[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Proposed Rules]
[Pages 40947-40949]
[FR Doc No: 2015-16940]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2714; Directorate Identifier 2014-SW-052-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Model AS332C1, AS332L1, AS332L2, EC225LP, AS-365N2,
AS 365 N3, EC 155B, and EC155B1 helicopters with an energy absorbing
seat (seat). This proposed AD would require inspecting for the presence
of labels that prohibit stowing anything under the seat. If a label is
missing or not clearly visible to each occupant, installing a label
would be required. This proposed AD is prompted by the discovery that
required labels had not been systematically installed. The proposed
actions are intended to prevent objects from being stowed under the
seat as these objects could reduce the energy-absorbing function of the
seat, resulting in injury to the seat occupants during an accident.

DATES: We must receive comments on this proposed AD by September 14,
2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the European
Aviation Safety Agency (EASA) AD, the economic evaluation, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will

consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA AD No. 2014-0204, dated September 11, 2014,
followed by a correction dated September 12, 2014, to correct an unsafe
condition for Airbus Helicopters Model AS332C1, AS332L1, AS332L2,
EC225LP, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters. EASA
advises that during certification of an energy absorbing seat with a
new part number, it was observed that the label that requires keeping
the space under the seat free of any object was not systematically
installed in a helicopter. EASA states that this condition, if not
corrected, could prompt occupants to stow objects under an energy
absorbing seat, which would reduce the effectiveness of the seat and
the occupants' chance of surviving an accident. The EASA AD
consequently requires a one-time inspection for the presence of labels
and, if they are missing or unreadable, making and installing labels
prohibiting the placing of an object under an energy absorbing seat.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    Airbus Helicopters issued Alert Service Bulletin (ASB) No. AS332-
01.00.85 for Model AS332C1, AS332L1, AS332L2 helicopters; ASB No.
AS365-01.00.66 for Model AS-365N2 and AS 365 N3 helicopters; ASB No.
EC155-04A013 for EC 155B and EC155B1 helicopters; and ASB No. EC225-
04A012 for Model EC225LP helicopters. All ASBs are Revision 0 and dated
August 26, 2014. The ASBs state that during certification of an energy
absorbing seat with a new part number, it was observed that the label,
which indicates that the space under the seats must remain free of
objects, was not systematically installed. Objects stowed under these
seats reduce the energy absorbing function and thus jeopardize the
occupant's survival in the event of a crash, the ASBs state. Pending a
definitive solution, Airbus Helicopters calls for affixing a label that
states that nothing can be stored under the seats.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
proposed AD.

Proposed AD Requirements

    Within 110 hours time in service this proposed AD would require:
     For Model AS332C1, AS332L1, AS332L2, and EC225LP
helicopters: Inspecting the cabin and cockpit for labels, placards, or
markings that prohibit stowing anything under the seats. If a label,
placard, or marking is not located in every required location or is not
visible and legible to every occupant, before further flight,
installing a placard.
     For Model AS-365N2, AS 365 N3, EC 155B, and EC155B1
helicopters: Inspecting each seat leg in the cabin and cockpit for
labels, placards, or markings that prohibit stowing anything under the
seats. If a label, placard, or marking does not exist on one leg of
each seat or is not visible and legible, before further flight,
installing a placard.

Costs of Compliance

    We estimate that this proposed AD would affect 52 helicopters of
U.S. Registry and that labor costs average $85 a work-hour. Based on
these estimates, we expect that the inspection for the presence of a
label would take a quarter work hour for a labor cost of about $21. The
cost of parts and time for installing a label would be minimal, for a
total cost of $21 per helicopter and $1,092 for the U.S. fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive

(AD): Airbus Helicopters: Docket No. FAA-2015-2714; Directorate
Identifier 2014-SW-052-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS332C1, AS332L1,
AS332L2,

EC225LP, AS-365N2, AS 365 N3, EC 155B, and EC155B1 helicopters with
an energy absorbing seat (seat) listed in Figure 1 to paragraph (a)
of this AD, certificated in any category.

                        Figure 1 to Paragraph (a)
------------------------------------------------------------------------
                                                         Generic part
        Seat manufacturer              Seat type            number
------------------------------------------------------------------------
Fischer + Entwicklungen.........  H110..............  9606-( )-( )-( )
                                  H140..............  0520-( )-( )-( )
                                  H160..............  0718-( )-( )-( )-(
                                                       )
                                  185/410...........  9507-( )-( )-( )
                                  236/406...........  9608-( )-( )-( )
SICMA Aero Seat or Zodiac Seats   Sicma 192.........  192xx-xx-xx
 France.
                                  Sicma<PHONE_NUMBER>-xx
                                                      159110
Socea Sogerma...................  ST102.............  2510102-xx-xx
                                  ST107.............  2010107-xx-xx
                                  ST120.............  2520120-xx
------------------------------------------------------------------------

    Note 1 to Figure 1 to paragraph (a) of this AD:  ``xx'' can be
any two alphanumeric characters and ``( )'' can be any number of
alphanumeric characters.

(b) Unsafe Condition

    This AD defines the unsafe condition as an object stowed under
an energy-absorbing seat. This condition could reduce the efficiency
of the energy-absorbing function of the seat, resulting in injury to
the seat occupants during an accident.

(c) Comments Due Date

    We must receive comments by September 14, 2015.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 110 hours time in service:
    (1) For Model AS332C1, AS332L1, AS332L2, and EC225LP
helicopters:
    (i) Inspect the cabin and cockpit for labels, placards, or
markings that prohibit stowing anything under the seats in the
locations shown in the figure in the Appendix of Airbus Helicopters
Alert Service Bulletin No. AS332-01.00.85 (ASB AS332-01.00.85) or
No. EC225-04A012 (ASB EC225-04A012), both Revision 0 and dated
August 26, 2014, as applicable for your model helicopter.
    (ii) If a label, placard, or marking is not located in every
location depicted in the figure in the Appendix or is not visible
and legible to every occupant, before further flight, install a
placard in accordance with the Accomplishment Instructions,
paragraph 3.B., of ASB AS332-01.00.85 or ASB EC225-04A012, as
applicable for your model helicopter.
    (2) For Model AS-365N2, AS 365 N3, EC 155B, and EC155B1
helicopters:
    (i) Inspect each seat leg in the cabin and cockpit for labels,
placards, or markings that prohibit stowing anything under the
seats.
    (ii) If a label, placard, or marking does not exist on one leg
of each seat or is not visible and legible, before further flight,
install a placard in accordance with the Accomplishment
Instructions, paragraph 3.B., and the Appendix of Airbus Helicopters
Alert Service Bulletin No. AS365-01.00.66 or No. EC155-04A013, both
Revision 0 and dated August 26, 2014, as applicable for your model
helicopter.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2014-0204, dated September 11, 2014, and
corrected September 12, 2014. You may view the EASA AD on the
Internet at http://www.regulations.gov in Docket No. FAA-2015-2714.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 1100, Placards and
Markings.

    Issued in Fort Worth, Texas, on July 2, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2015-16940 Filed 7-13-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50211-50212]
[FR Doc No: 2011-20551]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. EL11-58-000]

Duke Energy Ohio, Inc.; Notice of Petition for Declaratory Order

    Take notice that on August 5, 2011, Duke Energy Ohio, Inc. filed a
Petition for Declaratory Order, requesting the Federal Energy
Regulatory Commission (Commission) find that payment of dividends from
equity accounts that represent adjusted retained earnings does not
violate section 205(a) of the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.

Persons unable to file electronically should submit an original and 14
copies of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on September 6, 2011.

    Dated: August 8, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-20551 Filed 8-11-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35780]
[DOCID:fr23jn10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-36-000]

ONEOK Texas Gas Storage, LLC; Notice of Baseline Filing

June 16, 2010.
    Take notice that on June 15, 2010, ONEOK Texas Gas Storage, LLC
submitted a baseline filing of its Storage Statement of Operating
Conditions for services provided under section 311 of the Natural Gas
Policy Act of 1978 (``NGPA'').
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before 5 p.m. Eastern time on the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Friday, June 25, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-15144 Filed 6-22-10; 8:45 am]
BILLING CODE 6717-01-P


                             SUPPORTING STATEMENT
                        ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal)

1.   Identification of the Information Collection

      1(a)  Title of the Information Collection

NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal), EPA ICR number 2298.03, OMB Control Number 2060-0622

      1(b)  Short Characterization/Abstract

	The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Nine Metal Fabrication and Finishing Area Source Categories (40 CFR Part 63, Subpart XXXXXX) were proposed on April 03, 2008 (73 FR 18334), and promulgated on July 23, 2008 (73 FR 42978).  These regulations apply to owners or operators of any existing or new metal fabrication and finishing facility that is an area source of hazardous air pollutants (HAP) emissions and uses or has the potential to emit metal fabrication or finishing metal HAP (MFHAP), defined to be the compounds of cadmium, chromium, lead, manganese, and nickel, or any of these metals in the elemental form with the exception of lead.  The affected sources consist of several types of metal fabrication and finishing processes, including any abrasive blasting, metalworking (which includes machining, and dry grinding and dry polishing with machines), spray painting, and welding operations that use or have potential to emit any MFHAP.

      In general, all NESHAP standards require initial notifications, annual compliance certifications (which include annual reports of exceedences if any have occurred.)  Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative.  These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP.

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

      There are an estimated 5,800 sources that will be subject to this standard, with no new additional sources expected during the next three years.  Consequently, the average annual number of sources during the 3-year period of this ICR is 1,933.

      All of the nine metal fabrication and finishing facilities in the United States are owned and operated by the metal fabrication and finishing industry (the "Affected Public").  None of  these facilities in the United States are owned by state, local, tribal or the federal government.  They are all privately-owned, for-profit businesses.  The burden to the "Affected Public" is listed below in Table 1: Annual Respondent Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).  The burden to the "Federal Government" is attributed entirely to work performed by federal employees or government contractors; this burden may be found below in Table 2: Average Annual EPA Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

      The Office of Management and Budget (OMB) approved the currently active Information Collection Request (ICR) without any "Terms of Clearance."

2.  Need For and Use of the Collection

      2(a)  Need/Authority for the Collection

      The EPA is charged under Section 112 of the Clean Air Act (CAA), as amended, to establish standards of performance for each category or subcategory of major sources and area sources of hazardous air pollutants.  These standards are applicable to new or existing sources   of hazardous air pollutants and shall require the maximum degree of emission reduction.  In addition, Section 114(a) states that the Administrator may require any owner/operator subject    to any requirement of this Act to:

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

      In the Administrator's judgment, HAP emissions from metal fabrication or finishing processes cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare.  Therefore, the NESHAP was promulgated for this source category at 40 CFR part 63, subpart XXXXXX.

      2(b)  Practical Utility/Users of the Data

      The recordkeeping and reporting requirements in the standard ensure compliance with the applicable regulations which where promulgated in accordance with the Clean Air Act.  The collected information is also used for targeting inspections and as evidence in legal proceedings.

      The notifications required in the standard are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations.  The reviewing authority may then inspect the source to check if the leaks are being detected and repaired and the standard is being met.

      The required semiannual reports are used to determine periods of excess emissions, identify problems at the facility, verify operation/maintenance procedures and for compliance determinations.

3.  Non-duplication, Consultations, and Other Collection Criteria

	The requested recordkeeping and reporting are required under 40 CFR part 63, subpart XXXXXX.

      3(a)  Non-duplication

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

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

      An announcement of a public comment period for the renewal of this ICR was published in the Federal Register (77 FR 6557) on February 8, 2012.  No comments were received on the burden published in the Federal Register.

      3(c)  Consultations

      The Agency's industry experts have been consulted, and the Agency's internal data sources and projections of industry growth over the next three years have been considered.  The primary source of information as reported by industry, in compliance with the recordkeeping and reporting provisions in the standard, is the Online Tracking Information System (OTIS) which is operated and maintained by the EPA Office of Compliance.  OTIS is EPA's database for the collection, maintenance, and retrieval of all compliance data.  The growth rate for the industry is based on our consultations with the Agency's internal industry experts.

      Industry trade associations and other interested parties were provided an opportunity to comment on the burden associated with the standard as it was being developed and the standard has been previously reviewed to determine the minimum information needed for compliance purpose.  In developing this ICR, we contacted: 1) the Edison Welding Institute, at<PHONE_NUMBER>; 2) the Metal Powder Industries Federation, at<PHONE_NUMBER>; and3) the National Electrical Manufacturers, at<PHONE_NUMBER>.

      It is our policy to respond after a thorough review of comments received since the last ICR renewal as well as those submitted in response to the first Federal Register notice.

      3(d)  Effects of Less Frequent Collection

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

      3(e)  General Guidelines

      These reporting or recordkeeping requirements do not violate any of the regulations promulgated by OMB under 5 CFR part 1320, section 1320.5.

      These standards require the respondents to maintain all records, including reports and notifications for at least five years.  This is consistent with the General Provisions as applied to the standards.  EPA believes that the five-year records retention requirements is consistent with the Part 70 permit program and the five-year statute of limitations on which the permit program is based.  The retention of records for five years allows EPA to establish the compliance history of a source, any pattern of non-compliance and to determine the appropriate level of enforcement action.  EPA has found that the most flagrant violators have violations extending beyond five years.  In addition, EPA would be prevented from pursuing the violators due to the destruction or nonexistence of essential records.

      3(f)  Confidentiality

      Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).

      3(g)  Sensitive Questions

	The reporting or recordkeeping requirements in the standard do not include sensitive questions.

4.	The Respondents and the Information Requested

	4(a)  Respondents/SIC Codes

      The respondents to the recordkeeping and reporting requirements are owners or operators of metal fabrication and finishing facilities.  The United States Standard Industrial Classification (SIC) codes for the respondents affected by the standard, which corresponds to the North American Industry Classification System (NAICS) codes, are listed below.

                   Standard (40 CFR Part 63, Subpart XXXXXX)
                                     SIC
                                     Codes
                                  NAICS Codes
Electrical and Electronic Equipment Finishing Operations
                                  3699, 3621

Fabricated Metal Products
                                     3499

Fabricated Plate Work (Boiler Shops)
                                     3443

Fabricated Structural Metal Manufacturing
                                     3441

Heating Equipment (Except Electric)
                                     3433

Industrial Machinery and Equipment: Finishing Operations
                               3531, 3533, 3561

Iron and Steel Forging
                                     3462

Primary Metal Products Manufacturing
                                     3399

Valves and Pipe Fittings
                                     3494

Iron and Steel Forging

                                    332111
Powder Metallurgy Part Manufacturing

                                    332117
Fabricated Structural Metal Manufacturing

                                    332312
Plate Work Manufacturing

                                    332313
Power Boiler and Heat Exchanger Manufacturing

                                    332410
Metal Tank (Heavy Gauge) Manufacturing

                                    332420
Other Fabricated Wire Product Manufacturing

                                    332618
Other Metal Valve and Pipe Fitting Manufacturing

                                    332919
All Other Miscellaneous Fabricated Metal Product Manufacturing

                                    332999
Construction Machinery Manufacturing

                                    333120
Oil and Gas Field Machinery and Equipment Manufacturing

                                    333132
Heating Equipment (except Warm Air Furnaces) Manufacturing

                                    333414
Pump and Pumping Equipment Manufacturing

                                    333911
Motor and Generator Manufacturing

                                    335312
All Other Miscellaneous Electrical Equipment and Component Manufacturing

                                    335999
  the Federal Register.d on the burden pubblished cesses that are collocated at many facilities onds to the NAICS (The North Am
      4(b)  Information Requested

            (i) Data Items

	In this ICR, all the data that is recorded or reported is required by the NESHAP for Nine Metal Fabrication and Finishing Area Source (40 CFR Part 63, Subpart XXXXXX).

      A source must make the following reports:

--------------------------------------------------------------------------------
Notifications

--------------------------------------------------------------------------------
Notification of applicability

--------------------------------------------------------------------------------
63.9(a)(2), 63.11519(a)(1)
--------------------------------------------------------------------------------
Notification of construction/reconstruction
--------------------------------------------------------------------------------
63.9(b)(5)
--------------------------------------------------------------------------------
Notification of special compliance requirements
--------------------------------------------------------------------------------
63.9(d)
--------------------------------------------------------------------------------
Notification of performance test
--------------------------------------------------------------------------------
63.9(e)
--------------------------------------------------------------------------------
Notification of opacity/VE observations
--------------------------------------------------------------------------------
63.9(f)
--------------------------------------------------------------------------------
Additional CMS notifications
--------------------------------------------------------------------------------
63.9(g)
--------------------------------------------------------------------------------
Notification of compliance status
--------------------------------------------------------------------------------
63.9(h), 63.11519(a)(2)
--------------------------------------------------------------------------------
Notification of changes in information
--------------------------------------------------------------------------------
63.9(j)

                                    Reports
Site-specific welding emissions management plan
63.11516(f)(7)(ii)
Startup, shutdown, or malfunction (SSM) plan
63.6(e)(3)
Performance test plan
63.7(c)(2)
CMS quality control plan
63.8(d)
CMS performance evaluation test plan
63.8(e)(3)

      A source must keep the following records:

                                 Recordkeeping
Records of notifications
63.10, 63.11519(c)(1)(i)
Records that demonstrate continuous compliance
63.10, 63.11519(c)(1)&(4-15)
Monitoring/inspection information
63.10, 63.11519(c)(2-3)
Reports of exceedences
N/A
Semiannual monitoring reports
N/A
Initial/repeat performance tests
63.7(e)(1), 63.6(h)(7)
Quality assurance test plan
63.7(c)
CMS performance evaluation/report
63.8(e)(5)
SSM reports
63.6(e)(3)
Excess emissions reports
63.10(e)(3)
Annual compliance certifications
N/A

Electronic Reporting

	Some of the respondents to CAA standards are using monitoring equipment that automatically records parameter data.  Although personnel at the affected facility must evaluate the data, internal automation has significantly reduced the burden associated with monitoring and recordkeeping at the plant site.

	Also regulatory agencies, in cooperation with the respondents, continue to create reporting systems to transmit data electronically.  However, electronic reporting systems are still not widely used.  At this time, it is estimated that approximately 10 percent of the respondents use electronic reporting.

            (ii)  Respondent Activities

                             Respondent Activities
Read instructions.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instruction and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

      Currently sources are using monitoring and reporting equipment that provide parameter data in an automated way e.g., continuous parameter monitoring system.  Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

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

      5(a)  Agency Activities

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

                               Agency Activities
Observe initial performance tests and repeat performance tests if necessary.
Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.
Audit facility records.
Input, analyze, and maintain data in the Online Tracking Information System (OTIS).

      5(b)  Collection Methodology and Management

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

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

      The records required by this regulation must be retained by the owner/operator for five years.

      5(c)  Small Entity Flexibility

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

      5(d)  Collection Schedule

	The specific frequency for each information collection activity within this request is shown below in Table 1: Annual Respondent Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

6.  Estimating the Burden and Cost of the Collection

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

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

      6(a)  Estimating Respondent Burden

      The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 20,562 hours at a cost of $1,972,260 (Total Labor Hours from Table 1 below).  These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NESHAP program, the previously approved ICR, and any comments received.

      6(b)  	Estimating Respondent Costs

      (i)  Estimating Labor Costs

      This ICR uses the following labor rates:

      Managerial	$121.42 ($57.82 + 110%)
      Technical	$99.14 ($47.21 + 110%)
      Clerical	$49.81 ($23.72 + 110%)

      These rates are from the United States Department of Labor, Bureau of Labor Statistics, September 2011, "Table 2. Civilian Workers, by occupational and industry group."  The rates are from column 1, "Total compensation."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

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

      The only costs to the regulated industry resulting from information collection activities required by the subject standard are labor costs.  There are no capital/startup or operation and maintenance costs.

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

	The only type of industry cost associated with the information collection activity in the regulations is labor costs.  There are no capital/startup or operation and maintenance costs.

      6(c)  	Estimating Agency Burden and Cost
--------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------
      The average annual Agency cost during the three years of the ICR is estimated to be $100,177.
--------------------------------------------------------------------------------

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

		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)
		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)
		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)
--------------------------------------------------------------------------------

These rates are from the Office of Personnel Management (OPM), 2011 General Schedule, which excludes locality, rates of pay.  The rates have been increased by 60 percent to account for the benefit packages available to government employees.  Details upon which this estimate is based appear below in Table 2: Average Annual EPA Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

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

      Based on our research for this ICR, on average over the next three years, approximately 5,800 existing sources will be subject to the standard.  It is estimated that no additional respondents per year will become subject to the standard.  Consequently the average annual number of sources expected to read the rule during the 3-year period of this ICR is 1,933 (5,800/3=1,933.)

      The overall average number of respondents, as shown in the table below, is 1,933 per year.

      The number of respondents is calculated using the following table that addresses the three years covered by this ICR.

--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
Year
--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------
Number of New Respondents [1]
--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------
Number of Existing Respondents
--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------
Number of Existing Respondents That Keep Records But Do Not Submit Reports
--------------------------------------------------------------------------------
(D)
--------------------------------------------------------------------------------
Number of Existing Respondents That Are Also New Respondents
--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Number of Respondents
--------------------------------------------------------------------------------
(E=A+B+C-D)
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
2
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
3
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
Average
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
      [1] New respondent include sources with constructed, reconstructed, and modified affected facilities.
--------------------------------------------------------------------------------

      To avoid double-counting respondents, column D is subtracted.  As shown above, the average Number of Respondents over the three-year period of this ICR is 1,933.

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

--------------------------------------------------------------------------------
Total Annual Responses

--------------------------------------------------------------------------------
(A)
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Information Collection Activity

--------------------------------------------------------------------------------
(B)
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Number of Respondents

--------------------------------------------------------------------------------
(C)
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Number of Responses

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

--------------------------------------------------------------------------------
(E)
--------------------------------------------------------------------------------
Total Annual  Responses
--------------------------------------------------------------------------------
E=(BxC)+D
--------------------------------------------------------------------------------
One-time initial notification
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
N/A
--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------
One-time notification of compliance status
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
N/A
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Annual compliance certification
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
N/A
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
Report of exceedencess
--------------------------------------------------------------------------------
0
--------------------------------------------------------------------------------
1
--------------------------------------------------------------------------------
N/A
--------------------------------------------------------------------------------
0

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

--------------------------------------------------------------------------------
Total

--------------------------------------------------------------------------------
1,933
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
	The number of Total Annual Responses is 1,933.
--------------------------------------------------------------------------------

      The total annual labor costs are $1,972,260.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

       6(e)	Bottom Line Burden Hours and Cost Tables

      The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown and summarized below in Tables 1 and 2, respectively.

      (i)  Respondent tally

      The total annual labor hours are 20,562 hours at a cost of $1,972,260.  Details regarding these estimates may be found below in Table 1: Annual Respondent Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
      Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 11 hours per response.
--------------------------------------------------------------------------------

      The total annual capital/startup and O&M costs to the regulated entity are zero.

      	(ii)  The Agency tally

      The average annual Agency burden and cost over the next three years is estimated to be 2,223 labor hours at a cost of $100,177.  See below Table 2: Average Annual EPA Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

      6(f)	Reasons for Change in Burden

--------------------------------------------------------------------------------
	There is an increase in the total costs as currently identified in the OMB Inventory of Approved Burdens.  This increase is not due to any program changes.  The change in the cost estimates occurred due to the most updated labor rates for both respondents and the Agency.  Despite the increase in burden costs, there is a decrease in the labor hours in this ICR compared to the previous ICR due to a mathematical error in determining the person hours per respondent.

      6 (g)  	Burden Statement

	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 11 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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

	To comment on the Agency's need for this information the accuracy of the provided burden estimates, and any suggestions for minimizing respondent burden, including through the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OECA-2012-0034, which is available for either online viewing at http://www.regulations.gov, or in person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air Docket is<PHONE_NUMBER>.  An electronic version of the public docket is available at http://www.regulations.gov.  This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically.  When in the system, select "search," then key in one of the Docket ID Numbers identified above.  Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17[th] Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA.  Please include the relevant Docket ID Number EPA-HQ-OECA-2012-0034 and OMB Control Number 2060-0622 in any correspondence.

PART B

      This section is not applicable because statistical methods are not used in data collection associated with the final rule.
Table 1: Annual Respondent Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

                                  Burden Item
                                      (A)

                          Person-hours per occurrence
                                      (B)

                  No. of occurrences per respondent per year
                                     (C)

                          Person-hours per respondent
                                   per year
                                    (C=AxB)
                                      (D)

                           Respondents per year [b]
                                      (E)

                            Technical person-hours
                                   per year
                                    (E=CxD)
                                      (F)

                            Managerial person-hours
                                   per year
                                  (E x 0.05)
                                      (G)

                             Clerical person-hours
                                   per year
                                  (E x 0.10)
                                      (H)
                                     Total
                                  Cost, $ [a]

1.  Applications
N/A
2.  Surveys and Studies
N/A
3.  Acquisition, Installation, and Utilization of Technology and Systems
N/A
4.  Reporting Requirements

A.  Read instructions [c]
                                       4
                                       1
                                       4
                                     1,933
                                     7,732
                                     386.6
                                     773.2
                                                                   $852,004.54
B.  Required activities

     Initial notification [d]
                                       2
                                       1
                                       2
                                     1,933
                                     3,866
                                     193.3
                                     386.6
                                                                    $426,002.28
     Notification of compliance status [e]
                                       4
                                       1
                                       4
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     Annual compliance certification [f]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     Report of exceedencess [f]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
C.  Create information
                                    See 4B

D.  Gather existing information
                                    See 4B

E.  Write report
                                    See 4B

Subtotal for Reporting Requirements

                                   13,337.7

5.  Recordkeeping Requirements

A.  Read instructions
                                    See 4A

B.  Plan activities
                                    See 5E

C.  Implement activities
                                    See 5E

D.  Develop record system
                                    See 5E

E.  Time to enter information

      Records of all information required by standards [g]
                                     0.25
                                      12
                                       3
                                     1,933
                                     5,799
                                    289.95
                                     579.9
                                                                    $639,003.41
F.  Time to train personnel
N/A
G.  Time to adjust existing ways to comply with previously applicable requirements
N/A
H.  Time to transmit or disclose information [h] , [i]
                                     0.25
                                       1
                                     0.25
                                     1,933
                                    483.25
                                     24.16
                                     48.32
                                                                     $55,249.73
I.  Time for audits
N/A

Subtotal for Recordkeeping Requirement

                                   7,224.58

Subtotals Labor Burdens and Costs

                                   17,880.25
                                    894.01
                                   1,788.02
                                                                  $1,972,259.96
TOTAL LABOR BURDEN AND COST (ROUNDED)

                                    20,562

                                                                     $1,972,260

Assumptions:
[a]  This ICR uses the following labor rates:  $121.42 for managerial labor, $99.14 for technical labor, and $49.81 for clerical labor.  These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2010, "Table 2. Civilian Workers, by occupational and industry group."  The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.
[b]  There are an estimated 5,800 existing metal fabrication and finishing facilities subject to the rule with no new facilities expected; the average number expected to read the rule during the 3-yr clearance period is 5,800/3 = 1,933.
[c]  We have assumed that 1,933 respondents will each take four hours to read instructions.
[d]  We have assumed that 1,933 respondents would be required to submit an initial notification.
[e]  We have assumed that each respondent will take four hours to complete the notification of compliance status task.
[f]  We have assumed that each respondent will take two hours once per year to complete the task.
[g]  We have assumed that each respondent will take 0,25 hours once per month to record information that are required by the standards.
h  We have assumed that each respondent will take 0.25 hours once per month to transmit or disclose information.
[i]   We have assumed that transmittals would include initial notification for 5,800 plants for an average of (5,800/3=1,933 for each year of the 3-year ICR clearance period.

Table 2: Average Annual EPA Burden and Cost - NESHAP for Nine Metal Fabrication and Finishing Area Sources (40 CFR Part 63, Subpart XXXXXX) (Renewal).

                                   Activity
                                      (A)
                                      (B)
                                     (C)
                                      (D)
                                      (E)
                                      (F)
                                      (G)
                                      (H)

                          Person-hours per occurrence
                  No. of occurrences per respondent per year
                          Person-hours per respondent
                           Respondents per year [a]
                            Technical person-hours
                            Managerial person-hours
                             Clerical person-hours
                                  Cost, $[b]

                                    (C=AxB)

                                    (E=CxD)
                                   (Ex0.05)
                                    (Ex0.1)

Report Review:

     Initial Notification [c]
                                       1
                                       1
                                       1
                                     1,933
                                     1,933
                                     96.65
                                     193.3
                                                                    $100,176.76
     Notification of compliance status [d]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     Annual compliance certification [d]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
     Report of exceedence [d]
                                       2
                                       1
                                       2
                                       0
                                       0
                                       0
                                       0
                                                                             $0
Subtotals Labor Burden and Cost

                                     1,933
                                     96.65
                                     193.3
                                                                    $100,176.76
TOTAL ANNUAL BURDEN AND COST (rounded)

                                     2,223

                                                                       $100,177

Assumptions:
[a]  This ICR uses the following average hourly labor rates: $62.27 for managerial (GS-13, Step 5, $38.92 x 1.6), $46.21 (GS-12, Step 1, $28.88 x 1.6) for technical and $25.01 (GS-6, Step 3, $15.63 x 1.6) for clerical.  These rates are from the Office of Personnel Management (OPM) 2011 General Schedule, which excludes locality rates of pay.
[b]  There are an estimated 5,800 existing metal fabrication and finishing facilities subject to the rule with no new facilities expected; the average number expected to read the rule during the 3-yr clearance period is 5,800/3 = 1,933.
[c]  We have assumed that each respondent will take one hour once per year to review the initial notification report.
[d]  We have assumed that each respondent will take two hours once per year to review reports.


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4562-4565]
[FR Doc No: 2019-02395]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85100; File No. SR-CBOE-2019-002]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Establish Fees for a Recently Added Option That Overlies the S&P
Select Sector Index Options (``Sector Index options'')

February 11, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 5, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to establish fees for a recently added option that overlies the S&P
Select Sector Index options (``Sector Index options''). The text of the
proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
    On October 4, 2017, the Exchange submitted a proposed rule change
to amend certain rules in connection with listing ten S&P Select Sector
Index \3\ options under generic narrow-based listing standards, which
became effective on November 3, 2017.\4\ On March 1, 2018, the Exchange
established fees for Sector Index options.\5\ On October 15, 2018, the
Exchange amended its rules to authorize the Exchange to list for
trading options on a recently added eleventh S&P Select Sector Index--
the S&P Communication Services Select Sector Index (``SIXC'').\6\ The
Exchange proposes to establish fees for SIXC. The proposed fees for
SIXC will be the same as the fees previously established for the
original ten Sector Indexes.
---------------------------------------------------------------------------

    \3\ There are ten S&P Select Sector Indexes: S&P Financial
Select Sector Index (IXM), S&P Energy Select Sector Index (IXE), S&P
Technology Select Sector Index (IXT), S&P Health Care Select Sector
Index (IXV), S&P Utilities Select Sector Index (IXU), S&P Consumer
Staples Select Sector Index (IXR), S&P Industrials Select Sector
Index (IXI), S&P Consumer Discretionary Select Sector Index (IXY),
S&P Materials Select Sector Index (IXB), and S&P Real Estate Select
Sector Index (IXRE). The options listing symbols for options
overlying these indexes will be: SIXM, SIXE, SIXT, SIXV, SIXU, SIXR,
SIXI, SIXY, SIXB, and SIXRE, respectively.
    \4\ See Securities Exchange Act Release No. 81879 (October 16,
2017), 82 FR 48858 (October 20, 2017) (SR-CBOE-2017-065).
    \5\ See Securities Exchange Act Release No. 82854 (March 16,
2018), 83 FR 11803 (March 16, 2018) (SR-CBOE-2018-012).
    \6\ See Securities Exchange Act Release No. 84490 (October 25,
2018), 83 FR 54796 (October 31, 2018) (SR-CBOE-2018-067).
---------------------------------------------------------------------------

    By way of background, a specific set of proprietary products are
commonly included or excluded from a variety of programs, qualification
calculations and transaction fees. In lieu of listing out these
products in various sections of the Fees Schedule, the Exchange uses
the term ``Underlying Symbol List A'' to represent these products.\7\
The Exchange notes the reason the products in Underlying Symbol List A
are often collectively included or excluded from certain programs,
qualification calculations and transactions fees is because the
Exchange has expended considerable resources developing and maintaining
its proprietary, exclusively listed products. Similar to the products
currently represented by ``Underlying

Symbol List A,'' Sector Index options are not listed on any other
exchange. As such, the Exchange established fees for Sector Index
options similar to those applicable to options overlying the indexes in
Underlying Symbol List A, as well as similarly excluding those options
from several programs from products in Underlying Symbol List A are
excluded. In lieu of listing out these products in various sections of
the Fees Schedule, the Exchange refers to Sector Indexes in the Fees
Schedule (which is defined in footnote 47). The Exchange proposes to
add a reference to ``SIXC'' to footnote 47 of the Fees Schedule.
---------------------------------------------------------------------------

    \7\ Currently, Underlying Symbol List A is defined in Footnote
34 and represents the following proprietary products: OEX, XEO, RUT,
RLG, RLV, RUI, AWDE, FTEM, FXTM, UKXM, SPX (including SPXW), VIX,
VOLATILITY INDEXES and binary options.
---------------------------------------------------------------------------

    Like products in Underlying Symbol List A and the current Sector
Indexes, the Exchange proposes to except SIXC options from the Volume
Incentive Program (``VIP''),\8\ the Marketing Fee,\9\ the Clearing
Trading Permit Holder Fee Cap (``Fee Cap''),\10\ exemption from fees
for facilitation orders,\11\ the AIM Contra Execution Fee,\12\ the
CFLEX AIM Response Fee,\13\ the Clearing Trading Permit Holder
Proprietary and/or their Non-Trading Permit Holder Affiliates
transaction fee cap for all non-facilitation business executed in AIM
or open outcry, or as a QCC or FLEX transaction,\14\ the Order Router
Subsidy (``ORS'') and Complex Order Router Subsidy (``CORS'')
Programs,\15\ the per contract per side surcharge for noncustomer
complex order executions that remove liquidity from the COB and auction
response in the complex order auction and AIM,\16\ and the calculation
of qualifying volume for rebates for Floor Broker Trading Permit Holder
Trading Permit Fees.\17\
---------------------------------------------------------------------------

    \8\ See Cboe Options Fees Schedule, Volume Incentive Program
(VIP) table and Footnote 36.
    \9\ See Cboe Options Fees Schedule, Footnote 6.
    \10\ See Cboe Options Fees Schedule, Footnote 11.
    \11\ See Cboe Options Fees Schedule, Footnotes 11 and 12.
    \12\ See Cboe Options Fees Schedule, Footnote 18.
    \13\ See Cboe Options Fees Schedule, Footnote 20.
    \14\ See Cboe Options Fees Schedule, Footnote 22.
    \15\ See Cboe Options Fees Schedule, Order Router Subsidy
Program and Complex Order Router Subsidy Program table and Footnotes
29 and 30.
    \16\ See Cboe Options Fees Schedule, Footnote 35.
    \17\ See Cboe Options Fees Schedule, Footnote 25.
---------------------------------------------------------------------------

    Like the other Sector Indexes, the Exchange does intend to apply to
SIXC options the Liquidity Provider Sliding Scale.\18\ The Exchange
proposes to apply to SIXC options the Liquidity Provider Sliding Scale
to encourage Market-Makers to provide liquidity in these classes and
believes that including them in this sliding scale will provide such
incentive.
---------------------------------------------------------------------------

    \18\ See Cboe Options Fees Schedule, Specified Proprietary Index
Options Rate Table--Underlying Symbol List A and Sector Indexes.
---------------------------------------------------------------------------

    The Exchange next proposes to establish transaction fees for SIXC
options, which will be the same as the transaction fees for the other
10 Sector Indexes. Particularly, the Exchange proposes to assess the
same fees for SIXC options as apply to the original Sector Index
options, OEX Weekly and XEO Weekly options, except for Market-Maker
transaction fees, which will be subject to the Liquidity Provider
Sliding Scale as described above, and except for Clearing Trading
Permit Holder Proprietary transactions, which will be $0.25 rather than
subject to the Proprietary Products Sliding Scale for Clearing Trading
Permit Holder Proprietary Orders. Transaction fees for SIXC options
will be as follows (all listed rates are per contract): \19\
---------------------------------------------------------------------------

    \19\ See id.

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

----------------------------------------------------------------------------------------------------------------
Customer (origin code C)....................  $0.30.
Clearing Trading Permit Holder Proprietary    $0.25.
 (origin codes F and L).
Market-Maker (origin code M)................  Liquidity Provider Sliding Scale.
Joint Back-Office, Broker-Dealer, Non-        $0.40.
 Trading Permit Holder Market-Maker,
 Professional/Voluntary Professional (origin
 codes BNWJ).
----------------------------------------------------------------------------------------------------------------

    The Exchange also proposes to apply to SIXC options the CFLEX
Surcharge Fee of $0.10 per contract for all Sector Index option orders
executed electronically on CFLEX, capped at $250 per trade (i.e., first
2,500 contracts per trade).\20\ The CFLEX Surcharge Fee assists the
Exchange in recouping the cost of developing and maintaining the CFLEX
system. The Exchange notes that the CFLEX Surcharge Fee (and $250 cap)
also applies to other proprietary index options, including the original
ten Sector Indexes and products in Underlying Symbol List A.
---------------------------------------------------------------------------

    \20\ See id.
---------------------------------------------------------------------------

    The Exchange currently assesses an Index License Surcharge of $0.10
per contract for all non-customer orders for Sector Indexes and
products in the Underlying Symbol A except RUT and SPX. The Exchange
proposes to assess a Surcharge of $0.10 per contract in order to recoup
the costs associated with the Sector Index license.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\21\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \22\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \23\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange also believes the proposed rule
change is consistent with Section 6(b)(4) of the Act,\24\ which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Trading Permit
Holders and other persons using its facilities.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78f(b)(5).
    \23\ Id.
    \24\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Particularly, the Exchange believes it is reasonable to charge
different fee amounts to different user types in the manner proposed
because the proposed fees are consistent with the price differentiation
that exists today for the previously adopted Sector Indexes, as well as
other index products, including those in Underlying Symbol A. The
Exchange also believes that the proposed fee amounts for SIXC option
orders are reasonable because as previously discussed, the proposed fee
amounts are the same as the fees already established for Sector Indexes
and are also assessed for other proprietary products (i.e. OEX Weeklys
and XEO Weeklys). The proposed fee amounts are also within the range of
amounts

assessed for the Exchange's other proprietary products.\25\
---------------------------------------------------------------------------

    \25\ See Cboe Options Fees Schedule, Specified Proprietary Index
Options Rate Table--Underlying Symbol A and Sector Indexes.
---------------------------------------------------------------------------

    The Exchange believes that it is equitable and not unfairly
discriminatory to assess lower fees to Customers as compared to certain
other market participants except Market-Makers and Clearing Trading
Permit Holders because Customer order flow enhances liquidity on the
Exchange for the benefit of all market participants. Specifically,
customer liquidity benefits all market participants by providing more
trading opportunities, which attracts 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 fees offered to customers are
intended to attract more customer trading volume to the Exchange.
Moreover, the options industry has a long history of providing
preferential pricing to Customers, and the Exchange's current Fees
Schedule currently does so in many places, as do the fees structures of
many other exchanges. Finally, all fee amounts listed as applying to
Customers will be applied equally to all Customers (meaning that all
Customers will be assessed the same amount).
    The Exchange believes that it is equitable and not unfairly
discriminatory to, assess lower fees to Market-Makers pursuant to the
Liquidity Provider Sliding Scale as compared to other market
participants because Market-Makers, unlike other market participants,
take on a number of obligations, including quoting obligations that
other market participants do not have. Further, these lower fees
offered to Market-Makers are intended to incent Market-Makers to quote
and trade more on the Exchange, thereby providing more trading
opportunities for all market participants. Additionally, the proposed
fee for Market-Makers will be applied equally to all Market-Makers
(meaning that all Market-Makers will be subject to the Liquidity
Provider Sliding Scale). This concept also applies to orders from all
other origins. It should also be noted that all fee amounts described
herein are intended to attract greater order flow to the Exchange in
SIXC options, which should therefore serve to benefit all Exchange
market participants.
    Similarly, it is equitable and not unfairly discriminatory to
assess lower fees to Clearing Trading Permit Holder Proprietary orders
than those of other market participants (except Market-Makers) because
Clearing Trading Permit Holders also have a number of obligations (such
as membership with the Options Clearing Corporation), significant
regulatory burdens, and financial obligations, that other market
participants do not need to take on. The Exchange also notes that the
SIXC option fee amounts for each separate type of market participant
will be assessed equally to all such market participants (i.e., all
Broker-Dealer orders will be assessed the same amount, all Joint Back-
Office orders will be assessed the same amount, etc.). The Exchange
believes the proposed transaction fee of $0.25 per contract for
Clearing Trading Permit Holders is reasonable, equitable, and not
unfairly discriminatory because is comparable to the amount of
transaction fees for Clearing Trading Permit Holders in other
proprietary products.\26\
---------------------------------------------------------------------------

    \26\ See Cboe Options Fee Schedule, Cboe Options Clearing
Trading Permit Holder Proprietary Products Sliding Scales Table. The
maximum transaction fee per contract in the Table B (related to the
VIX Sliding Scale) part of that table is $0.25.
---------------------------------------------------------------------------

    The Exchange believes the proposed transaction fees for Brokers
Dealers, Non-Trading Permit Holder Market-Makers, Professionals/
Voluntary Professionals, JBOs and Customers are reasonable because they
are the same as those assessed for transactions in certain other
proprietary products.\27\ The Exchange also notes that the SIXC option
fee amounts for each separate type of market participant will be
assessed equally to all such market participants (i.e., all Broker-
Dealer orders will be assessed the same amount, all Joint Back-Office
orders will be assessed the same amount, etc.).
---------------------------------------------------------------------------

    \27\ Id.
---------------------------------------------------------------------------

    The Exchange believes that assessing an Index License Surcharge Fee
of $0.10 per contract to SIXC option transactions is reasonable because
the Surcharge helps recoup some of the costs associated with the
license for Sector Index options, including SIXC. Additionally, the
Exchange notes that the Surcharge amount is the same as, and in some
cases lower than, the amount assessed as an Index License Surcharge to
other index products. The proposed Surcharge is also equitable and not
unfairly discriminatory because the amount will be assessed to all
market participants to whom the Surcharge applies. Not applying the
SIXC License Surcharge Fee to Customer orders is equitable and not
unfairly discriminatory because this is designed to attract Customer
Sector Index option orders, which increases liquidity and provides
greater trading opportunities to all market participants.
    Similarly, the Exchange believes assessing a CFLEX Surcharge Fee of
$0.10 per contract for SIXC option orders executed electronically on
CFLEX and capping it at $250 (i.e., first 2,500 contracts per trade) is
reasonable because it is the same amount currently charged to other
Sector Indexes and proprietary index products for the same
transactions.\28\ The proposed Surcharge is also equitable and not
unfairly discriminatory because the amount will be assessed to all
market participants to whom the CFLEX Surcharge applies.
---------------------------------------------------------------------------

    \28\ See Cboe Options Fees Schedule, Index Options Rate Table--
All Index Products Excluding Underlying Symbol List A and Sector
Indexes, CFLEX Surcharge Fee and Specified Proprietary Index Options
Rate Table--Underlying Symbol List A and Sector Indexes, CFLEX
Surcharge Fee.
---------------------------------------------------------------------------

    Excepting VIP, the Marketing Fee, the Fee Cap, exemption from fees
for facilitation orders, the AIM Contra Execution Fee, the CFLEX AIM
Response Fee, the Clearing Trading Permit Holder Proprietary and/or
their Non-Trading Permit Holder Affiliates transaction fee cap for all
non-facilitation business executed in AIM or open outcry, or as a QCC
or FLEX transaction, the ORS and CORS Programs,\29\ the per contract
per side surcharge for noncustomer complex order executions that remove
liquidity from the COB and auction response in the complex order
auction and AIM,\30\ and the calculation of qualifying volume for
rebates for Floor Broker Trading Permit Holder Trading Permit Fees is
reasonable because the original ten Sector Indexes, as well as other
proprietary products are excepted from those same items. This is
equitable and not unfairly discriminatory for the same reason; it seems
equitable to except SIXC options from items on the Fees Schedule from
which other Sector Indexes and proprietary products are also excepted.
---------------------------------------------------------------------------

    \29\ See Cboe Options Fees Schedule, Order Router Subsidy
Program and Complex Order Router Subsidy Program table and Footnotes
29 and 30.
    \30\ See Cboe Options Fees Schedule, Footnote 22.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition that are not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because, while different fees
are

assessed to different market participants in some circumstances, these
different market participants have different obligations and different
circumstances as discussed above. For example, Market-Makers have
quoting obligations that other market participants do not have. The
Exchange does not believe that the proposed rule changes will impose
any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because SIXC
options will be exclusively listed on Cboe Options. To the extent that
the proposed changes make Cboe Options a more attractive marketplace
for market participants at other exchanges, such market participants
are welcome to become Cboe Options market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \31\ and paragraph (f) of Rule 19b-4 \32\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(3)(A).
    \32\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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-CBOE-2019-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2019-002. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2019-002 and should be submitted on
or before March 8, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-02395 Filed 2-14-19; 8:45 am]
 BILLING CODE 8011-01-P