    (1) If the unit's NOX emissions rate and heat input are
monitored and reported for only one control period, in accordance with
paragraph (b)(1) of this section, the unit's total heat input (in
mmBtu) for the control period; or
    (2) If the unit's NOX emissions rate and heat input are
monitored and reported for more than one control period, in accordance
with paragraphs (b)(1) and (2) of this section, the average of the
amounts of the unit's total heat input (in mmBtu) for the control
periods under paragraphs (b)(1)(ii) and (2) of this section.
    (d) Baseline NOX emission rate. The unit's baseline NOX
emission rate shall equal:
    (1) If the unit's NOX emissions rate and heat input are
monitored and reported for only one control period, in accordance with
paragraph (b)(1) of this section, the unit's NOX emissions
rate (in lb/mmBtu) for the control period;
    (2) If the unit's NOX emissions rate and heat input are
monitored and reported for more than one control period, in accordance
with paragraphs (b)(1) and (2) of this section, and the unit does not
have add-on NOX emission controls during any such control
periods, the average of the amounts of the unit's NOX
emissions rate (in lb/mmBtu) for the control periods under paragraphs
(b)(1)(ii) and (2) of this section; or
    (3) If the unit's NOX emissions rate and heat input are
monitored and reported for more than one control period, in accordance
with paragraphs (b)(1) and (2) of this section, and the unit has add-on
NOX emission controls during any such control periods, the
average of the amounts of the unit's NOX emissions rate (in
lb/mmBtu) for such control periods during which the unit has add-on
NOX emission controls.
    (e) Issuance of CAIR opt-in permit. After calculating the baseline
heat input and the baseline NOX emissions rate for the unit
under paragraphs (c) and (d) of this section and if the permitting
authority determines that the CAIR designated representative shows that
the unit meets the requirements for a CAIR NOX Ozone Season
opt-in unit in Sec.  97.380 and meets the elements certified in Sec.
97.383(a)(2), the permitting authority will issue a CAIR opt-in permit.
The permitting authority will provide a copy of the CAIR opt-in permit
to the Administrator, who will then establish a compliance account for
the source that includes the CAIR NOX Ozone Season opt-in
unit unless the source already has a compliance account.
    (f) Issuance of denial of CAIR opt-in permit. Notwithstanding
paragraphs (a) through (e) of this section, if at any time before
issuance of a CAIR opt-in permit for the unit, the permitting authority
determines that the CAIR designated representative fails to show that
the unit meets the requirements for a CAIR NOX Ozone Season
opt-in unit in Sec.  97.380 or meets the elements certified in Sec.
97.383(a)(2), the permitting authority will issue a denial of a CAIR
opt-in permit for the unit.
    (g) Date of entry into CAIR NOX Ozone Season Trading
Program. A unit for which an initial CAIR opt-in permit is issued by
the permitting authority shall become a CAIR NOX Ozone
Season opt-in unit, and a CAIR NOX Ozone Season unit, as of
the later of May 1, 2009 or May 1 of the first control period during
which such CAIR opt-in permit is issued.
    (h) Repowered CAIR NOX Ozone Season opt-in unit. (1) If
CAIR designated representative requests, and the permitting authority
issues a CAIR opt-in permit providing for, allocation to a CAIR
NOX Ozone Season opt-in unit of CAIR NOX Ozone
Season allowances under Sec.  97.388(c) and such unit is repowered
after its date of entry into the CAIR NOX Ozone Season
Trading Program under paragraph (g) of this section, the repowered unit
shall be treated as a CAIR NOX Ozone Season opt-in unit
replacing the original CAIR NOX Ozone Season opt-in unit, as
of the date of start-up of the repowered unit's combustion chamber.
    (2) Notwithstanding paragraphs (c) and (d) of this section, as of
the date of start-up under paragraph (h)(1) of this section, the
repowered unit shall be deemed to have the same date of commencement of
operation, date of commencement of commercial operation, baseline heat
input, and baseline NOX emission rate as the original CAIR
NOX Ozone Season opt-in unit, and the original CAIR
NOX Ozone Season opt-in unit shall no longer be treated as a
CAIR NOX Ozone Season opt-in unit or a CAIR NOX
Ozone Season unit.

Sec.  97.385  CAIR opt-in permit contents.

    (a) Each CAIR opt-in permit will contain:
    (1) All elements required for a complete CAIR permit application
under Sec.  97.322;
    (2) The certification in Sec.  97.383(a)(2);
    (3) The unit's baseline heat input under Sec.  97.384(c);
    (4) The unit's baseline NOX emission rate under Sec.
97.384(d);

    (5) A statement whether the unit is to be allocated CAIR
NOX Ozone Season allowances under Sec.  97.388(b) or Sec.
97.388(c) (subject to the conditions in Sec. Sec.  97.384(h) and
97.386(g));
    (6) A statement that the unit may withdraw from the CAIR
NOX Ozone Season Trading Program only in accordance with
Sec.  97.386; and
    (7) A statement that the unit is subject to, and the owners and
operators of the unit must comply with, the requirements of Sec.
97.387.
    (b) Each CAIR opt-in permit is deemed to incorporate automatically
the definitions of terms under Sec.  97.302 and, upon recordation by
the Administrator under subpart FFFF or GGGG of this part or this
subpart, every allocation, transfer, or deduction of CAIR
NOX Ozone Season allowances to or from the compliance
account of the source that includes a CAIR NOX Ozone Season
opt-in unit covered by the CAIR opt-in permit.
    (c) The CAIR opt-in permit shall be included, in a format specified
by the permitting authority, in the CAIR permit for the source where
the CAIR NOX Ozone Season opt-in unit is located and in a
title V operating permit or other federally enforceable permit for the
source.

Sec.  97.386  Withdrawal from CAIR NOX Ozone Season Trading
Program.

    Except as provided under paragraph (g) of this section, a CAIR
NOX Ozone Season opt-in unit may withdraw from the CAIR
NOX Ozone Season Trading Program, but only if the permitting
authority issues a notification to the CAIR designated representative
of the CAIR NOX Ozone Season opt-in unit of the acceptance
of the withdrawal of the CAIR NOX Ozone Season opt-in unit
in accordance with paragraph (d) of this section.
    (a) Requesting withdrawal. In order to withdraw a CAIR
NOX Ozone Season opt-in unit from the CAIR NOX
Ozone Season Trading Program, the CAIR designated representative of the
CAIR NOX Ozone Season opt-in unit shall submit to the
permitting authority a request to withdraw effective as of midnight of
September 30 of a specified calendar year, which date must be at least
4 years after September 30 of the year of entry into the CAIR
NOX Ozone Season Trading Program under Sec.  97.384(g). The
request must be submitted no later than 90 days before the requested
effective date of withdrawal.
    (b) Conditions for withdrawal. Before a CAIR NOX Ozone
Season opt-in unit covered by a request under paragraph (a) of this
section may withdraw from the CAIR NOX Ozone Season Trading
Program and the CAIR opt-in permit may be terminated under paragraph
(e) of this section, the following conditions must be met:
    (1) For the control period ending on the date on which the
withdrawal is to be effective, the source that includes the CAIR
NOX Ozone Season opt-in unit must meet the requirement to
hold CAIR NOX Ozone Season allowances under Sec.  97.306(c)
and cannot have any excess emissions.
    (2) After the requirement for withdrawal under paragraph (b)(1) of
this section is met, the Administrator will deduct from the compliance
account of the source that includes the CAIR NOX Ozone
Season opt-in unit CAIR NOX Ozone Season allowances equal in
amount to and allocated for the same or a prior control period as any
CAIR NOX Ozone Season allowances allocated to the CAIR
NOX Ozone Season opt-in unit under Sec.  97.388 for any
control period for which the withdrawal is to be effective. If there
are no remaining CAIR NOX Ozone Season units at the source,
the Administrator will close the compliance account, and the owners and
operators of the CAIR NOX Ozone Season opt-in unit may
submit a CAIR NOX Ozone Season allowance transfer for any
remaining CAIR NOX Ozone Season allowances to another CAIR
NOX Ozone Season Allowance Tracking System in accordance
with subpart GGGG of this part.
    (c) Notification. (1) After the requirements for withdrawal under
paragraphs (a) and (b) of this section are met (including deduction of
the full amount of CAIR NOX Ozone Season allowances
required), the permitting authority will issue a notification to the
CAIR designated representative of the CAIR NOX Ozone Season
opt-in unit of the acceptance of the withdrawal of the CAIR
NOX Ozone Season opt-in unit as of midnight on September 30
of the calendar year for which the withdrawal was requested.
    (2) If the requirements for withdrawal under paragraphs (a) and (b)
of this section are not met, the permitting authority will issue a
notification to the CAIR designated representative of the CAIR
NOX Ozone Season opt-in unit that the CAIR NOX
Ozone Season opt-in unit's request to withdraw is denied. Such CAIR
NOX Ozone Season opt-in unit shall continue to be a CAIR
NOX Ozone Season opt-in unit.
    (d) Permit amendment. After the permitting authority issues a
notification under paragraph (c)(1) of this section that the
requirements for withdrawal have been met, the permitting authority
will revise the CAIR permit covering the CAIR NOX Ozone
Season opt-in unit to terminate the CAIR opt-in permit for such unit as
of the effective date specified under paragraph (c)(1) of this section.
The unit shall continue to be a CAIR NOX Ozone Season opt-in
unit until the effective date of the termination and shall comply with
all requirements under the CAIR NOX Ozone Season Trading
Program concerning any control periods for which the unit is a CAIR
NOX Ozone Season opt-in unit, even if such requirements
arise or must be complied with after the withdrawal takes effect.
    (e) Reapplication upon failure to meet conditions of withdrawal. If
the permitting authority denies the CAIR NOX Ozone Season
opt-in unit's request to withdraw, the CAIR designated representative
may submit another request to withdraw in accordance with paragraphs
(a) and (b) of this section.
    (f) Ability to reapply to the CAIR NOX Ozone Season Trading
Program. Once a CAIR NOX Ozone Season opt-in unit withdraws
from the CAIR NOX Ozone Season Trading Program and its CAIR
opt-in permit is terminated under this section, the CAIR designated
representative may not submit another application for a CAIR opt-in
permit under Sec.  97.383 for such CAIR NOX Ozone Season
opt-in unit before the date that is 4 years after the date on which the
withdrawal became effective. Such new application for a CAIR opt-in
permit will be treated as an initial application for a CAIR opt-in
permit under Sec.  97.384.
    (g) Inability to withdraw. Notwithstanding paragraphs (a) through
(f) of this section, a CAIR NOX Ozone Season opt-in unit
shall not be eligible to withdraw from the CAIR NOX Ozone
Season Trading Program if the CAIR designated representative of the
CAIR NOX Ozone Season opt-in unit requests, and the
permitting authority issues a CAIR opt-in permit providing for,
allocation to the CAIR NOX Ozone Season opt-in unit of CAIR
NOX Ozone Season allowances under Sec.  97.388(c).

Sec.  97.387  Change in regulatory status.

    (a) Notification. If a CAIR NOX Ozone Season opt-in unit
becomes a CAIR NOX Ozone Season unit under Sec.  97.304,
then the CAIR designated representative shall notify in writing the
permitting authority and the Administrator of such change in the CAIR
NOX Ozone Season opt-in unit's regulatory status, within 30
days of such change.
    (b) Permitting authority's and Administrator's actions. (1) If a
CAIR NOX Ozone Season opt-in unit becomes a CAIR
NOX Ozone Season unit under

Sec.  97.304, the permitting authority will revise the CAIR
NOX Ozone Season opt-in unit's CAIR opt-in permit to meet
the requirements of a CAIR permit under Sec.  97.323, and remove the
CAIR opt-in permit provisions, as of the date on which the CAIR
NOX Ozone Season opt-in unit becomes a CAIR NOX
Ozone Season unit under Sec.  97.304.
    (2)(i) The Administrator will deduct from the compliance account of
the source that includes the CAIR NOX Ozone Season opt-in
unit that becomes a CAIR NOX Ozone Season unit under Sec.
97.304, CAIR NOX Ozone Season allowances equal in amount to
and allocated for the same or a prior control period as:
    (A) Any CAIR NOX Ozone Season allowances allocated to
the CAIR NOX Ozone Season opt-in unit under Sec.  97.388 for
any control period after the date on which the CAIR NOX
Ozone Season opt-in unit becomes a CAIR NOX Ozone Season
unit under Sec.  97.304; and
    (B) If the date on which the CAIR NOX Ozone Season opt-
in unit becomes a CAIR NOX Ozone Season unit under Sec.
97.304 is not September 30, the CAIR NOX Ozone Season
allowances allocated to the CAIR NOX Ozone Season opt-in
unit under Sec.  97.388 for the control period that includes the date
on which the CAIR NOX Ozone Season opt-in unit becomes a
CAIR NOX Ozone Season unit under Sec.  97.304, multiplied by
the ratio of the number of days, in the control period, starting with
the date on which the CAIR NOX Ozone Season opt-in unit
becomes a CAIR NOX Ozone Season unit under Sec.  97.304
divided by the total number of days in the control period and rounded
to the nearest whole allowance as appropriate.
    (ii) The CAIR designated representative shall ensure that the
compliance account of the source that includes the CAIR NOX
Ozone Season unit that becomes a CAIR NOX Ozone Season unit
under ( 97.304 contains the CAIR NOX Ozone Season allowances
necessary for completion of the deduction under paragraph (b)(2)(i) of
this section.
    (3)(i) For every control period after the date on which the CAIR
NOX Ozone Season opt-in unit becomes a CAIR NOX
Ozone Season unit under Sec.  97.304, the CAIR NOX Ozone
Season opt-in unit will be allocated CAIR NOX Ozone Season
allowances under Sec.  97.342.
    (ii) If the date on which the CAIR NOX Ozone Season opt-
in unit becomes a CAIR NOX Ozone Season unit under Sec.
97.304 is not September 30, the following amount of CAIR NOX
Ozone Season allowances will be allocated to the CAIR NOX
Ozone Season opt-in unit (as a CAIR NOX Ozone Season unit)
under Sec.  97.342 for the control period that includes the date on
which the CAIR NOX Ozone Season opt-in unit becomes a CAIR
NOX Ozone Season unit under Sec.  97.304:
    (A) The amount of CAIR NOX Ozone Season allowances
otherwise allocated to the CAIR NOX Ozone Season opt-in unit
(as a CAIR NOX Ozone Season unit) under Sec.  97.342 for the
control period multiplied by;
    (B) The ratio of the number of days, in the control period,
starting with the date on which the CAIR NOX Ozone Season
opt-in unit becomes a CAIR NOX Ozone Season unit under Sec.
97.304, divided by the total number of days in the control period; and
    (C) Rounded to the nearest whole allowance as appropriate.

Sec.  97.388  CAIR NOX Ozone Season allowance allocations to
CAIR NOX Ozone Season opt-in units.

    (a) Timing requirements. (1) When the CAIR opt-in permit is issued
under Sec.  97.384(e), the permitting authority will allocate CAIR
NOX Ozone Season allowances to the CAIR NOX Ozone
Season opt-in unit, and submit to the Administrator the allocation for
the control period in which a CAIR NOX Ozone Season opt-in
unit enters the CAIR NOX Ozone Season Trading Program under
Sec.  97.384(g), in accordance with paragraph (b) or (c) of this
section.
    (2) By no later than July 31 of the control period after the
control period in which a CAIR NOX Ozone Season opt-in unit
enters the CAIR NOX Ozone Season Trading Program under Sec.
97.384(g) and July 31 of each year thereafter, the permitting authority
will allocate CAIR NOX Ozone Season allowances to the CAIR
NOX Ozone Season opt-in unit, and submit to the
Administrator the allocation for the control period that includes such
submission deadline and in which the unit is a CAIR NOX
Ozone Season opt-in unit, in accordance with paragraph (b) or (c) of
this section.
    (b) Calculation of allocation. For each control period for which a
CAIR NOX Ozone Season opt-in unit is to be allocated CAIR
NOX Ozone Season allowances, the permitting authority will
allocate in accordance with the following procedures, if provided in a
State implementation plan revision submitted in accordance with Sec.
51.123(ee)(3)(i), (ii), or (iii) of this chapter and approved by the
Administrator:
    (1) The heat input (in mmBtu) used for calculating the CAIR
NOX Ozone Season allowance allocation will be the lesser of:
    (i) The CAIR NOX Ozone Season opt-in unit's baseline
heat input determined under Sec.  97.384(c); or
    (ii) The CAIR NOX Ozone Season opt-in unit's heat input,
as determined in accordance with subpart HHHH of this part, for the
immediately prior control period, except when the allocation is being
calculated for the control period in which the CAIR NOX
Ozone Season opt-in unit enters the CAIR NOX Ozone Season
Trading Program under Sec.  97.384(g).
    (2) The NOX emission rate (in lb/mmBtu) used for
calculating CAIR NOX Ozone Season allowance allocations will
be the lesser of:
    (i) The CAIR NOX Ozone Season opt-in unit's baseline
NOX emissions rate (in lb/mmBtu) determined under Sec.
97.384(d) and multiplied by 70 percent; or
    (ii) The most stringent State or Federal NOX emissions
limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period for which CAIR
NOX Ozone Season allowances are to be allocated.
    (3) The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in
unit in an amount equaling the heat input under paragraph (b)(1) of
this section, multiplied by the NOX emission rate under
paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded
to the nearest whole allowance as appropriate.
    (c) Notwithstanding paragraph (b) of this section and if the CAIR
designated representative requests, and the permitting authority issues
a CAIR opt-in permit (based on a demonstration of the intent to repower
stated under Sec.  97.383 (a)(5)) providing for, allocation to a CAIR
NOX Ozone Season opt-in unit of CAIR NOX Ozone
Season allowances under this paragraph (subject to the conditions in
Sec. Sec.  97.384(h) and 97.386(g)), the permitting authority will
allocate to the CAIR NOX Ozone Season opt-in unit as
follows, if provided in a State implementation plan revision submitted
in accordance with Sec.  51.123(ee)(3)(i), (ii), or (iii) of this
chapter and approved by the Administrator:
    (1) For each control period in 2009 through 2014 for which the CAIR
NOX Ozone Season opt-in unit is to be allocated CAIR
NOX Ozone Season allowances,
    (i) The heat input (in mmBtu) used for calculating CAIR
NOX Ozone Season allowance allocations will be determined as
described in paragraph (b)(1) of this section.

    (ii) The NOX emission rate (in lb/mmBtu) used for
calculating CAIR NOX Ozone Season allowance allocations will
be the lesser of:
    (A) The CAIR NOX Ozone Season opt-in unit's baseline
NOX emissions rate (in lb/mmBtu) determined under Sec.
97.384(d); or
    (B) The most stringent State or Federal NOX emissions
limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period in which the CAIR
NOX Ozone Season opt-in unit enters the CAIR NOX
Ozone Season Trading Program under Sec.  97.384(g).
    (iii) The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in
unit in an amount equaling the heat input under paragraph (c)(1)(i) of
this section, multiplied by the NOX emission rate under
paragraph (c)(1)(ii) of this section, divided by 2,000 lb/ton, and
rounded to the nearest whole allowance as appropriate.
    (2) For each control period in 2015 and thereafter for which the
CAIR NOX Ozone Season opt-in unit is to be allocated CAIR
NOX Ozone Season allowances,
    (i) The heat input (in mmBtu) used for calculating the CAIR
NOX Ozone Season allowance allocations will be determined as
described in paragraph (b)(1) of this section.
    (ii) The NOX emission rate (in lb/mmBtu) used for
calculating the CAIR NOX Ozone Season allowance allocation
will be the lesser of:
    (A) 0.15 lb/mmBtu;
    (B) The CAIR NOX Ozone Season opt-in unit's baseline
NOX emissions rate (in lb/mmBtu) determined under Sec.
97.384(d); or
    (C) The most stringent State or Federal NOX emissions
limitation applicable to the CAIR NOX Ozone Season opt-in
unit at any time during the control period for which CAIR
NOX Ozone Season allowances are to be allocated.
    (iii) The permitting authority will allocate CAIR NOX
Ozone Season allowances to the CAIR NOX Ozone Season opt-in
unit in an amount equaling the heat input under paragraph (c)(2)(i) of
this section, multiplied by the NOX emission rate under
paragraph (c)(2)(ii) of this section, divided by 2,000 lb/ton, and
rounded to the nearest whole allowance as appropriate.
    (d) Recordation. If provided in a State implementation plan
revision submitted in accordance with Sec.  51.123(ee)(3)(i), (ii), or
(iii) of this chapter and approved by the Administrator:
    (1) The Administrator will record, in the compliance account of the
source that includes the CAIR NOX Ozone Season opt-in unit,
the CAIR NOX Ozone Season allowances allocated by the
permitting authority to the CAIR NOX Ozone Season opt-in
unit under paragraph (a)(1) of this section.
    (2) By September 1 of the control period in which a CAIR
NOX Ozone Season opt-in unit enters the CAIR NOX
Ozone Season Trading Program under Sec.  97.384(g) and September 1 of
each year thereafter, the Administrator will record, in the compliance
account of the source that includes the CAIR NOX Ozone
Season opt-in unit, the CAIR NOX Ozone Season allowances
allocated by the permitting authority to the CAIR NOX Ozone
Season opt-in unit under paragraph (a)(2) of this section.

Appendix A to Subpart IIII of Part 97--States With Approved State
Implementation Plan Revisions Concerning CAIR NOX Ozone
Season Opt-in Units

    1. The following States have State Implementation Plan revisions
under Sec.  51.123(ee)(3) of this chapter approved by the
Administrator and establishing procedures providing for CAIR
NOX Ozone Season opt-in units under subpart IIII of this
part and allocation of CAIR NOX Ozone Season allowances
to such units under Sec.  97.388(b):
    [Reserved]
    2. The following States have State Implementation Plan revisions
under Sec.  51.123(ee)(3) of this chapter approved by the
Administrator and establishing procedures providing for CAIR
NOX Ozone Season opt-in units under subpart IIII of this
part and allocation of CAIR NOX Ozone Season allowances
to such units under Sec.  97.388(c):
    [Reserved]

[FR Doc. 06-2692 Filed 4-27-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73421-73423]
[FR Doc No: 2020-23620]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1912

[Docket No. OSHA-2020-0010]
RIN 1218-AD33

Advisory Committee Regulation

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Final rule.

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SUMMARY: The Maritime Advisory Committee for Occupational Safety and
Health was formed in 1995 as a discretionary committee under Section
7(b) of the Occupational Safety and Health Act of 1970 (OSH Act) to
advise, consult with, and make recommendations on matters relating to
the maritime industry. On December 20, 2019, the President signed the
National Defense Authorization Act for Fiscal Year 2020, which
establishes a Maritime Advisory Committee on Occupational Safety and
Health (MACOSH) as a statutorily-mandated entity of indefinite
duration. In this final rule, OSHA amends the regulation on advisory
committee policies and procedures to implement this change in the
authority for MACOSH.

DATES: This final rule becomes effective on December 18, 2020.

FOR FURTHER INFORMATION CONTACT:
    Press inquiries: Frank Meilinger, OSHA Office of Communications,
Occupational Safety and Health Administration, U.S. Department of
Labor, telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    General information and technical inquiries: Maureen Ruskin,
Directorate of Standards and Guidance, Occupational Safety and Health
Administration, U.S. Department of Labor, telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    Copies of this Federal Register document: Electronic copies are
available at http://www.regulations.gov, the Federal eRulemaking
Portal. This Federal Register document, as well as news releases and
other relevant information, also are available on OSHA's web page at
http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Discussion of Changes
III. Legal Considerations
IV. Final Economic Analysis and Regulatory Flexibility Act
Certification
V. Office of Management and Budget Review Under the Paperwork
Reduction Act of 1995
VI. Unfunded Mandates Reform Act

I. Background

    The maritime industry is a high-risk industry where activities vary
from manufacturing-type work in shipyards to transportation-type work
in longshoring, as well as commercial fishing operations. Historically,
the maritime industry has experienced a high rate of work-related
fatalities, injuries, and illnesses. MACOSH was initially formed in
1995 (60 FR 8425) as a discretionary committee authorized by Section
7(b) of the OSH Act to advise, consult with, and make recommendations
to the Secretary of Labor (Secretary) on matters relating to the
maritime industry. It was preceded by the Shipyard Employment Standards
Advisory Committee, which advised OSHA on shipyard issues from 1988 to
1995. The committee name was changed to reflect the broadened scope of
advice that OSHA sought from the committee, which had been expanded to
include all types of maritime employment.
    MACOSH's advisory activities support OSHA's strategic goal of
promoting safe and healthful workplaces by providing collective
industry knowledge and expertise, not otherwise readily available to
the Secretary, to assist in addressing the unique hazards found within
the maritime sector. The committee's work has led to the development of
guidance and standards to promote the reduction of injuries, illnesses,
and fatalities in the maritime industry.
    On December 20, 2019, the President signed the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) (NDAA), which
establishes an advisory committee for the maritime industry as an
entity of indefinite duration. Specifically, section 3510 of the NDAA
amended section 7 of the OSH Act (29 U.S.C. 656) by adding a paragraph
(d) to establish a Maritime Occupational Safety and Health Advisory
Committee that is a continuing body and provides advice to the
Secretary in formulating maritime industry standards and regarding
matters pertaining to the administration of the OSH Act related to the
maritime industry. Paragraph (d) further provides that the composition
of such advisory committee must be consistent with the advisory
committees established under paragraph (b) and that a member of the
advisory committee who is otherwise qualified may continue to serve
until a successor is appointed. It also allows the Secretary to
promulgate or amend regulations as necessary to implement paragraph
(d).
    In order to implement the new Section 7(d) of the OSH Act, this
final rule amends the text of 29 CFR part 1912 to include an advisory
committee for the maritime industry of indefinite duration. The name of
this committee will be Maritime Advisory Committee on Occupational
Safety and Health (MACOSH). This amendment does not change the
composition of the committee, which must remain consistent with other
advisory committees established under section 7(b). However, it is
necessary to revise 29 CFR part 1912 to describe the organization and
operation of MACOSH.
    This rule is not an Executive Order (E.O.) 13771 regulatory action
because this rule is not significant under E.O. 12866.

II. Discussion of Changes

    OSHA's regulations, 29 CFR part 1912, Advisory Committees on
Standards, set forth the policies and procedures governing the
composition and function of OSHA advisory committees. Pursuant to the
NDAA's amendment of the OSH Act, MACOSH is now designated as a
statutorily mandated advisory committee. To implement this change, this
final rule

amends the purpose and scope section of part 1912 by adding MACOSH to
Sec.  1912.1(a). Section 1912.1(a) will continue to state that part
1912 covers the Advisory Committee on Construction Safety and Health,
as well as any advisory committees that may be appointed in the future
under section 7(b) of the OSH Act.
    This final rule also adds a new Sec.  1912.13 to set forth the
requirements pertaining to the composition and function of MACOSH.
Paragraph (a) of this section references section 3510 of the NDAA which
establishes MACOSH. In addition, paragraph (a) specifies that MACOSH
shall provide advice to the Secretary in formulating maritime industry
standards and regarding matters pertaining to the administration of
this Act related to the maritime industry. The Secretary may seek the
advice of this committee on activities in the maritime industry related
to the priorities set by the agency, including worker training,
education, and assistance; setting and enforcing standards; and
assurance of safe and healthful working conditions for America's
working men and women in the maritime industry. While MACOSH's
membership must be consistent with that of advisory committees
appointed under section 7(b) of the OSH Act, paragraph (a) of Sec.
1912.13 states that no other committee will be established to perform
the same function, unless the issue or issues involved extend beyond
maritime activity.
    This final rule adds Sec.  1912.13(b) to detail the organization of
MACOSH. Paragraph (b) states that MACOSH is a continuing advisory body,
with the makeup consistent with section 7(b) of the OSH Act. The
committee membership will be composed of 15 members appointed by the
Secretary, one of whom must be appointed as Chair. The composition of
MACOSH is as follows:
     One member who is a designee of the Secretary of Health
and Human Services (paragraph (b)(1));
     Equal representation of employers and employees,
consisting of at least one member who is qualified by experience and
affiliation to present the viewpoint of the employers involved, and at
least one member who is similarly qualified to present the viewpoint of
the employees involved (paragraph (b)(2));
     At least one representative of state health and safety
agencies (paragraph (b)(3)); and
     Other persons as the Secretary may appoint who are
qualified by knowledge and experience to make a useful contribution to
the work of the committee, including one or more representatives of
professional organizations of technicians or professionals specializing
in occupational safety or health, and one or more persons of nationally
recognized standards-producing organizations. However, the number of
such persons appointed may not exceed the number of persons appointed
as representatives of federal and state agencies. (Paragraph (b)(4)).
    This final rule adds Sec.  1912.13(c), which requires that the
Committee's membership term will be for a period of two years. However,
the Secretary has the authority to remove appointees at his or her
discretion at any time. If a member resigns or is removed before his or
her term expires, the Secretary may appoint a replacement to fulfill
the remaining unexpired term of the resigned member.
    This final rule adds Sec.  1912.13(d) to permit members to be
reappointed to successive terms. OSHA believes that returning members
will provide leadership by mentoring newly appointed members on the
practices and operations of the committee. In addition, membership
continuity allows projects to progress across MACOSH charters. Finally,
returning members will be familiar with agency priorities and previous
advice provided to the Secretary.
    This final rule adds Sec.  1912.13(e) to permit members to continue
serving until a successor is appointed. This provision is consistent
with Sec.  1912.3(i) that applies to the Advisory Committee on
Construction Safety and Health. A member's service beyond the two-year
appointment term pending the appointment of a successor will be at the
Secretary's discretion.
    Finally, this final rule adds Sec.  1912.13(f) to implement the
amendment to the OSH Act, under which MACOSH was designated a statutory
entity of indefinite duration. Paragraph (f) also specifies that the
Maritime Advisory Committee charter must be renewed every two years, in
accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C.
App. 2).

III. Legal Considerations

    MACOSH is established and operates in accordance with the
provisions of FACA, as amended (5 U.S.C. App. 2), the implementing
regulations (41 CFR parts 101-6 and 102-3), and chapter 1-900 of
Department of Labor Manual Series 3 (Aug. 31, 2020).
    The Department has determined that these amendments need not be
published as a proposed rule for comment under 5 U.S.C. 553(b) because
the amendments comprise a rule of agency organization, procedure, or
practice under 5 U.S.C. 553(b)(3)(A). Further, the final rule merely
implements a statutory procedural requirement and affects no private
rights or obligations, so public comment is unnecessary under 5 U.S.C.
553(b)(3)(B). Because this final rule is not substantive, and because
there is no reason to delay implementation as this rule does not
directly affect any private parties or require their compliance or
familiarization with this rule, the Department has determined that
delaying the effective date of the rule is unnecessary and good cause
exists under 5 U.S.C. 553(d) to make this rule effective immediately
upon publication in the Federal Register.

IV. Final Economic Analysis and Regulatory Flexibility Act
Certification

    Executive Orders 12866 and 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act (UMRA) (2 U.S.C.
1532(a)) require that OSHA estimate the benefits, costs, and net
benefits of regulations, and analyze the impacts of certain rules that
OSHA promulgates. E.O. 13563 emphasizes the importance of quantifying
both costs and benefits, reducing costs, harmonizing rules, and
promoting flexibility.
    This final rule is not an ``economically significant regulatory
action'' under Executive Order 12866, or a ``major rule'' under the
Congressional Review Act (5 U.S.C. 801 et seq.), and the impacts do not
trigger the analytical requirements of UMRA. Neither the benefits nor
the costs of this final rule would exceed $100 million in any given
year.

V. Office of Management and Budget Review Under the Paperwork Reduction
Act of 1995

    The amended regulation contain no additional information-collection
or record-keeping requirements under the Paperwork Reduction Act of
1995 (PRA), 44 U.S.C. 3501 et seq., and the implementing regulations at
5 CFR part 1320.

VI. Unfunded Mandates Reform Act

    These rule amendments will not result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions are deemed necessary under the provisions

of the Unfunded Mandates Reform Act of 1995.

Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 653, 655, and 656, Secretary's Order 8-
2020 (85 FR 58393; Sept. 18, 2020), National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116-92), and FACA, as amended (5 U.S.C.
App. 2), the implementing regulations (41 CFR part 102-3), Department
of Labor Manual Series Chapter 1-900 (August 31, 2020), and 29 CFR part
1911.

    Signed at Washington, DC, on October 19, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.

Amendments to Regulations

    For the reasons stated in the preamble, OSHA amends 29 CFR part
1912 as follows:

PART 1912--ADVISORY COMMITTEES ON STANDARDS

0
1. The authority citation for part 1912 is revised to read as follows:

    Authority:  29 U.S.C. 653, 655, 656, 657; 5 U.S.C. 553; 5 U.S.C.
App. 2; 40 U.S.C. 333; Secretary of Labor's Order No. 12-71 (36 FR
8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 3-2000 (65 FR 50017),
or 8-2020 (85 FR 58393), as applicable.

0
2. Section 1912.1 is amended by revising paragraph (a) to read as
follows:

Sec.  1912.1   Purpose and scope.

    (a) This part prescribes the policies and procedures governing the
composition and functions of advisory committees which have been, or
may be, appointed under section 7(b) of the Occupational Safety and
Health Act of 1970 (the Act) to assist the Assistant Secretary in
carrying out the standards-setting duties of the Secretary of Labor
under section 6 of the Act. Such committees are specifically authorized
by section 7(b). This part also prescribes the policies and procedures
governing the composition and functions of the:
    (1) Advisory Committee on Construction Safety and Health; and
    (2) Maritime Advisory Committee on Occupational Safety and Health.
* * * * *

0
3. Add Sec.  1912.13 to read as follows:

Sec.  1912.13   Maritime Advisory Committee on Occupational Safety and
Health.

    (a) This section applies to the Maritime Advisory Committee on
Occupational Safety and Health, which has been established under
section 3510 of the National Defense Authorization Act (Pub. L. 116-92,
December 20, 2019) to advise the Secretary of Labor in formulating
maritime industry standards and regarding matters pertaining to the
administration of this Act related to the maritime industry. The
composition of the Maritime Advisory Committee on Occupational Safety
and Health is consistent with that of advisory committees which may be
appointed under section 7(b) of the Act. See paragraph (c) of this
section. An additional advisory committee covering these duties will
not normally be established under section 7(b) of the Act, unless the
issue or issues involved extend beyond maritime activity. See Sec.
1912.4 concerning the general policy against duplication of activity by
advisory committees.
    (b) The Maritime Advisory Committee on Occupational Safety and
Health is a continuing advisory body. It is composed of 15 members
appointed by the Secretary, one of whom is appointed as Chair. The
composition of the Advisory Committee is as follows:
    (1) One member who is a designee of the Secretary of Health and
Human Services;
    (2) At least one member who is qualified by experience and
affiliation to present the viewpoint of the employers involved, and at
least one member who is similarly qualified to present the viewpoint of
the employees involved. There shall be an equal number of
representatives of employers and employees involved; and
    (3) At least one representative of state health and safety
agencies.
    (4) The Maritime Advisory Committee on Occupational Safety and
Health may include such other persons as the Secretary may appoint who
are qualified by knowledge and experience to make a useful contribution
to the work of the committee, including one or more representatives of
professional organizations of technicians or professionals specializing
in occupational safety or health and one or more persons of nationally
recognized standards-producing organizations, but the number of persons
so appointed shall not exceed the number of persons appointed as
representatives of Federal and state agencies.
    (c) Each member of the Maritime Advisory Committee on Occupational
Safety and Health shall serve for a period of two years. Appointment of
a member to the Committee for a fixed time period shall not affect the
authority of the Secretary to remove, in his or her discretion, any
member at any time. If a member resigns or is removed before his or her
term expires, the Secretary of Labor may appoint for the remainder of
the unexpired term a new member who shall represent the same interest
as his or her predecessor.
    (d) Members may be appointed to successive terms.
    (e) A member who is otherwise qualified may continue to serve until
a successor is appointed.
    (f) There shall be filed on behalf of the Maritime Advisory
Committee on Occupational Safety and Health a charter in accordance
with the Federal Advisory Committee Act upon the expiration of each
successive two-year period.

[FR Doc. 2020-23620 Filed 11-17-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 86, Number 243 (Wednesday, December 22, 2021)]
[Notices]
[Pages 72647-72649]
[FR Doc No: 2021-27663]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93803; File No. SR-NYSEAMER-2021-46]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a
New Historical Market Data Product To Be Known as the NYSE Options
Open-Close Volume Summary

December 16, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on December 14, 2021, NYSE American LLC (``NYSE American'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt a new historical market data product
to be known as the NYSE Options Open-Close Volume Summary. The proposed
rule change is available on the Exchange's website at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

set forth in sections A, B, and C below, of the most significant parts
of such statements.

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

1. Purpose
    The Exchange proposes to adopt a new historical market data product
to be known as the NYSE Options Open-Close Volume Summary, which will
be available to all subscribers. The proposed NYSE Options Open-Close
Volume Summary is based on market data products currently available on
most other options exchanges.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release Nos. 89497 (August 6,
2020), 85 FR 48747 (August 12, 2020) (SR-CboeBZX-2020-059); 89498
(August 6, 2020), 85 FR 48735 (August 12, 2020) (SR-Cboe-EDGX-2020-
36); 85817 (May 9, 2019), 84 FR 21863 (May 15, 2019) (SR-CBOE-2019-
026); 89496 (August 6, 2020), 85 FR 48743 (August 12, 2020) (SR-C2-
2020-010); 89586 (August 17, 2020), 85 FR 51833 (August 21, 2020)
(SR-C2-2020-012); 62887 (September 10, 2010), 75 FR 57092 (September
17, 2010) (SR-Phlx-2010-121); 65587 (October 18, 2011), 76 FR 65765
(October 24, 2011) (SR-NASDAQ-2011-144); 61317 (January 8, 2010), 75
FR 2915 (January 19, 2010) (SR-ISE-2009-103); 81632 (September 15,
2017), 82 FR 44235 (September 21, 2017) (SR-GEMX-2017-42); 91963
(May 21, 2021), 86 FR 28662 (May 27, 2021) (SR-EMERALD-2021-18);
91964 (May 21, 2012), 86 FR 28667 (May 27, 2021) (SR-PEARL-2021-24);
and 91965 (May 21, 2021), 86 FR 28665 (May 27, 2021) (SR-MIAX-2021-
18). See also Securities Exchange Act Release No. 93132 (September
27, 2021), 86 FR 54499 (October 1, 2021) (SR-NYSEArca-2021-82)
(Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Adopt a New Historical Market Data Product To Be Known as
the NYSE Options Open-Close Volume Summary). The Exchange notes that
the NYSE Options Open-Close Volume Summary on NYSE Arca, Inc.
(``NYSE Arca'') has not yet been made available for purchase by
subscribers.
---------------------------------------------------------------------------

    The Exchange proposes to offer the NYSE Options Open-Close Volume
Summary, which will be a volume summary of trading activity on the
Exchange at the option level by origin (Customer, Professional
Customer, Firm, Broker-Dealer, and Market Maker \5\), side of the
market (buy or sell), contract volume, and transaction type (opening or
closing). The Customer, Professional Customer, Firm, Broker-Dealer, and
Market Maker volume will be further broken down into trade size buckets
(less than 100 contracts, 100-199 contracts, greater than 199
contracts). The NYSE Options Open-Close Volume Summary is proprietary
Exchange trade data and does not include trade data from any other
exchange. It is also a historical data product and not a real-time data
feed.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 900.2.NY for the definitions of the terms
Customer, Professional Customer, Firm, Broker-Dealer, and Market
Maker.
---------------------------------------------------------------------------

    Specifically, the NYSE Options Open-Close Volume Summary would
include the following data: Aggregate number of buy and sell
transactions in the affected series; aggregate volume traded
electronically on the Exchange in the affected series; aggregate number
of trades effected on the Exchange to open a position; \6\ aggregate
number of trades effected on the Exchange to close a position; \7\ and
origin of the orders and quotes involved in trades on the Exchange in
the affected series during a particular trading session, specifically
aggregated in the following categories of participants: Customer,
Professional Customer, Firm, Broker-Dealer, and Market Maker.
---------------------------------------------------------------------------

    \6\ An opening buy is a transaction that creates or increases a
long position and an opening sell is a transaction that creates or
increases a short position.
    \7\ A closing buy is a transaction made to close out an existing
position and a closing sell is a transaction to reduce or eliminate
a long position.
---------------------------------------------------------------------------

    The Exchange anticipates a wide variety of market participants to
purchase the NYSE Options Open-Close Volume Summary, including, but not
limited to, individual customers, buy-side investors, and investment
banks. The NYSE Options Open-Close Volume Summary would provide
subscribers data that should enhance their ability to analyze options
trade and volume data, and to create and test trading models and
analytical strategies. The Exchange believes that NYSE Options Open-
Close Volume Summary will be a valuable tool that subscribers can use
to gain comprehensive insight into the trading activity in a particular
options series. The NYSE Options Open-Close Volume Summary is a
completely voluntary product, in that the Exchange is not required by
any rule or regulation to make this data available and that potential
subscribers may purchase it only if they voluntarily choose to do so.
    The Exchange proposes to offer two versions of the NYSE Options
Open-Close Volume Summary: End of Day Volume Summary and Intra-Day
Volume Summary. The End of Day Volume Summary will contain historical
data from the previous trading day and would be available after the end
of each trading day, generally on a T+1 basis. The Intra-Day Volume
Summary would include ``snapshots'' taken every 10 minutes throughout
the trading day and would be available within five minutes of the
conclusion of each 10-minute period. Each update would represent
combined data captured from the current ``snapshot'' and all previous
``snapshots'' and thus would provide open-close data on an aggregate
basis.
    The Exchange will establish monthly subscriber fees for the NYSE
Options Open-Close Volume Summary by way of a separate proposed rule
change, which the Exchange will submit prior to the launch of the NYSE
Options Open-Close Volume Summary. The Exchange plans to introduce the
NYSE Options Open-Close Volume Summary in the first quarter of 2022.
The Exchange will announce the exact date that the NYSE Options Open-
Close Volume Summary will become available through a NYSE Trader
Update.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \8\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \9\ of
the Act, in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the NYSE Options Open-Close Volume Summary options data product
proposed herein is precisely the sort of market data product evolutions
that the Commission envisioned when it adopted Regulation NMS. The
proposed rule change would benefit investors by providing access to the
NYSE Options Open-Close Volume Summary, which contains information
regarding opening and closing activity across different options series
during the trading day that would provide investor sentiment and
thereby allow market participants to make informed trading decisions
throughout the day. Subscribers to the data may also be able to enhance
their ability to analyze options trade and volume data and create and
test trading models and analytical strategies. The Exchange believes
the NYSE Options

Open-Close Volume Summary would provide a valuable tool that
subscribers can use to gain comprehensive insight into the trading
activity in a particular series, but also emphasizes such data is not
necessary for trading.
    Moreover, other exchanges also offer a substantially identical data
product.\10\ Specifically, NASDAQ OMX PHLX (``PHLX'') and the NASDAQ
Stock Market LLC (``NASDAQ'') offer the PHLX Options Trade Outline
(``PHOTO'') and NASDAQ Options Trade Outline (``NOTO''), respectively.
The Cboe Exchange, Inc. (``Cboe''), Cboe C2 Exchange, Inc. (``C2''),
Cboe BZX Exchange, Inc. (``BZX''), Cboe EDGX Exchange, Inc. (``EDGX'')
all offer the market data products called the End of Day and Intraday
Open-Close Data. Additionally, Miami International Securities Exchange,
LLC (``MIAX''), MIAX Emerald, LLC (``Emerald'') and MIAX PEARL, LLC
(``PEARL'') all offer an End of Day Open-Close Report and an Intra-Day
Open-Close Report. And as noted above, NYSE Arca has also established
the NYSE Options Open-Close Volume Summary that it intends to introduce
to the marketplace. The Phlx, Nasdaq, Cboe, C2, BZX, EDGX, MIAX,
Emerald, PEARL and NYSE Arca products provide substantially the same
information as that included in the proposed NYSE Options Open-Close
Volume Summary. Like the proposed product, the data is provided to
subscribers in the other exchange's market data products after the end
of the trading day and cumulatively every 10 minutes and provided
within five minutes of the conclusion of each 10-minute period.
---------------------------------------------------------------------------

    \10\ See supra note 4.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Rather, the Exchange believes that the
proposal will promote competition by permitting the Exchange to offer a
data product similar to those offered by other competitor options
exchanges.\12\ The market for proprietary data products is currently
competitive and inherently contestable because there is fierce
competition for the inputs necessary to the creation of proprietary
data. Numerous exchanges compete with each other for listings, trades,
and market data itself, providing virtually limitless opportunities for
entrepreneurs who wish to produce and distribute their own market data.
The proposed introduction of the NYSE Options Open-Close Volume Summary
is the Exchange's response to the many competing products available in
the marketplace today. The Exchange believes the proposed rule change
would contribute to the robust competition among national securities
exchanges.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
    \12\ See supra note 4.
---------------------------------------------------------------------------

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2021-46 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-NYSEAMER-2021-46. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2021-46 and should be submitted
on or before January 12, 2022.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27663 Filed 12-21-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Proposed Rules]
[Page 17068]
[DOCID:fr06ap07-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R01-OAR-2007-0136; A-1-FRL-8295-5]

Approval and Promulgation of State Plans for Designated
Pollutants and Facilities; Rhode Island; Negative Declaration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve the Sections 111(d) and 129
negative declaration submitted by the State of Rhode Island. This
negative declaration adequately certifies that there are no existing
``other solid waste incineration'' (OSWI) units located within the
boundaries of the State of Rhode Island.

DATES: Written comments must be received on or before May 7, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2007-0136 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R01-OAR-2007-0136'', Dan Brown, Chief, Air Permits,
Toxics, and Indoor Air Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, One
Congress Street, Suite 1100 (mail code CAP), Boston, MA 02114-2023.
    5. Hand Delivery or Courier. Deliver your comments to: Dan Brown,
Chief, Air Permits, Toxics, and Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAP), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 p.m. to 4:30 p.m.,
excluding legal holidays.
    Please see the direct final rule which is located in the Rules
Section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, Air Permits, Toxics, and
Indoor Air Programs, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street (CAP), Boston, MA 02114-
2023, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal
Register, EPA is approving the negative declaration for OSWI units in
Rhode Island as a direct final rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. A detailed rationale for the approval is set forth in
the direct final rule. If no adverse comments are received in response
to this action rule, no further activity is contemplated. If EPA
receives adverse comments, the direct final rule will be withdrawn and
all public comments received will be addressed in a subsequent final
rule based on this proposed rule. EPA will not institute a second
comment period. Any parties interested in commenting on this action
should do so at this time. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
    For additional information, see the direct final rule which is
located in the Rules Section of this Federal Register.

    Dated: March 27, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E7-6461 Filed 4-5-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 166 (Friday, August 26, 2011)]
[Notices]
[Page 53529]
[FR Doc No: 2011-21835]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Malfunction or
Defect Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on June 21, 2011, vol. 76, no. 119, page 36170-36171. The
information collected allows the FAA to evaluate its certification
standards, maintenance programs, and regulatory requirements. It is
also the basis for issuance of Airworthiness Directives designed to
prevent unsafe conditions and accidents.

DATES: Written comments should be submitted by September 26, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0003.
    Title: Malfunction or Defect Report.
    Form Numbers: FAA Form 8010-4.
    Type of Review: Renewal of an information collection.
    Background: Repair stations certificated under Part 145 and air
taxi operators certificated under Part 135 mandatorily submit
malfunction or defect reports on Federal Aviation Administration (FAA)
Form 8010-4. When defects are reported which are likely to exist on
other products of the same or similar design, the FAA may disseminate
safety information to a particular section of the aviation community.
The FAA also may adopt new regulations or issue Airworthiness
Directives (AD's) to address a specific problem.
    Respondents: Approximately 60,000 operators.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 10 minutes.
    Estimated Total Annual Burden: 7,839 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on August 19, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-21835 Filed 8-25-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37754-37755]
[DOCID:fr11jy07-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-513-000]

Sea Robin Pipeline Company, LLC; Notice of Proposed Changes in
FERC Gas Tariff

July 3, 2007.
    Take notice that on June 29, 2007, Sea Robin Pipeline Company, LLC,
(Sea Robin) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1, the tariff sheets listed in Appendix A to the
filing, to become effective August 1, 2007.
    Sea Robin states that the primary reason for the filing of the
revised tariff sheets is to adjust Sea Robin's rates for gathering and
transmission transportation services for a general rate increase.
Projected transportation revenues, excluding surcharges, are $22.0
million based on the 12-month period ending February 28, 2007, as
adjusted, resulting in a $13.5 million increase when compared with
actual revenues.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC.

There is an ``eSubscription'' link on the Web site that enables
subscribers to receive e-mail notification when a document is added to
a subscribed docket(s). For assistance with any FERC Online service,
please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-13448 Filed 7-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Notices]
[Pages 37037-37039]
[FR Doc No: 2015-15907]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No FMCSA-2015-0149]

Proposal for Future Enhancements to the Safety Measurement System
(SMS)

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

ACTION: Notice; request for public comment.

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

SUMMARY: FMCSA provides notice and seeks comments on proposed
enhancements to the Agency's Safety Measurement System (SMS)
methodology. Consistent with its prior announcements, the Agency is
proposing changes to the SMS that are the direct result of feedback
from stakeholders and the Agency's ongoing continuous improvement
efforts. The Agency is considering several changes in this notice and
is asking for comment on these issues, and other possible areas for
consideration. This set of enhancements would include changing some of
the SMS Intervention Thresholds to better reflect the Behavior Analysis
and Safety Improvement Categories' (BASICs) correlation to crash risk,
other changes to the Hazardous Materials (HM) Compliance BASIC,
reclassifying violations for operating while out-of-service (OOS) to
the Unsafe Driving BASIC, and adjustments to the Utilization Factor
(UF). FMCSA will provide a preview of the proposed enhancements
allowing motor carriers to see their own data, enforcement to see the
data, and an opportunity for all to comment prior to implementation.

DATES: Comments must be received on or before July 29, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0149 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgement page that appears after
submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. David Yessen, Federal Motor Carrier Safety
Administration, Compliance Division, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Telephone<PHONE_NUMBER>, E-Mail:
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Background

The SMS

    FMCSA first announced the implementation of the SMS in the Federal
Register on April 9, 2010 (75 FR 18256) (Docket No. FMCSA-2004-18898).
Since December 2010, FMCSA and its State partners have used SMS to
identify and prioritize motor carriers for interventions, including
automated warning letters and investigations. Additionally, SMS serves
as a principal factor in roadside inspection selection software
designed to recommend motor carriers for inspections. The SMS also
provides the motor carrier industry, consumers, and other safety
stakeholders with comprehensive safety performance data for many
carriers. This information is updated monthly. SMS is available at the
public Web site at http://ai.fmcsa.dot.gov/SMS. FMCSA announced
improvements to the SMS in March 2012 (77 FR 18298) (Docket No. FMCSA-
2012-0074), August 2012 (77 FR 52110) (Docket No. FMCSA-2004-18898),
and July 2014 (79 FR 43117) (Docket No. FMCSA-2013-0392). As stated in
the March 2012 notice, FMCSA plans to apply a systematic approach to
making improvements to SMS, prioritizing, and releasing packages of
improvements as needed.
    FMCSA convened a Continuous Improvement Working Group (CIWG)
comprised of Federal and State Enforcement personnel. This group used
their diverse experiences to identify areas of needed improvement with
SMS and the Compliance, Safety, Accountability interventions process.
The CIWG recommendations are under review, and they informed the
potential enhancements outlined below.

List of Proposed Enhancements

    FMCSA is proposing the following enhancements:

    1. Changing some of the SMS Intervention Thresholds to better
reflect the BASICs' correlation to crash risk.
    2. Two changes to the HM Compliance BASIC:
     Segmenting the HM Compliance BASIC by cargo tank (CT) and
non-CT carriers; and
     Releasing motor carrier percentile rankngs under the HM
Compliance BASIC to the public.
    3. Reclassifying violations for operating while OOS as under the
Unsafe Driving BASIC, rather than the BASIC of the underlying OOS
violation.
    4. Increasing the maximum Vehicle Miles Travelled (VMT) used in the
UF to more accurately reflect operations of high-utilization carriers.

Proposed Changes to SMS Intervention Thresholds

    The Agency published its most recent SMS Effectiveness Test at
http://csa.fmcsa.dot.gov/Documents/CSMS_Effectiveness_Test_Final_Report.pdf. After considering the results
of this test and other independent analyses, FMCSA is proposing to make
changes to more closely align intervention thresholds with each BASIC's
correlation to crash risk. FMCSA determined that lowering the Vehicle
Maintenance BASIC intervention threshold to better reflect the
seriousness of the crash risk associated with vehicle maintenance
issues and raising the intervention thresholds for the Controlled
Substances/Alcohol, HM Compliance, and Driver Fitness BASICs would more
effectively prioritize motor carriers.
    As part of the SMS Effectiveness Test analysis, FMCSA analyzed the
correlation of each BASIC with crash risk and introduced three levels
of crash risk correlation:

 High: Unsafe Driving, Crash Indicator, Hours-of-Service (HOS)
Compliance
 Medium: Vehicle Maintenance
 Low: Controlled Substances/Alcohol, HM Compliance, and Driver
Fitness

The following chart illustrates the crash rates by BASIC, as
demonstrated in the SMS Effectiveness Test.

------------------------------------------------------------------------
                                                     % Increase in crash
                                Crash rate (per 100    rate compared to
     BASIC over threshold               PUs)           national average
                                                            (3.43)
------------------------------------------------------------------------
Unsafe Driving................                 6.62                   93
Crash Indicator...............                 6.34                   85
HOS Compliance................                 6.26                   83
Vehicle Maintenance...........                 5.65                   65
Controlled Substances/Alcohol.                 4.61                   34
HM Compliance.................                 4.49                   31
Driver Fitness................                 3.11                   -9
------------------------------------------------------------------------

    After a thorough analysis of this information and other available
studies, the Agency analyzed carriers over a variety of intervention
thresholds, and compared those crash rates to the national average.
Based on that analysis, the Agency is proposing to adjust the
intervention thresholds as shown in the table below, to reflect the
differences in the crash correlations of each BASIC:

------------------------------------------------------------------------
                                              Current        Proposed
                 BASICS                    intervention    intervention
                                          thresholds (%)  thresholds (%)
------------------------------------------------------------------------
Unsafe Driving Crash Indicator HOS                    65              65
 Compliance.............................
Vehicle Maintenance.....................              80              75
Controlled Substances/Alcohol HM                      80              90
 Compliance Driver Fitness..............
------------------------------------------------------------------------

    The Agency notes that lowering the Vehicle Maintenance BASIC
intervention threshold will identify a new set of motor carriers to
receive warning letters so that they may address non-compliance issues
before crashes occur. The changes would maintain the current
intervention thresholds of 65% for the BASICs with the strongest
relationship to crash risk. While fewer carriers will be identified for
interventions in those BASICs where FMCSA proposes to raise the
threshold to 90%, a similar number of carriers will be identified
across all BASICs as under the current intervention thresholds. In
addition, under the proposed changes the carriers prioritized for
interventions will have a higher crash rate than the carriers currently
prioritized for interventions. We examined the interstate carriers that
are identified as at or above intervention threshold in any of the six
BASICs (HM is excluded as it is handled in a different analysis). The
effectiveness testing, which uses historical data, showed under the
current thresholds that 39,454 carriers at or above intervention
thresolds had a crash rate of 5.12 crashes per 100 Pus and under the
proposed thresholds 41,012 carriers at or above intervention threshold
had a crash rate of 5.49 crashes per 100 PUs. This is a 7% increase in
crash rate. A recent snapshot of SMS data (Dec 2014) shows that 2,431
carriers are newly identified while 453 are no longer identified with
any of the six BASICs at or above the intervention threshold.

Proposed HM Compliance BASIC Changes

    Industry and enforcement stakeholders raised concerns to FMCSA that
large non-CT HM carriers have difficulty improving in the HM Compliance
BASIC because they are being unfairly compared to CT HM carriers. Non-
CT HM and CT HM carriers have different operations and as a result they
often receive different violations. After analyzing the issue
carefully, FMCSA determined that segmenting the HM Compliance BASIC by
CT and non-CT carriers will address this bias and improve the SMS's
ability to identify HM carriers with serious safety problems.
    FMCSA studied the feasibility of segmenting the HM Compliance BASIC
by business type and found that for

most motor carriers that operate CTs, the CTs make up a majority of the
carrier's inspections. A carrier was categorized as a CT carrier if
more than 50% of its inspections indicated the vehicles were CTs, and
for most that percentage was actually much higher. Analysis shows that
there are a sufficient number of carriers for both segments in all
safety event groups (SEGs) for effective assessment. FMCSA reviewed
BASIC percentile changes with segmentation and found that large CT
carriers would see an increase in percentiles, while large non-CT
carriers would see a decrease. Small carriers, both CT and non-CT, will
not see a change.

                                          HM Cargo Segmentation Impact
----------------------------------------------------------------------------------------------------------------
         SEG HM inspections           Current BASIC %        New BASIC non-CT %             New BASIC CT %
----------------------------------------------------------------------------------------------------------------
5-10...............................                 80  Same.......................  Same.
11-15..............................                 80  Same.......................  Same.
16-40..............................                 80  Same.......................  Same.
41-100.............................                 80  71% (-9%)..................  85% (+5%).
100+...............................                 80  62% (-18%).................  90% (+10%).
----------------------------------------------------------------------------------------------------------------

    With these changes, FMCSA is confident that the data in the HM
Compliance BASIC appropriately reflects the distinct operations of
these carriers. As a result, FMCSA proposes to make the HM Compliance
BASIC information available to the public.

Violating Out-of-Service Orders

    Currently, when a carrier is cited for violating an OOS Order,
these violations are associated with the same BASIC as the initial OOS
violation. However, the behavior of deciding to violate an OOS Order is
more closely related to a motor carrier's or driver's safety judgment,
regardless of the underlying OOS condition.
    FMCSA reviewed these violations and analyzed the potential impact
of reclassifying violations of an OOS Order to the Unsafe Driving
BASIC. The Agency found that the crash rate of carriers at or above the
intervention threshold in the Unsafe Driving BASIC will remain the same
under this proposed change. Moreover, consolidating these OOS
violations in the Unsafe Driving BASIC will help enforcement and motor
carriers better identify and correct driver-related safety issues.
Therefore, FMCSA proposes to move all violations of operating while OOS
to the Unsafe Driving BASIC.

Changing the Maximum Vehicle Miles Travelled (VMT)

    The Utilization Factor (UF) is an analytical element determined by
dividing a motor carrier's vehicle miles traveled (VMT) by the number
of power units (PU) in the carrier's fleet. The UF provides a more
accurate picture of a carrier's safety and compliance. The UF is used
in the Unsafe Driving BASIC and Crash Indicator BASIC when a carrier
has a higher than normal utilization of its vehicles (VMT per PU). The
UF is currently limited to 200,000 miles. Industry stakeholders noted
that the current UF is not accurate for some companies with extremely
high utilization. Data reviewed by FMCSA indicates that 200,000 miles
may not be the appropriate cap. Therefore, FMCSA is examining allowing
additional credit to high-utilization carriers to provide a more
accurate picture of the carriers' crash exposure and unsafe driving
behaviors.
    FMCSA believes that extending the UF to carriers with VMT per PU up
to 250,000 miles, from the current level of 200,000, will allow for a
better measure of exposure for carriers with very high utilization.
During the preview, carriers will be able to see the individual impacts
of this change.
    FMCSA expects to begin a preview of the proposed enhancements later
in 2015. Information on the availability of the preview will be made
available on the SMS Web site, and the Agency will publish a subsequent
Federal Register notice. Prior to implementation, motor carriers will
be able to log in with their Portal account or PINs to view their own
data and any proposed re-designed formats. The general public will be
able to access simulated carrier data in order to view the proposed
enhancements. During the preview period, FMCSA will hold several public
webinars to provide stakeholders with detailed information about the
SMS methodology enhancements.

II. Request for Comments

    In advance of the SMS preview, FMCSA requests comments on the above
enhancements to the SMS. Commenters are requested to provide supporting
data wherever appropriate.

    Issued on: June 22, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15907 Filed 6-26-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Proposed Rules]
[Pages 9397-9398]
[FR Doc No: 2016-03903]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0438; FRL 9942-75-Region 7]

Approval and Promulgation of Air Quality Implementation Plans;
State of Missouri; Emissions Inventory and Emissions Statement for the
Missouri Portion of the St. Louis MO-IL Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) for the state
of Missouri. The revisions address base year Emissions Inventory (EI)
and emissions statement requirements of the Clean Air Act (CAA) for the
Missouri portion of the St. Louis marginal ozone nonattainment area
(``St. Louis area''). The Missouri counties comprising the St. Louis
area are Franklin, Jefferson, St. Charles, and St. Louis along with the
City of St. Louis. EPA is proposing to approve the SIP revisions
because they satisfy the CAA section 182 requirements for the 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS). EPA is
proposing the revisions pursuant to section 110 and part D of the CAA
and EPA's regulations. EPA will consider and take action on the
Illinois submission for its portion of the St. Louis area in a separate
action.

DATES: Comments on this proposed action must be received in writing by
March 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0438, to http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The 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. The 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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Publicly available docket materials are available either
electronically at www.regulations.gov or at the Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours
of business are Monday through Friday, 8:00 a.m. to 4:30 p.m.,
excluding legal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the state's SIP revision as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule which is located in the rules
section of this Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: February 17, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016-03903 Filed 2-24-16; 8:45 am]
 BILLING CODE 6560-50-P