[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Page 58970]
[FR Doc No: 2021-23295]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, October 28, 2021.

PLACE:  The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement
proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: October 21, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-23295 Filed 10-21-21; 11:15 am]
BILLING CODE 8011-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 12, 2006

      NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17677

________________________________________________________________________
____________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of  Northwest Airlines, Inc.              filed   3/23/2006
 for:

XX   Renewal of exemption for two years under 49 U.S.C. 40109 to provide
the following service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States and Port of Spain,
Trinidad and Tobago.   Northwest Airlines intends to operate this
service pursuant to a code-share arrangement with Continental Airlines
with Continental operating the service.

Applicant rep:   Megan Rae Rosia<PHONE_NUMBER>   DOT Analyst:  Gerald
Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: April 12, 2006, through
April 12, 2008

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the Air Transport Agreement
between the United States and Trinidad and Tobago.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity

	    XX  Standard exemption conditions (attached)

________________________________________________________________________
___________

The code-share operations conducted under this authorization are subject
to the following conditions:

(a)	The code-sharing operations must comply with 14 CFR 257 and with any
amendment to the Department’s regulations concerning code-share
arrangements that may be adopted.  Notwithstanding any provisions in the
contract between the carriers, our approval here is expressly
conditioned upon the requirements that the subject foreign air
transportation be sold in the name of the carrier holding out such
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (i.e., the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected;
and

2

(b)	The authority granted here is specifically conditioned so that
neither Northwest Airlines nor Continental Airlines shall give any force
or effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
___________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; and (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 To the extent necessary, Northwest requests a waiver of Administrative
Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377, to
continue in effect its exemption authority pending Department action on
its renewal application.  We have decided to grant the waiver.

 PAGE

 PAGE


1 INFORMATION COLLECTION REQUEST ( ICR) Part A of the Supporting Statement ( July 2000) 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title: Detergent Gasoline: Certification Requirements for Manufacturers of Detergent Additives; Requirements for Transferors and Transferees of Detergent Additives; Requirements for Blenders of Detergents into Gasoline or Post refinery Component; Requirements for Manufacturers, Transferors, and Transferees of Gasoline or Post refinery Component ( 40 CFR 80  Subpart G) EPA ICR No. 1655.04, OMB Control No. 2060 0275 1( b) Abstract Gasoline combustion results in the formation of engine deposits. The accumulation of deposits, particularly in the orifices of fuel injectors and on intake valves, typically results in increased emissions and reduced engine performance. As fuel injectors replaced carburetors in the 1980' s, a number of vehicle manufacturers experienced problems with deposit formation. Detergent additives, which had been available for years to control deposits in carbureted vehicles, were improved to accommodate the new technology. However, their use was voluntary and there were no regulatory standards by which to gauge their effectiveness. Congress recognized the importance of effective detergent additives in minimizing vehicle emissions, and added Section 211( 1) in the Clean Air Act Amendments of 1990. It required gasoline to contain detergent additives, effective January 1, 1995, and provided the Environmental Protection Agency ( EPA) with the authority to establish specifications for such additives. The regulations at 40 CFR 80  Subpart G ( Attachment 1) implemented certification requirements for detergents and imposed a variety of recordkeeping and reporting requirements for certain parties involved with detergents, gasoline, or post refinery component ( any gasoline blending stock or any oxygenate which is blended with gasoline subsequent to the gasoline refining process ( PRC)). All gasolines must contain certified detergents, with the exception of research, racing, and aviation gasolines. The EPA maintains a list of certified gasoline detergents at www. epa. gov/ otaq/ regs/ fuels. As of July 2000 there were 236 certified detergents and 16 detergent manufacturers. Most of the certification activity occurred during the early years of the program. In 1999 only 30 detergents were certified. During January June 2000, 17 detergents were certified. There are approximately 250 refiners and importers of gasoline, 1350 blenders of detergent into gasoline or PRC, 8000 carriers of gasoline or PRC, 200,000 gasoline retail outlets, and 100,000 fleet facilities which handle gasoline. The program is run by the Transportation and Regional Programs Division, Office of Transportation and Air Quality, Office of Air and Radiation, EPA, in Washington, DC.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection 2 Motor vehicles comprise the major source of air pollution in most urban areas, and account for about half of the toxic air emissions in the United States. Gasoline detergents help to minimize emissions. Detergents are typically added to gasoline as it is loaded into tank trucks at terminals. Section 211( l) of the Clean Air Act ( Act) requires that all gasoline contain effective detergent additives. Section 114 of the Act provides EPA with the authority to impose recordkeeping and reporting requirements if necessary for enforcement of statutory requirements. The recordkeeping and reporting requirements for this program, at 40 CFR 80  Subpart G, are necessary in order for EPA to certify detergents, to demonstrate that certified detergents are effective, to assure that gasoline contains certified detergents at the minimum concentration ( also known as the lowest additive concentration( LAC)) necessary to be effective, and to deter violations. There is no standard test procedure for testing qualitatively and quantitatively for specific detergents in gasoline, thus necessitating reliance on recordkeeping and reporting as detergents, gasoline, and PRC pass through the distribution system. Blenders of detergent into gasoline or PRC are required to maintain records that demonstrate that the LAC is met, on average, each month at each automated blending facility, and by batch at non automated facilities. These records are known as volumetric additive reconciliation ( VAR) records. There is economic incentive to violate because uncertified detergents are typically less expensive, and blending a certified detergent at less than the minimum specified concentration will also same money. A detergent manufacturer has a variety of options under which it may certify a detergent. The primary option is " National Generic Certification," which allows the detergent to be used in any gasoline. Nine out of ten detergents have been certified under this option. Other options include limiting a detergent to a Petroleum Administrative Defense District ( PADD Certification), a specific gasoline pool ( Fuel specific Certification), or California gasoline, under California's detergent certification rule. All the options may be found at 40 CFR 80.163.

REPORTING REQUIREMENTS Detergent Manufacturers For each detergent, the detergent manufacturer ( includes an importer or a party which is not the manufacturer but is requesting certification as a detergent for a product manufactured by another party) is required to:

( 1) submit a certification letter to EPA containing a variety of information concerning the certification testing and options for which certification is requested ( 80.161( b)( 3), 80.163( c)( 1)( iii), 80.164( a));

( 2) submit certification test data, and/ or the acceptance criteria a supplier must meet for detergent reactant materials, upon EPA request ( 80.165, 80.162( b)( 1));

( 3) submit a detailed description of the detergent's composition to EPA pursuant to the registration requirements for fuel additives at 40 CFR 79, addressing specific compositional 3 descriptions identified in 40 CFR 80 and the LAC for each certification option ( 80.161( b)( 1)( i),( ii),( ii)( A), 80.162);

( 4) ship a sample of the detergent and certain information concerning the sample to EPA, and if requested by EPA, ship an additional sample ( 80.161( b)( 2), 80.167( d));

( 5) notify EPA in writing, with supporting data, if there is a change in the LAC for which the additive is effective ( 80.161( b)( 1)( ii)( C));

( 6) notify, in writing, gasoline manufacturers ( includes importers), detergent blenders, and all others who purchase the detergent, of the LAC and any use restrictions ( 80.161( c));

( 7) submit certain information annually for each fuel specific certification option ( 80.164( c)( 3));

( 8) notify customers if a fuel specific certification is no longer valid ( 80.164( c)( 3)( iii));

( 9) if, upon receipt from EPA of a notice of intent of detergent disqualification, wishing to respond, submit written comments in an attempt to demonstrate compliance ( 80.161( e)( 3), ( 4); and ( 10) submit a list of customers to EPA if EPA should issue a final decision to disqualify a certified detergent ( 80.161( e)( 6)).

Detergent Blenders A blender of detergent into gasoline or PRC:

( 1) is required to notify EPA in writing if it intends to use a detergent at lower than its LAC, and, if requested by EPA, must submit the data supporting the use of the lower concentration ( 80.161( d)( 1), ( 2), ( 3));

( 2) who has certified under a fuel specific option, is required to supply, upon request, EPA with a sample of the test fuel or with blendstocks with which to formulate the test fuel ( 80.167( d)); and ( 3) is required to generate VAR records ( 80.170), and, upon request, to provide EPA with VAR records and supporting documentation ( 80.170( g)).

Transferors and Transferees A transferor of gasoline, detergent, or PRC, including any gasoline refiner, importer, reseller, distributor, carrier, retailer, wholesale purchaser consumer ( WPC), oxygenate blender, detergent manufacturer, distributor, carrier, or blender, shall: 4 ( 1) generate or obtain documentation for each shipment and provide this documentation ( product transfer document ( PTD)) to the transferee ( with exception of delivery of detergent additized gasoline to motorists and small volumes to fleets) identifying the product, its detergent status if gasoline or PRC, and certain additional information ( 80.171); and ( 2) as a defense against liability, along with transferees, may establish quality assurance ( QA) procedures that involve the development of records in addition to those required by the rules ( 80.169).

Researchers A party conducting research on gasoline that does not contain a certified detergent is required to notify EPA annually, in writing ( 80.173( a)( 3)).

Racing Gasoline/ Aviation Gasoline Parties handling racing gasoline or aviation gasoline are required to generate or transfer PTD's indicating that these products are limited to those uses ( 80.173( b)( 1)). Pump stands for racing gasoline or aviation gasoline must be appropriately labeled if located at a facility that dispenses gasoline to motor vehicles ( 80.173( b)( 2)).

RECORDKEEPING REQUIREMENTS Most records are required to be kept for five years, with exceptions for certain small businesses and California gasoline ( 80.164( c)( 4), 80.169( c)( 8), 80.170( g), 80.171( d)). This retention period is necessary in order to provide EPA with adequate time for inspection, is consistent with the relevant civil statute of limitations, and is consistent with the retention period for PTD's under the reformulated gasoline/ anti dumping rules at 40 CFR 80  Subpart D ( except for retailers in anti dumping areas). There is no regulatory burden because businesses retain such records as a customary business practice.

Detergent Manufacturers For each detergent, the detergent manufacturer is required to maintain records for:

( 1) the acceptance criteria for suppliers of detergent reactive materials ( 80.162( b)( 1));

( 2) the test data for fuel parameters supporting a fuel specific certification ( 80.164( c)( 1));

( 3) the fuel composition survey results, and documentation on test methods and statistical procedures, used to support a fuel specific certification ( 80.164( c)( 4));

( 4) the certification test ( 80.165); and 5 ( 5) in order to have an affirmative defense for a potential violation the certification program controls and prohibitions, the fourier transform infrared spectroscopy ( FTIR) and related data for each detergent batch ( 80.169( c)( 4)( i)( C),( D)).

Detergent Blenders A blender of detergent into gasoline or PRC is required to maintain the VAR records on the use of the detergent ( 80.170). Gasoline or PRC additized in California is exempt, provided the records required by California are maintained ( 80.173( c)).

Transferors and Transferees Transferors and transferees of gasoline, detergent, or PRC:

( 1) are required to maintain the PTDs for each shipment ( 80.171); and ( 2) as a defense against liability, may establish QA procedures that involve retaining records in addition to those required to be retained by the rules ( 80.169).

Researchers A party conducting research on gasoline that does not contain a certified detergent is required to maintain documentation demonstrating that the gasoline has been used only for research ( 80.173( a)( 1)).

Racing Gasoline/ Aviation Gasoline Parties handling racing gasoline or aviation gasoline are required to maintain the PTDs for each shipment ( 80.173( b)( 1)).

2( b) Practical Utility/ Users of the Data The list of certified detergents is publicly available. The fuel, additive, and motor vehicle industries are well aware that gasoline must contain certified detergents. The list is monitored by the additive manufacturers in order to maintain an awareness of competitors. Manufacturers and distributors of gasoline, and blenders of detergent into gasoline, monitor the list to ensure that gasoline contains certified detergents and that the documentation accompanying gasoline indicates such. Most of the data submitted by the detergent manufacturers are confidential. Thus access is restricted to authorized EPA personnel and authorized contractors. Review of the data is necessary to determine if the detergent manufacturer has met the certification requirements for a specific detergent and can be certified by EPA. The documentation accompanying the detergent, with the LAC and any use restrictions, is used by the detergent blender to ensure proper 6 additization. PTDs are monitored by transferors and transferees to ensure that they are handling legal detergents and gasolines. VARs are necessary for detergent blenders to demonstrate that they have additized properly. As mentioned above, there is not a method of analyzing gasoline for the proper level of a certified detergent. Thus, the records required by this rule, particularly the VAR and certification records, are essential in EPA's monitoring for compliance.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication The records required here are not available elsewhere. In many instances the records are already produced as a customary business practice.

3( b) Public Notice The draft ICR was announced in the Federal Register.( 65 fr 30109) No comments were received. See Attachment 2.

3( c) Consultations Certification by the detergent manufacturers, and the development of VAR and QA records by blenders of detergent into gasoline or PRC, account for the regulatory burden. The other burdens discussed above are minor or customary business practices upon which the regulations did not impose significant additional burdens. Consultations with detergent manufacturers resulted in a wide range of estimated burden. One manufacturer felt that the requirements improved the efficiency of the company's operations and that there was no net increase in burden. Another manufacturer estimated the burden at $ 1.5 million annually. Some manufactures did not respond to a request for an estimate. None provided an estimate of burden hours. Consultations with detergent blenders which use automated blending equipment ( the vast majority of blenders) also resulted in a wide range of estimated VAR/ QA burden, from 30 to 260 hours per year per facility. This is to be expected since there is a wide range in the size of these facilities and a wide range in the degree of sophistication utilized in implementing the VAR requirements and voluntary QA procedures. The estimate for a detergent blender which does not use automated equipment was 480 hours per year. A major reason for the difference in burden between automated and non automated equipment is the VAR period, which may be up to 30 days for automated equipment, but is by batch for non automated equipment and calculated manually.

3( d) Effects of Less Frequent Collection Certification of an additive is one time, with the exception of an annual fuel property 7 report in the case of a fuel specific certification. ( As of March 2000, there were no fuel specific certifications, and no indication that any would be forthcoming.) VAR records and PTDs are ongoing and necessary for enforcement. The generation and transfer of PTDs are customary business practices. Researchers using gasoline without a certified detergent are required to submit a brief annual report on their activities. EPA believes that the annual reporting requirements are reasonable and that a less frequent collection would hamper enforcement. Thus, less frequent collection is not a practicable alternative.

3( e) General Guidelines All Office of Management and Budget ( OMB) guidelines are met.

3( f) Confidentiality Most of the information reported to EPA is business confidential and is governed by the Freedom of Information Act regulations for EPA at 40 CFR 2.

3( g) Sensitive Questions There are none.

4. THE RESPONDENTS AND THE INFORMATION COLLECTED 4( a) Respondents/ SIC Codes The respondents are related to the following major group Standard Industrialization Classification ( SIC) codes:

28  Chemical and Allied Products 29  Petroleum and Coal Products 50  Wholesale Trade  Durable Goods 51  Wholesale Trade  Nondurable Goods 55  Automotive Dealers and Service Stations There are two appropriate four digit SIC codes:

5172  Petroleum Products 8 2911  Petroleum Refining 4( b) Information Requested ( i) Data Items The information to be reported to EPA and the information to the retained by the respondents was identified by category and regulatory cite in section 2 above. The regulations are in Attachment 1. Please refer to the regulations for a detailed description of the information requested.

( ii) Respondent Activities The following are required:

1. Read and comprehend the regulatory requirements ( Task 1 ( T1)). 2. Train personnel to meet the requirements, employing new technology and procedures as necessary ( Task 2 ( T2)). 3. Develop the information that is not already available ( Task 3( T3)). 4. Gather and organize the information ( Task 4 ( T4)). 5. Review the information and, if necessary, take corrective action such that it can be concluded that the regulatory requirements have been met ( Task 5 ( T5)). 6. Report the information to EPA and/ or retain the information in storage, as specified in the regulations ( Task 6( T6)).

5. THE INFORMATION COLLECTED B AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities The following are required:

1. Develop a thorough understanding of the regulatory requirements. 2. Develop the skills necessary to convey the requirements to the respondents and others such that it can be comprehended easily. 3. Respond to inquiries on the requirements. 4. Provide access to the regulations and the list of certified detergents.. 5. Review the reported information. 6. Contact the respondent when the information has not been submitted properly and discuss how the deficiency can be corrected. 7. Store the information. 8. Enter the information into the database. 9. Upon concluding that all requirements have been met, issue a letter to the manufacturer 9 indicating that the detergent has been certified, and update the list of certified detergents. 10. Maintain rigorous security for the protection of confidential business information. 11. Maintain computer hardware and software. 12. Monitor compliance via on site inspections.

5( b) Collection Methodology and Management The EPA has not issued forms. The respondents may submit and store the information in the format of their choice, including electronically. Because most of the information reported to EPA is confidential, it is housed in an office with an advanced security system. The computers on which the data are handled have no linkage outside this office.

5( c) Small Entity Flexibility The reporting requirements have been made as simple as practical in order to minimize the burden on all parties, large and small. For small businesses subject to this rule, the vast majority are merely transporters or retailers of gasoline. Their only burden is the transfer and storage of PTD's, which is a customary business practice. Transfers of small volumes of additized gasoline to WPC's and other ultimate consumers are exempt from the PTD requirements ( 80.171( c)).

6. ESTIMATING THE BURDEN AND THE COST OF THE COLLECTION 6( a) and ( b) Estimating Respondent Burden and Costs Estimating the burden is straightforward. Capital/ start up costs were incurred by industry in 1995. Third party activity, the transmittal and storage of PTDs, is a customary business practice. Operating and maintenance ( O& M) costs are in three categories. First, the on road engine testing to demonstrate that the detergent meets the deposit control standards is performed at contractor facilities. It is estimated that each of the 16 detergent manufacturers spends approximately $ 25,000 annually on this testing, for a total of $ 400,000. This is a considerable reduction from the $ 3.733 million estimate in the previous ICR ( this was the only O& M category addressed in the previous ICR). The reason for the reduction is two fold. The previous ICR estimated that there were 59 detergent manufacturers spending an average of $ 63,276 annually on contractor testing. Today there are only 16 detergent manufacturers, and with the maturation of detergent technology, less testing is being conducted. The second O& M cost is for copying and postage for the estimated 50 submissions annually for detergent certification and 8 submissions annually for research notification. At an estimated $ 10 per submission, the annual cost is $ 580. The third O& M cost is for storage of the VAR records at the 1300 automated detergent blending facilities and 50 non automated detergent blending facilities. The estimated annual cost per facility is $ 100, for a total of $ 135,000. Thus, the total annual O& M cost is $ 400,000+$ 580+$ 135,00 = $ 535,580.

Wages and Benefits 10 Managerial $ 37.72 per hour Technical $ 27.90 per hour Clerical $ 16.69 per hour Doubling for company overhead beyond wages and benefits, employing a 3% annual inflation factor to bring the rates to March 2000, and for convenience, rounding to the nearest dollar, gives the following rates that will be used in this ICR:

Total Employer Cost Managerial $ 85 per hour Technical $ 63 per hour Clerical $ 38 per hour Worksheet 1: Detergent Manufacturer Submissions for Certification Our review of the submissions indicates a fairly wide range of burden. Many submissions are minor changes to existing certified detergents and are able to rely mostly on previously submitted data. We estimate that they require about 4 hours to prepare. About one out of ten undergoes the complete development cycle which we estimate at 400 hours of burden. Thus, an average burden per detergent is estimated at about 60 hours, with the hours and costs allocated as follows ( we estimate 50 submissions annually ( 16 manufacturers) for the next three years):

Activity Management Technical Clerical Read 2 hours/$ 170 4 hours/$ 252 1 hour/$ 38 Train 2 hours/$ 170 2 hours/$ 126 1 hour/$ 38 Develop data 2 hours/$ 170 20 hours/$ 1260 1 hour/$ 38 Organize data 2 hours/$ 170 4 hours/$ 252 1 hour/$ 38 Review 2 hours/$ 170 10 hours/$ 630 1 hour/$ 38 Report or retain 2 hours/$ 170 1 hour/$ 63 2 hours/$ 76 TOTALS 12 hours/$ 1020 41 hours/$ 2583 7 hours/$ 266 GRAND TOTAL 60 hours/$ 3869 Worksheet 2: VAR and QA by Detergent Blenders with Automated Equipment 11 As noted above, respondents indicated a fairly wide range of burden, from 30 to 260 hours per year per blending facility, for the 1300 facilities nationwide. The VAR period may be as long as 30 days, but can be shorter due to changes in detergents, maintenance downtime, etc. We believe that a reasonable average burden is 150 hours per year per facility, representing 15 VAR periods, for a total of 1300 x 15 = 19,500 responses annually. Thus, the estimated hours and costs per VAR period are:

Activity Management Technical Clerical Read 0.1 hour/$ 8.50 0.8 hour/$ 50.40 0.4 hour/$ 15.20 Train 0.1 hour/$ 8.50 0.8 hour/$ 50.40 0.4 hour/$ 15.20 Develop data 0.1 hour/$ 8.50 1.4 hour/$ 88.20 1.33 hour/$ 50.67 Organize data 0.1 hour/$ 8.50 0.8 hour/$ 50.40 1.33 hour/$ 50.67 Review 0.1 hour/$ 8.50 0.8 hour/$ 50.40 0.73 hour/$ 27.87 Retain 0.1 hour/$ 8.50 0.2 hour/$ 12.60 0.4 hour/$ 15.20 TOTALS 0.6 hour/$ 51.00 4.8 hours/$ 302.40 4.6 hours/$ 204.81 GRAND TOTAL 10 hours/$ 558.21 Worksheet 3: VAR and QA by Detergent Blenders with Non automated Equipment There appears to be little blending occurring with non automated equipment. However, since it is done manually, and the VAR is done per batch, the one estimate we received of 480 hours per year appears reasonable. It is estimated that a blender of this type will do about a thousand batches per year, or a burden of 0.5 hour per batch by rounding to 500 hours per year. Using the same labor mix as Worksheet 2 gives a per batch cost of $ 27.91. We estimate that there are 50 blenders in this category, for a total of 50,000 responses annually.

Worksheet 4: Notification by Researchers In 1999 EPA received eight letters from researchers notifying us that a gasoline without a certified detergent was being used for research purposes. Assuming a management official spent one half hour on each letter and a clerical person also spent one half hour, gives a burden of one hour and $ 61.50 per letter.

The following SUMMARY worksheet is based on the above discussions.

Worksheet 5: Annual Industry Burden 12 Activity Responses Hours/ Cost Total Hours/ Cost Detergent Certification 50 60/$ 3869 3000/$ 193,450 ( 16 respondents) Automated VAR/ QA 19,500 10/$ 558.21 195,000/$ 10,885,095 ( 1300 respondents) Non automated VAR/ QA 50,000 0.5/$ 27.91 25,000/$ 1,395,500 ( 50 respondents) Researcher Letters 8 1.0/$ 61.50 8/$ 492 ( 8 respondents) TOTALS 69,558 223,008/$ 12,474,537 ( 1374 respondents)

Thus, the net annual burden to industry is 223,008 hours and $ 12,474,537, plus $ 500 postage for the certification submissions.

6( c) Estimating Agency Burden and Cost The Agency activities described in section 5( a) are handled by engineers and scientists at the GS 13 level ($ 60 per hour, including overhead). The program is running smoothly and, as noted above, the number of requests for certification has dropped significantly from the early years of the program. It is estimated that 400 hours are spent annually, for a cost to the government of $ 24,000. Lease, computer, and security costs are covered in the ICR for the Fuel and Fuel Additive Registration requirements at 40 CFR 79 ( EPA ICR Number 309.09, OMB Control Number 2060 1050), with which this program is closely integrated.

6( d) and ( e) Estimating the Respondent Universe and Total Burden and Costs, and Bottom Line Burden and Costs 6( f) Reasons for Change in Burden The previous clearance consisted of 153,679 responses, 17,992 hours, and $ 3,741,614. For the hours, 5,160 were allocated to detergent certification, with the balance to VAR and QA. With the decrease in certification activity, it is reasonable that the estimate is now 3,000 hours annually. The previous estimate for VAR and QA, 12,832 hours annually, or about ten hours for each of the 1350 blending facilities, was significantly underestimated.

6( g) Burden Statements Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology 13 and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, Office of Environmental Information ( OEI), U. S. Environmental Protection Agency, Mail Code 2822, 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR 1655.04 number and OMB control number ( 2060 0275) in any correspondence.

Part B  Collection of Information Involving Statistical Methods Not Applicable Attachments ( 2) 14


[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 82-83]
[FR Doc No: 2020-29067]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-18-000]

Colorado Interstate Gas Company, L.L.C.; Notice of Request Under
Blanket Authorization and Establishing Intervention and Protest
Deadline

    Take notice that on December 15, 2020, Colorado Interstate Gas
Company, L.L.C. (CIG), Post Office Box 1087, Colorado Springs, Colorado
80944, filed in the above referenced docket, a prior notice request
pursuant to sections 157.205 and 157.213(b) of the Commission's
regulations under the Natural Gas Act (NGA) and CIG's blanket
certificate issued in Docket No. CP83-21-000, for authorization to
reclassify an injection/withdrawal well (Well No. 12) to an observation
well at the Flank Natural Gas Storage Field (Flank) located in Baca
County, Colorado. CIG states that the requested reclassification of
Well No. 12 involves no change in the certificated physical parameters
of Flank, including total inventory, reservoir pressure, reservoir and
buffer boundaries, and/or capacity. Therefore, CIG states that there
will be no impact on the service it provides to its customers. CIG
further states that no construction related activities will be required
and there will be no environmental impacts associated with the
requested reclassification, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions regarding this prior notice request should be
directed to Francisco Tarin, Director, Regulatory, Colorado Interstate
Gas Company, L.L.C.; P.O. Box 1087, Colorado Springs, Colorado 80944 at
(719) 667-7517 or by email to<EMAIL_ADDRESS>
Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on February 26, 2021.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then

withdrawn within 30 days after the allowed time for filing a protest,
the proposed activity shall be deemed to be authorized effective the
day after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request for authorization will be considered by the
Commission.
---------------------------------------------------------------------------

    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is February 26, 2021. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is February 26, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before February 26, 2021. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP21-18-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
---------------------------------------------------------------------------

    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below.\7\ Your submission must reference the Project docket
number CP21-18-000.
---------------------------------------------------------------------------

    \7\ Hand-delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
---------------------------------------------------------------------------

    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail at: P.O. Box 1087, Colorado Springs, Colorado 80944 or
email (with a link to the document) at:
<EMAIL_ADDRESS>Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: December 28, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-29067 Filed 12-31-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Notices]
[Pages 8230-8235]
[FR Doc No: 2017-01464]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79809; File No. SR-NASDAQ-2017-001]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Transaction Fees To Implement New Incentive

January 17, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 3, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, 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\ 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 amend the Exchange's transaction fees at
Chapter XV, Section 2, entitled ``NASDAQ Options Market--Fees and
Rebates,'' which governs pricing for Nasdaq members using the NASDAQ
Options Market (``NOM''), Nasdaq's facility for executing and routing
standardized equity and index options. Nasdaq proposes to implement a
new incentive for NOM Participants that add liquidity for Customer and
Professional orders in Penny and Non-Penny Pilot Options as described
further below.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to create an alternative method for earning a
rebate for adding liquidity for both Customers \3\ and Professionals
\4\ in Penny Pilot \5\ and Non-Penny Pilot Options. For Customers and
Professionals transacting in Penny Pilot Options, the Exchange
currently pays a volume-based tiered rebate to add liquidity. That
rebate consists of 8 tiers, ranging from $0.20 per contract to $0.48
per contract, with the volume requirements increasing with each tier.
Thus, a NOM Participant would qualify for a rebate of $0.20 per
contract in Tier 1 for Customers and Professionals if it added
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of up
to 0.10% of total industry customer equity and ETF option average daily
volume (``ADV'') contracts per day in a month. In comparison, a
Participant would qualify for a rebate of $0.48 in Tier 8 for Customers
and Professionals if it adds Customer, Professional, Firm, Non-NOM
Market Maker and/or Broker-Dealer liquidity in Penny Pilot Options and/
or Non-Penny Pilot Options above 0.75% or more of total industry
customer equity and ETF option ADV contracts per day in a month, or if
the Participant adds: (1) Customer and/or Professional liquidity in
Penny Pilot Options and/or Non-Penny Pilot Options of 0.25% or more of
total industry customer equity and ETF option ADV contracts per day in
a month, and (2) has added liquidity in all securities through one or
more of its Nasdaq Market Center MPIDs that represent 1.00% or more of
Consolidated Volume in a month or qualifies for MARS.\6\
---------------------------------------------------------------------------

    \3\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Chapter I, Section
1(a)(48)).
    \4\ The term ``Professional'' or (``P'') means any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s) pursuant
to Chapter I, Section 1(a)(48). All Professional orders shall be
appropriately marked by Participants.
    \5\ The Penny Pilot was established in March 2008. See
Securities Exchange Act Release No. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot). Since that date,
the Penny Pilot has been expanded and is currently extended through
December 31, 2016 or the date of permanent approval, if earlier. See
Securities Exchange Act Release No. 78037 (June 10, 2016), 81 FR
39299 (June 16, 2016) (SR-NASDAQ-2016-052).
    \6\ MARS refers to the Market Access and Routing Subsidy, which
is set forth in Chapter XV, Section 6 [sic]. The MARS payment
comprises four volume-based tiers, and is paid to NOM Participants
that route eligible contracts to NOM through a participating NOM
Participant's System. The MARS Payment will be paid on all executed
Eligible Contracts that add liquidity. See NOM Rules at Chapter XV,
Section 6 [sic].
---------------------------------------------------------------------------

    Currently, Customers and Professionals transacting in Non-Penny
Pilot Options on NOM receive a $0.80 per contract Rebate to Add
Liquidity. In addition, a Participant that qualifies for a Customer or
Professional Penny Pilot Options Rebate to Add Liquidity in Tiers 2, 3,
4, 5 or 6 in a month will receive an additional $0.10 per contract Non-
Penny Pilot Options Rebate to Add Liquidity for each transaction which
adds liquidity in Non-Penny Pilot Options in that month. A Participant
that qualifies for a Customer or Professional Penny Pilot Options
Rebate to Add Liquidity in Tiers 7 or 8 in a month will receive an
additional $0.20 per contract Non-Penny Pilot Options Rebate to Add
Liquidity for each transaction which adds liquidity in Non-Penny Pilot
Options in that month.
    Furthermore, a Participant that may receive a $0.53 per contract
Rebate to Add Liquidity in Penny Pilot Options as a Customer or
Professional, and $1.00 per contract Rebate to Add Liquidity in Non-
Penny Pilot Options as a Customer or Professional, if that NOM
Participant transacts on the NASDAQ Stock Market through one or more of
its Nasdaq Market Center MPIDs in the same month, and such transactions
in all securities on the NASDAQ Stock Market that month through all of
its Nasdaq Market Center MPIDs represent 3.00% or more of Consolidated
Volume.\7\ Participants that qualify for this rebate would not be
eligible for any other rebates in Tiers 1 through 8 or other rebate
incentives on NOM for Customer and Professional order flow in Chapter
XV, Section 2(1) of NOM Rules.\8\
---------------------------------------------------------------------------

    \7\ Consolidated Volume would be determined as set forth in
Nasdaq Rule 7018(a).
    \8\ In calculating total volume, the Exchange will add the NOM
Participant's total volume transacted on the NASDAQ Stock Market in
a given month across its Nasdaq Market Center MPIDs, and will divide
this number by the total industry Consolidated Volume.
---------------------------------------------------------------------------

    The Exchange proposes an additional incentive to a Participant that
adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Pilot Options and/or Non-Penny Pilot Options
above 1.45% of total industry customer equity and ETF option ADV
contracts per day in a month, (b) executes greater than 0.04% of
Consolidated Volume (``CV'') \9\ via Market-on-Close/Limit-on-Close
(``MOC/LOC'') \10\ volume within the NASDAQ Stock Market Closing Cross
within a month, and (c) adds greater than 1.5 million shares per day of
non-displayed volume within the NASDAQ Stock Market within a month. The
Participant would receive a $0.55 per contract rebate to add liquidity
in Penny Pilot Options as Customer or Professional and $1.05 per
contract rebate to add liquidity in Non-Penny Pilot Options as Customer
or Professional. Participants that qualify for this rebate would not be
eligible for any other rebates in Tiers 1-8 or other rebate incentives
on NOM for Customer and Professional order flow in Chapter XV, Section
2(1). The Exchange believes that the new incentives will attract a
greater amount of order flow on NOM by offering a discounted rate.
---------------------------------------------------------------------------

    \9\ See note 7 above.
    \10\ MOC/LOC, as set forth in NASDAQ Rule 4754, represents the
volume in the NASDAQ Stock Market Closing Cross that allows market
participants to contribute order flow that will result in executions
at the official closing price for the day in the NASDAQ listed
security. A ``MOC Order'' is an order type entered without a price
that may be executed only during the NASDAQ Closing Cross, which
refers to the equity closing cross. A ``LOC Order'' is an order type
entered with a price that may be executed only in the NASDAQ Closing
Cross.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\11\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its

broader forms that are most important to investors and listed
companies.'' \13\
---------------------------------------------------------------------------

    \13\ Securities Exchange Act Release No. 51808 (June 9, 2005),
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission
\14\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of
a market-based approach in evaluating the fairness of market data fees
against a challenge claiming that Congress mandated a cost-based
approach.\15\ As the court emphasized, the Commission ``intended in
Regulation NMS that `market forces, rather than regulatory
requirements' play a role in determining the market data . . . to be
made available to investors and at what cost.'' \16\
---------------------------------------------------------------------------

    \14\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \15\ See NetCoalition, at 534-535.
    \16\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers' . . . . '' \17\ Although the court and
the SEC were discussing the cash equities markets, the Exchange
believes that these views apply with equal force to the options
markets.
---------------------------------------------------------------------------

    \17\ Id. at 539 (quoting Securities Exchange Act Release No.
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008)
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange notes that the purpose of the proposed rebates is to
incentivize NOM Participants to transact greater volume on NOM and the
NASDAQ Stock Market in order to qualify for a higher rebate on NOM. The
Exchange believes that the amount of the rebate ($0.55 per contract for
Penny Pilot Options and $1.05 per contract for Non-Penny Pilot Options)
along with the various criteria for qualifying for the rebate ((a) add
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Pilot Options and/or Non-Penny Pilot Options above
1.45% of total industry customer equity and ETF option ADV contracts
per day in a month, (b) execute greater than 0.04% of Consolidated
Volume (``CV'') via Market-on-Close/Limit-on-Close (``MOC/LOC'') volume
within the NASDAQ Stock Market Closing Cross within a month, and (c)
add greater than 1.5 million shares per day of non-displayed within the
NASDAQ Stock Market within a month) are reasonable. With respect to the
rebate for Penny Pilot Options, the Exchange notes that the proposed
$0.55 per contract rebate is higher than the currently highest rebate
available ($0.53 per contract) to Customers and Professionals for
adding liquidity in Penny Pilot Options.\18\ The Exchange believes the
proposed rebate of $0.55 per contract is reasonable because the
proposed rebate requires three components ((a) add Customer,
Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity
in Penny Pilot Options and/or Non-Penny Pilot Options above 1.45% of
total industry customer equity and ETF option ADV contracts per day in
a month, (b) execute greater than 0.04% of Consolidated Volume (``CV'')
via Market-on-Close/Limit-on-Close (``MOC/LOC'') volume within the
NASDAQ Stock Market Closing Cross within a month, and (c) add greater
than 1.5 million shares per day of non-displayed volume within the
NASDAQ Stock Market within a month) to be met by NOM Participants in
order to qualify for that rebate. These requirements require more
volume to be submitted on NOM than the current highest rebate requires
today. Similarly, the Exchange believes the proposed $1.05 rebate per
contract for Non-Penny Pilot Options is reasonable for similar reasons.
The requirements to obtain this rebate require more volume to be
submitted on NOM.
---------------------------------------------------------------------------

    \18\ As noted above, a NOM Participant will receive a rebate of
$0.48 per contract for adding liquidity as a Customer or
Professional in Penny Pilot Options if it qualifies for Tier 8. In
addition, as noted in footnote c of Chapter XV, Section 2, a NOM
Participant may receive an additional rebate of up to $0.05 per
contract in Penny Pilot Options, for a total rebate of $0.53 per
contract. Specifically, Participants that: (1) Add Customer,
Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Pilot Options and/or Non- Penny Pilot Options of
1.15% or more of total industry customer equity and ETF option ADV
contracts per day in a month will receive an additional $0.02 per
contract Penny Pilot Options Customer and/or Professional Rebate to
Add Liquidity for each transaction which adds liquidity in Penny
Pilot Options in that month; or (2) add Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Pilot Options and/or Non-Penny Pilot Options of 1.30% or more of
total industry customer equity and ETF option ADV contracts per day
in a month will receive an additional $0.05 per contract Penny Pilot
Options Customer and/or Professional Rebate to Add Liquidity for
each transaction which adds liquidity in Penny Pilot Options in that
month; or (3) (a) add Customer, Professional, Firm, Non-NOM Market
Maker and/or Broker-Dealer liquidity in Penny Pilot Options and/or
Non-Penny Pilot Options above 0.80% of total industry customer
equity and ETF option ADV contracts per day in a month, (b) add
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Non-Penny Pilot Options above 0.15% of total
industry customer equity and ETF option ADV contracts per day in a
month, and (c) execute greater than 0.04% of Consolidated Volume
(``CV'') via Market-on-Close/Limit-on-Close (``MOC/LOC'') volume
within the NASDAQ Stock Market Closing Cross within a month will
receive an additional $0.05 per contract Penny Pilot Options
Customer and/or Professional Rebate to Add Liquidity for each
transaction which adds liquidity in Penny Pilot Options in a month.
Consolidated Volume shall mean the total consolidated volume
reported to all consolidated transaction reporting plans by all
exchanges and trade reporting facilities during a month in equity
securities, excluding executed orders with a size of less than one
round lot. For purposes of calculating Consolidated Volume and the
extent of an equity member's trading activity, expressed as a
percentage of or ratio to Consolidated Volume, the date of the
annual reconstitution of the Russell Investments Indexes shall be
excluded from both total Consolidated Volume and the member's
trading activity.
---------------------------------------------------------------------------

    The Exchange believes that the requirement that a NOM Participant
add Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Pilot Options and/or Non-Penny Pilot Options
above 1.45% of total industry customer equity and ETF option ADV
contracts per day in a month, execute greater than 0.04% of
Consolidated Volume (``CV'') via Market-on-Close/Limit-on-Close (``MOC/
LOC'') volume within the NASDAQ Stock Market Closing Cross within a
month, and add greater than 1.5 million shares per day of non-displayed
volume within the NASDAQ Stock Market within a month is reasonable
because the Exchange is offering to pay a rebate of $0.55 per contract,
the highest rebate. These more stringent volume-based requirements
bring a greater amount of volume to both NOM and the NASDAQ Stock
Market. The first volume requirement, which requires volume to be added
to NOM, is reasonable because it is similar to that required to qualify
for certain NOM Market Maker discounted remove fees.\19\ The second
volume requirement

to execute greater than 0.04% of Consolidated Volume (``CV'') via
Market-on-Close/Limit-on-Close (``MOC/LOC'') volume within the NASDAQ
Stock Market Closing Cross within a month is reasonable because it is
one of the same requirements to qualify for note ``c'' in Chapter XV,
Section 2 of NOM Rules.\20\ The third volume requirement to add greater
than 1.5 million shares per day of non-displayed volume within the
NASDAQ Stock Market within a month is a new requirement, which must be
met in addition to the first and second volume requirements. The
Exchange believes that this requirement is reasonable because linking
rebates on NOM to activity on the NASDAQ Stock Market is not novel. The
Exchange believes that requiring Participants to add non-displayed
volume within the NASDAQ Stock Market is reasonable because this type
of liquidity benefits all market participants by way of interacting
with that liquidity on the equity market.\21\ By encouraging market
participants to increase their participation on the equities market by
delivering non-displayed volume, the Exchange is rewarding Participants
with an opportunity to earn an additional options incentive, provided
all requirements are met. The Exchange notes that previous and current
rebates offered by NOM relate to activity on the NASDAQ Stock
Market.\22\ Similarly, the NASDAQ Stock Market offers enhanced rebates
that are based on activity on NOM.\23\ Moreover, the Exchange notes
that any NOM Options Participant may trade equities on the NASDAQ Stock
Market because they are approved members.\24\
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    \19\ See note ``2'' of Chapter XV, Section 2 of NOM Rules. The
note ``2 ``rebate is offered to Non-NOM Market Makers and NOM Market
Makers that add 1.30% of Customer, Professional, Firm, Broker-Dealer
or Non-NOM Market Maker liquidity in Penny Pilot Options and/or Non-
Penny Pilot Options of total industry customer equity and ETF option
ADV contracts per day in a month will be subject to the following
pricing applicable to executions: A $0.48 per contract Penny Pilot
Options Fee for Removing Liquidity when the Participant is (i) both
the buyer and the seller or (ii) the Participant removes liquidity
from another Participant under Common Ownership. In the alternative,
Participants that add 1.50% of Customer, Professional, Firm, Broker-
Dealer or Non-NOM Market Maker liquidity in Penny Pilot Options and/
or Non-Penny Pilot Options of total industry customer equity and ETF
option ADV contracts per day in a month and meet or exceed the cap
for the NASDAQ Stock Market Opening Cross during the month will be
subject to the following pricing applicable to executions less than
10,000 contracts: A $0.32 per contract Penny Pilot Options Fee for
Removing Liquidity when the Participant is (i) both the buyer and
seller or (ii) the Participant removes liquidity from another
Participant under Common Ownership. Finally, Participants that add
1.75% of Customer, Professional, Firm, Broker-Dealer or Non-NOM
Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot
Options of total industry customer equity and ETF option ADV
contracts per day in a month will be subject to the following
pricing applicable to executions less than 10,000 contracts: A $0.32
per contract Penny Pilot Options Fee for Removing Liquidity when the
Participant is (i) both the buyer and seller or (ii) the Participant
removes liquidity from another Participant under Common Ownership.
    \20\ Note ``c'' of Chapter XV, Section 2 pays an additional
$0.05 per contract Penny Pilot Options Customer and/or Professional
Rebate to Add Liquidity, in addition to the Tier 8 rebate of $0.48
per contract if a Participant: (1) Adds Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Pilot Options and/or Non-Penny Pilot Options of 1.15% or more of
total industry customer equity and ETF option ADV contracts per day
in a month will receive an additional $0.02 per contract Penny Pilot
Options Customer and/or Professional Rebate to Add Liquidity for
each transaction which adds liquidity in Penny Pilot Options in that
month; or (2) adds Customer, Professional, Firm, Non-NOM Market
Maker and/or Broker-Dealer liquidity in Penny Pilot Options and/or
Non-Penny Pilot Options of 1.30% or more of total industry customer
equity and ETF option ADV contracts per day in a month will receive
an additional $0.05 per contract Penny Pilot Options Customer and/or
Professional Rebate to Add Liquidity for each transaction which adds
liquidity in Penny Pilot Options in that month; or (3) (a) adds
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Pilot Options and/or Non-Penny Pilot
Options above 0.80% of total industry customer equity and ETF option
ADV contracts per day in a month, (b) adds Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Non-
Penny Pilot Options above 0.15% of total industry customer equity
and ETF option ADV contracts per day in a month, and (c) executes
greater than 0.04% of Consolidated Volume (``CV'') via Market-on-
Close/Limit-on-Close (``MOC/LOC'') volume within the NASDAQ Stock
Market Closing Cross within a month.
    \21\ Orders that are non-displayed would not be disseminated on
the NASDAQ Stock Market Order Book feed. A Participant may be
incentivized to increase their participation on the NASDAQ Stock
Market, which may result in interacting with such non-displayed
volume. Increased order interaction benefits all market
participants.
    \22\ See current note ``e'' of Chapter XV, Section IV [sic] of
NOM Rules which provides a rebate to NOM Participants that transact
in all securities through one or more of its Nasdaq Market Center
MPIDs that represent 3.00% or more of Consolidated Volume in the
same month on the NASDAQ Stock Market.
    \23\ For example, Nasdaq provides an enhanced rebate on the
NASDAQ Stock Market of $0.00295 if the member adds Customer,
Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of
1.15% or more of total industry ADV in the customer clearing range
for Equity and ETF option contracts per day in a month on NOM. See
Nasdaq Rule 7018.
    \24\ Although a NOM Participant may incur additional labor and/
or costs to establish connectivity to the NASDAQ Stock Market, there
are no additional membership fees for NOM Participants that want to
transact on the NASDAQ Stock Market.
---------------------------------------------------------------------------

    Further, the Exchange believes it is reasonable to make this rebate
exclusive of any other rebates in Tiers 1 through 8 or other rebate
incentives on NOM for Customer and Professional order flow in Chapter
XV, Section 2(1) of NOM Rules. As noted above, the proposed rebates are
higher, and in some cases significantly higher, than the rebates that a
NOM Participant may currently receive for adding liquidity in Penny
Pilot and Non-Penny Pilot Options as a Customer or Professional. Given
the size of the proposed rebates, the Exchange believes it is
reasonable to make these rebates exclusive of other rebates on NOM for
Customer and Professional order flow. Finally, the Exchange also
believes the proposal is reasonable because the proposed rebates apply
to both transactions in Penny Pilot and Non-Penny Pilot Options.
    The Exchange believes that the amount of the rebate ($0.55 per
contract for Penny Pilot Options and $1.05 per contract for Non-Penny
Pilot Options) along with the various criteria for qualifying for the
rebate ((a) add Customer, Professional, Firm, Non-NOM Market Maker and/
or Broker-Dealer liquidity in Penny Pilot Options and/or Non-Penny
Pilot Options above 1.45% of total industry customer equity and ETF
option ADV contracts per day in a month, (b) execute greater than 0.04%
of Consolidated Volume (``CV'') via Market-on-Close/Limit-on-Close
(``MOC/LOC'') volume within the NASDAQ Stock Market Closing Cross
within a month, and (c) add greater than 1.5 million shares per day of
non-displayed within the NASDAQ Stock Market within a month) is
equitable and not unfairly discriminatory because any Participant that
qualifies for this rebate will be uniformly paid $0.55 per contract for
Penny Pilot Options and $1.05 per contract for Non-Penny Pilot Options.
The requirements for earning this rebate will be applied uniformly to
all market participants. The Exchange believes that requiring
Participants to add non-displayed volume is equitable and not unfairly
discriminatory because the Exchange will pay the incentive, in a
uniform manner, to Participants that have met all criteria required for
the rebate.
    The Exchange believes that the requirement that a NOM Participant
add Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Pilot Options and/or Non-Penny Pilot Options
above 1.45% of total industry customer equity and ETF option ADV
contracts per day in a month, execute greater than 0.04% of
Consolidated Volume (``CV'') via Market-on-Close/Limit-on-Close (``MOC/
LOC'') volume within the NASDAQ Stock Market Closing Cross within a
month, and add greater than 1.5 million shares per day of non-displayed
volume within the NASDAQ Stock Market within a month is equitable and
not unfairly discriminatory because while the requirements for
qualifying for the proposed rebates may be more stringent than other
requirements for qualifying for other rebates currently offered by NOM,
the Exchange believes that these requirements are proportionate to the
amount of the proposed rebates and equitably reflect the purpose of the
proposed rebates, which is to incentivize NOM Participants to transact
greater volume on NOM and the NASDAQ Stock Market. Moreover, all
similarly-situated NOM Participants, e.g., those that add liquidity in
either Penny Pilot or Non-Penny Pilot Options as either Customers or
Professionals and also transact on the NASDAQ Stock

Market, are equally capable of qualifying for the proposed rebates, and
the same rebates will be paid to all NOM Participants that qualify for
them. Further, the Exchange believes that it is equitable and not
unfairly discriminatory to offer this rebate to NOM Participants that
add liquidity as Customers or Professionals, and not to offer this
rebate to NOM Participants that add liquidity as Firms,\25\ NOM Market
Makers,\26\ Non-NOM Market Makers, or Broker-Dealers.\27\ Nasdaq notes
that Customer liquidity offers unique benefits to the market which
benefits all market participants by providing more trading
opportunities, which attracts Specialists and Market Makers. An
increase in the activity of these market participants in turn
facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
The Exchange believes that encouraging Participants to add Professional
liquidity is similarly beneficial, as the rebates may cause market
participants to select NOM as a venue to send Professional order flow,
increasing competition among the exchanges. As with Customer liquidity,
the Exchange believes that increased Professional additional order flow
should benefit other market participants.
---------------------------------------------------------------------------

    \25\ The term ``Firm'' or (``F'') applies to any transaction
that is identified by a Participant for clearing in the Firm range
at OCC.
    \26\ The term ``NOM Market Maker'' or (``M'') is a Participant
that has registered as a Market Maker on NOM pursuant to Chapter
VII, Section 2, and must also remain in good standing pursuant to
Chapter VII, Section 4. In order to receive NOM Market Maker pricing
in all securities, the Participant must be registered as a NOM
Market Maker in at least one security.
    \27\ The term ``Broker-Dealer'' or (``B'') applies to any
transaction which is not subject to any of the other transaction
fees applicable within a particular category.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their order routing practices,
the Exchange believes that the degree to which fee changes in this
market may impose any burden on competition is extremely limited.
    The Exchange does not believe that the proposed rebates will impose
any burden on competition that is not necessary or appropriate. The
Exchange notes that the purpose of the proposed rebate is to
incentivize NOM Participants to transact on NOM and the NASDAQ Stock
Market. All similarly-situated NOM Participants, e.g., those that add
liquidity in either Penny Pilot or Non-Penny Pilot Options as either
Customers or Professionals and also transact the requisite volumes on
the NASDAQ Stock Market, are equally capable of qualifying for the
proposed rebates. Additionally, the Exchange will pay the same rebates,
in a uniform manner, to all NOM Participants that qualify for them. The
Exchange believes that Customer and Professional order flow provides
unique benefits to all participants on the Exchange and may even
facilitate inter-market competition, and is therefore offering the
proposed rebates to NOM Participants that add liquidity as either a
Customer or a Professional accordingly. With respect to linking the
proposed rebates to a participant's activity on the NASDAQ Stock
Market, NOM currently offers rebates that are based on activity on the
NASDAQ Stock Market.\28\ Similarly, the NASDAQ Stock Market currently
offers reduced transaction fees that are based on activity on NOM.\29\
Finally, because they are approved members, any NOM Options Participant
may trade equities on the NASDAQ Stock Market and therefore attempt to
qualify for the proposed rebates.\30\
---------------------------------------------------------------------------

    \28\ See note 22 above.
    \29\ See note 23 above.
    \30\ See note 24 above.
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\31\
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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 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_ADDRESS>Please include
File Number SR-NASDAQ-2017-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2017-001.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official

business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2017-001 and should be submitted on or before
February 14, 2017.
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01464 Filed 1-23-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Proposed Rules]
[Pages 11620-11621]
[FR Doc No: 2013-03602]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9780-5]

National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List: Deletion of the Kerr-McGee (Sewage Treatment
Plant) Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing
a Notice of Intent to Delete the Kerr-McGee Sewage Treatment Plant
Superfund Site located in West Chicago, DuPage County, Illinois from
the National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to Section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). EPA and the
State of Illinois, through the Illinois Environmental Protection Agency
(IEPA), have determined that all appropriate response actions under
CERCLA have been completed. However, this deletion does not preclude
future actions under Superfund.

DATES: Comments must be received by March 21, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
     http://www.regulations.gov: Follow online instructions for
submitting comments.
     Email: Gladys Beard, NPL Deletion Process Manager, at
<EMAIL_ADDRESS>or Janet Pope, Community Involvement Coordinator,
at<EMAIL_ADDRESS>     Fax: Gladys Beard, NPL Deletion Process Manager, at (312)
697-2077.
     Mail: Timothy Fischer, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604,<PHONE_NUMBER>, or Janet Pope, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604,<PHONE_NUMBER> or<PHONE_NUMBER>.
     Hand delivery: Janet Pope, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted
during the docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1990-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in the hard copy. Publicly available docket materials are available
either electronically at http://www.regulations.gov or in hard copy at:
     U.S. Environmental Protection Agency--Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604, Phone:<PHONE_NUMBER>. Hours:
Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal
holidays.
     West Chicago Public Library, 118 West Washington Street,
West Chicago, IL 60185, Phone:<PHONE_NUMBER>. Hours: Monday through
Thursday, 9:30 a.m. to 9:00 p.m. CST, Friday and Saturday, 9:00 a.m. to
5:00 p.m. CST, Sunday, 1:00 p.m. to 5:00 p.m. CST.

FOR FURTHER INFORMATION CONTACT: Timothy Fischer, Remedial Project
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
today's Federal Register, we are publishing a direct final Notice of
Deletion of the Kerr-McGee (Sewage Treatment Plant) Superfund Site
without prior Notice of Intent to Delete because we view this as a
noncontroversial revision and anticipate no adverse comment. We have
explained our reasons for this deletion in the preamble to the direct
final

Notice of Deletion, and those reasons are incorporated herein. If we
receive no adverse comment(s) on this deletion action, we will not take
further action on this Notice of Intent to Delete. If we receive
adverse comment(s), we will withdraw the direct final Notice of
Deletion, and it will not take effect. We will, as appropriate, address
all public comments in a subsequent final Notice of Deletion based on
this Notice of Intent to Delete. We will not institute a second comment
period on this Notice of Intent to Delete. Any parties interested in
commenting must do so at this time.
    For additional information, see the direct final Notice of Deletion
which is located in the ``Rules and Regulations'' section of this
Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Radiation protection, Radionuclides, Reporting and
recordkeeping requirements, Superfund, Water pollution control, and
Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

    Dated: January 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-03602 Filed 2-15-13; 8:45 am]
BILLING CODE 6560-50-P