[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Page 38100]
[FR Doc No: 2012-15673]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, June
28, 2012 at 1 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
June 28, 2012 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Other matters relating to enforcement proceedings; and
    Adjudicatory matters.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

     Dated: June 21, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-15673 Filed 6-22-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Rules and Regulations]
[Pages 15277-15279]
[FR Doc No: 2013-04224]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 47 / Monday, March 11, 2013 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1015; Directorate Identifier 2007-SW-069-AD;
Amendment 39-17363; AD 2013-04-06]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
Eurocopter France (Eurocopter) Model AS332C, AS332L, and AS332L1
helicopters. This AD requires modifying the main landing gear control
panel (control panel) 33G, connector 100G, and wiring. It also requires
tests to ensure that these modifications function correctly. This AD
was prompted by reports of electro-valve power supply disruptions while
a helicopter is on the ground, causing the landing gear to retract and
the helicopter nose to drop. This results in damage to the forward
section of the helicopter's bottom structure. The actions of this AD
are intended to prevent an uncommanded landing gear retraction that
would cause the helicopter nose to drop and hit the ground while the
rotor blades are spinning.

DATES: This AD is effective April 15, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of April 15, 2013.

ADDRESSES: For service information identified in this AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax<PHONE_NUMBER>,
or at http://www.eurocopter.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.

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 AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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

Discussion

    On September 25, 2012, at 77 FR 58973, the Federal Register
published our notice of proposed rulemaking (NPRM), which proposed to
amend 14 CFR part 39 to include an AD that would apply to Eurocopter
Model AS332C, AS332L, and AS332L1 helicopters not modified per
modification (MOD) 0723817, MOD 0725670, MOD 332P083218 or MOD
332A088381, with a control panel 33G, part number 332A67-1623-00, -06,
-0610, or -0651. That NPRM proposed to require modifying the control
panel 33G, connector 100G, and wiring. It also proposed to require
tests to ensure that these modifications function correctly. The
proposed requirements were intended to prevent an uncommanded landing
gear retraction that would cause the helicopter nose to drop and hit
the ground while the rotor blades are spinning.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
No. 2006-0152, dated May 30, 2006, to correct an unsafe condition for
Eurocopter Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. EASA
advises of electro-valve power supply disruptions, which caused the
landing gear to retract and the helicopter to drop, resulting in damage
to the forward section of the helicopter's bottom structure. AD 2006-
0152 requires compliance with Eurocopter Alert Service Bulletin (ASB)
No. 32.00.18, Revision 1, dated March 27, 2006, or later revisions and
supersedes Direction Generale de L'Aviation Civile France AD No. F-
2005-100, dated June 22, 2005.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we received no comments on the NPRM (77 FR 58973,
September 25, 2012).

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
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

    This AD differs from the EASA AD as follows:
     This AD requires compliance within 90 days, while the EASA
AD requires compliance within 3 months. The EASA AD also addresses
spare parts, and this AD does not address spare parts.
     The EASA AD requires a repeat of the tests for helicopters
that have been modified in compliance with AD F-2005-100, and this AD
does not.
     The EASA AD also applies to the Model AS332C1 helicopter,
and this AD does not because this model does not have an FAA-issued
type certificate.

Related Service Information

    We reviewed Eurocopter ASB No. 32.00.18, Revision 2, dated July 12,
2010, for Model AS332C, AS332C1, AS332L, and AS332L1 helicopters and
military Model AS332B, AS332B1, AS332M, AS332M1, AS332F1 helicopters
with the specified control panel 33G. That ASB states that electrical
interferences on the solenoid valve power supply line have caused
untimely retraction of the main landing gear, causing helicopters to
sink, resulting in damage to the front section of the helicopter's
bottom structure. The ASB describes procedures for modifying the main
landing gear control tab on the control panel 33G, replacing the fixed
connector on the control panel 33G, replacing the removable connector
on the corresponding wiring, and testing the affected systems to ensure
that these modifications function correctly. The ASB states that these
actions are intended to prevent untimely power supply to the solenoid
valve when the main landing gear control tab is on ``extended'' and to
avoid main landing gear retraction. EASA AD 2006-0152 classified
portions of the ASB as mandatory.

Costs of Compliance

    We estimate that this AD affects three helicopters of U.S.
registry. We estimate the following costs to comply with this AD:
    We estimate that modification of the control panel, connector, and
wiring takes one work hour to complete at $85 per hour, and that parts
cost $293. Performing function tests takes about 4.5 hours to complete,
for a total labor cost of $383. Thus, we estimate a total cost per
helicopter of $761, and a total cost of $2,283 for the fleet.
    We do not control warranty coverage. Accordingly, we have included
all costs in our cost estimate.

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 helicopters identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under 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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-04-06 Eurocopter France (Eurocopter): Amendment 39-17363;
Docket No. FAA-2012-1015; Directorate Identifier 2007-SW-069-AD.

(a) Applicability

    This AD applies to Eurocopter Model AS332C, AS332L, and AS332L1
helicopters not modified per modification (MOD) 0723817, MOD
0725670, MOD 332P083218 or MOD 332A088381, with a main landing gear
control panel (control panel) 33G, part number (P/N) 332A67-1623-00,
-06, -0610, or -0651; certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as an uncommanded landing
gear retraction, which could cause the helicopter nose to drop and
hit the ground while the rotor blades are spinning.

(c) Effective Date

    This AD becomes effective April 15, 2013.

(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 90 days, modify the control panel 33G and connector 100G,
route the 1GA5103E wiring, and perform the tests in accordance with
the Accomplishment Instructions, Paragraphs 2.B 2.a. through
2.B.3.d., and as depicted in figures 1 and 2, of Eurocopter Alert
Service Bulletin No 32.00.18, Revision 2, dated July 12, 2010.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: George Schwab, Aviation Safety
Engineer, FAA, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, Texas, 76137; telephone:<PHONE_NUMBER>;
fax:<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 AD No. 2006-0152, dated May 30, 2006.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 3230, landing gear
retract/extend system.

 (i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Eurocopter France Alert Service Bulletin No. 32.00.18,
Revision 2, dated July 12, 2010.
    (ii) Reserved.
    (3) For Eurocopter service information identified in this AD,
contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand
Prairie, TX 75052, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax
(972) 641-3775, or at http://www.eurocopter.com/techpub.

    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on February 8, 2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2013-04224 Filed 3-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Page 36128]
[FR Doc No: 2021-14592]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2287-000]

Glass Sands Wind Energy, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Glass Sands Wind Energy, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 21, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 1, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-14592 Filed 7-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66460-66461]
[FR Doc No: 2021-25291]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2021-0073; FRL-8800-02-R6]

Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: On June 11, 2021, the Environmental Protection Agency (EPA)
published a proposed rule to approve a revision to the State of
Arkansas hazardous waste program under the Resource Conservation and
Recovery Act (RCRA) and provided for a thirty-day public comment
period. The public comment period closed on July 12, 2021, and EPA did
not receive any comments. EPA confirms that the program revisions to
the State of Arkansas hazardous waste program satisfy all requirements
needed to qualify for final authorization. No further opportunity for
comment will be provided.

DATES: This final authorization is effective November 23, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R06-RCRA-2021-0073. All documents in the docket are listed
on the https://www.regulations.gov website. Although listed in the
index, some of the information is not publicly available. e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available electronically
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, EPA Region 6 Regional
Authorization/Codification Coordinator, RCRA Permit Section (LCR-RP),
Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270, phone number:<PHONE_NUMBER>,
email address: [email protected]. Out of an abundance of caution
for members of the public and our staff, the EPA Region 6 office will
be closed to the public to reduce the risk of transmitting COVID-19.
Please call or email the contact listed above if you need alternative
access to material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION:

A. What changes to Arkansas' hazardous waste program is EPA authorizing
with this action?

    On March 2, 2021, the State of Arkansas submitted a final complete
program revision application seeking authorization of its program
revision in accordance with 40 CFR 271.21. EPA now makes a final
decision that Arkansas' hazardous waste program revisions satisfy all
the requirements necessary to qualify for final authorization. EPA will
continue to implement and enforce Hazardous and Solid Waste Amendments
of 1984 (HSWA) provisions for which the State is not authorized. For a
list of rules that become effective with this final action, please see
the proposed rule published

in the June 11, 2021, Federal Register at 86 FR 31233.

B. What is codification and is the EPA codifying Arkansas' hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations (CFR). We do this by
referencing the authorized State rules in 40 CFR part 272. We reserve
the amendment of 40 CFR part 272, subpart E, for this authorization of
Arkansas' program changes until a later date. In this authorization
application, the EPA is not codifying the rules documented in the
proposed rule published in the June 11, 2021, Federal Register at 86 FR
31233.

C. Administrative Requirements

    This final authorization revises Arkansas' authorized hazardous
waste management program pursuant to RCRA section 3006 and imposes no
requirements other than those currently imposed by State law. For
further information on how this authorization complies with applicable
Executive orders and statutory provisions, please see the proposed rule
published in the June 11, 2021, Federal Register at 86 FR 31233. The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
final action will be effective November 23, 2021.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority:  This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: November 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021-25291 Filed 11-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18809-18810]
[FR Doc No: 2017-08101]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Availability of Categorical Exclusion and Record of
Decision (CATEX/ROD) for EWR RNAV (GPS) X Runway 29 Procedure

AGENCY: Federal Aviation Administration, (FAA), DOT.

ACTION: Notice of Availability.

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SUMMARY: The FAA, Eastern Service Area is issuing this notice to advise
the public of the availability of the Categorical Exclusion/Record of
Decision (CATEX/ROD) for the Newark Liberty International Airport EWR
RNAV (GPS) X Runway 29 (RWY 29) procedure. The FAA reviewed the action
and determined it to be categorically excluded from further
environmental documentation.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan W. Almasy, Federal Aviation
Administration, Operations Support Group, Eastern Service Center, 1701
Columbia Avenue, College Park, Georgia 30337,<PHONE_NUMBER> or http://www.faa.gov/air_traffic/environmental_issues/.

SUPPLEMENTARY INFORMATION: The EWR RNAV (GPS) X RWY 29 procedure at
Newark Liberty International Airport will be used as an overflow
procedure when EWR is landing RWY 4Left/Right and is anticipated to be
used only between the hours of 7:00 a.m. and 10:00 p.m., by
approximately 1,700 aircraft annually. This is approximately 3 percent
of total landing operation on RWY 29. The FAA reviewed the action and
determined it to be categorically excluded from further environmental
documentation according to FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures. The applicable categorical exclusion is Sec.
5-6.5(q.).

    Issued in College Park, Georgia, on April 13, 2017.
Geoff Lelliott,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2017-08101 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Page 19565]
[FR Doc No: 2022-06984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94541; File No. SR-Phlx-2022-10]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of
Withdrawal of Proposed Rule Changes To Amend Open Outcry Options
Transaction Charges

March 29, 2022.
    On March 10, 2022, Nasdaq PHLX LLC (``Phlx'') filed with the
Securities and Exchange Commission (``Commission'') pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to increase the Floor Lead
Market Maker and Floor Market Maker options transaction charge and pay
a Floor Broker rebate whenever a Floor Broker executes an order contra
a Floor Lead Market Maker or Floor Market Maker in certain open outcry
transactions in multiply-listed Penny and non-Penny symbols. The
proposed rule change was immediately effective upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed
rule change was published for comment in the Federal Register on March
23, 2022.\4\ On March 29, 2022, Phlx withdrew the proposed rule change
(SR-Phlx-2022-10).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take
effect upon filing with the Commission if it is designated by the
exchange as ``establishing or changing a due, fee, or other charge
imposed by the self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory organization.''
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 94453 (March 17,
2022), 87 FR 16529 (March 23, 2022).
    \5\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-06984 Filed 4-1-22; 8:45 am]
BILLING CODE 8011-01-P


Table 6.1. a Total Burden Hours Total Costs Respondents respondents apps and program 2007 2009 35,412 $ 2,279,355.33 respondents incentives 2007 2009 ( 14,617) $ 867,239.15 respondents grand total 2007 2009 20,795 $ 1,412,116.18 respondents annualized 6,932 $ 470,705.39 States states app and program 2007 2009 2,954 $ 148,261.26 states incentives 2007 2009 ( 335) $ 16,813.65 states grand total 2007 2009 2,619 $ 131,447.61 states annualized 873 $ 43,815.87 Agency EPA apps and program 2007 2009 15,376 $ 235,925.23 EPA incentives 2007 2009  $ 0.00 EPA grand total 2007 2009 15,376 $ 235,925.23 EPA annualized 5,125 $ 78,641.74 Totals Grand Total burden respondents and states 2007 2009 23,414 $ 1,543,563.79 Annualized total burden 7,805 $ 514,521.26 Total hours from ICR 1949.03 109,661 hours savings for ICR 1949.05 86,247 ICR 1949.02 Hours Costs Total Respondent Burden, 2003 2006 328,335 $ 19,641,888 Annualized Total Respondent Burden 109,445 $ 6,547,296 ICR 1949.03 CURRENT ACTIVE ICR Hours Costs Total Respondent Burden, 2003 2006 340,317 Annualized Total Respondent Burden 113,439 ICR 1949.05 Total respondents burden 2007 2009 23,414 $ 1,543,564 Annualized total burden 7,805 $ 514,521 Total and annualized hour and cost reductions from current to nenewal Total Hour savings old ICR to renewal 316,903 Annualized Hour savings old ICR to renewal 105,634 Information Collection Activity Legal ($ 90.02/

Hour) Mgr.

($ 75.02/

Hour) Tech.

($ 59.00/

Hour) Clerical ($ 31.49/

Hour) Resp. Hours/ Y ear Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year Applications New Applications 4 4 24 1 33.0 $ 2,108 110 3,630 $ 231,842 Renewal Applications 2 4 16 1 23.0 $ 1,456 185 4,255 $ 269,288 Program Participation Performance Report ( APR) 0 0.5 7.5 0.5 8.5 $ 496 414 3,519 $ 205,243 Site Visit 0 0 32 0 32.0 $ 1,888 40 1,280 $ 75,520 TOTAL 2006 2007 6 8.5 79.5 2.5 96.5 $ 5,947 12,684 $ 781,892 Information Collection Activity Legal ($ 90.02/

Hour) Mgr.

($ 75.02/

Hour) Tech.

($ 59.0/ H our) Clerical ($ 31.49/

Hour) Resp.

Hours/ Y ear Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year New Applications 4 4 24 1 33.0 $ 2,108 116 3,828 $ 244,487 Renewal Applications 2 4 16 1 23.0 $ 1,456 123 2,829 $ 179,040 Program Participation Performance Report ( APR) 0 0.5 7.5 0.5 8.5 $ 496 433 3,681 $ 214,662 Customer Satisfaction Questionnaire 0 0.5 0 0 0.5 $ 38 415 208 $ 15,567 Site Visit 0 0 32 0 32.0 $ 1,888 44 1,408 $ 83,072 TOTAL 207 2008 6 9 79.5 2.5 97.0 $ 5,985 10,338 $ 736,828 Information Collection Activity Legal ($ 90.02/

Hour) Mgr.

($ 75.02/

Hour) Tech.

($ 59.00/

Hour) Clerical ($ 31.49/

Hour) Resp. Hours/ Y ear Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year New Applications 4 4 24 1 33.0 $ 2,108 122 4,026 $ 257,133 Renewal Applications 2 4 16 1 23.0 $ 1,456 128 2,944 $ 186,318 Program Participation Performance Report ( APR) 0 0.5 7.5 0.5 8.5 $ 496 457 3,885 $ 226,560 Site Visit 0 0 32 0 32.0 $ 1,888 48 1,536 $ 90,624 Total 2008 2009 6 8.5 79.5 2.5 96.5 $ 5,947 12,391 $ 760,635 Total application and program burden 2007 2009 18 26 239 8 290 17,878.56 $  35,412 $ 2,279,355 Annualized Burden 6 9 80 3 97 5,960  11,804 $ 759,785 Table 6.2: Respondent Application and Program Burden, September 1, 2008  August 31, 2009 Applications Table 6.2: Respondent Application and Program Participation Burden, September 1, 2006  August 31, 2007 Table 6.2: Respondent Application and Program Burden, September 1, 2007  August 31, 2008 Applications Table 6.3: Respondent Incentives Burden, 2006 2007 Information Collection Activity Mgr. Tech. Clerical Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 75.02 $ 59.00 $ 31.49 MACT Provisions Reduced Reporting Frequency ( with or without P2)  3  16  6.5  25.5 $ 1,373.75 15  382.5 $ 20,606.18 MACT Information Collection Subtotal  3  16  6.5  25.5 $ 1,373.75  382.5 $ 20,606.18 RCRA HW Accumulation Prior Written Notification to Authorized Regulatory Program of Waste Accumulation in Excess of 90 Days 0 0.5 0 0.50 $ 29.50 15 7.5 $ 442.50 Amendment to Contingency Plan 0 0.5 0 0.50 $ 29.50 15 7.5 $ 442.50 RCRA HW Accumulation Subtotal 0 1 0 1 $ 59.00 15.0 $ 885.00 Less Potential RCRA Transportation Cost Savings 0 0 0 0.00 $ 368.98 15 0.0 $ 5,534.70 HW Accumulation Subtotal 0 1 0 1 $ 309.98 15.0 $ 4,649.70 RCRA Inspection Frequency Submit permit mod or request for reduced inspections to Director 264.15 & 265.15 0 1 0 1 $ 59.00 5 5.0 $ 295.00 Inspections of container areas 264.74 0  55.7 0  55.7 $ 3,286.30 5  278.5 $ 16,431.50 Inspections of Tanks 264.195 0  65.5 0  65.5 $ 3,864.50 5  327.5 $ 19,322.50 Inspections of Containment buildings 264.1101 0  20 0  20 $ 1,180.00 5  100.0 $ 5,900.00 Inspections of Areas subject to spills 264.15 &

265.15 0  65.5 0  65.5 $ 3,864.50 5  327.5 $ 19,322.50 Submit notification of termination of PT membership 264.15 0 0 0 0 $ 0.00 0 0.0 $ 0.00 HW Inspection Frequency Subtotal 0  205.7 0  205.7 $ 12,136.30  1028.5 $ 60,681.50 Total Burden 2006 2007  3  220.7  6.5  230.2 $ 13,820.03  1396.0 $ 85,937.38 Table 6.3: Respondent Incentives Burden, 2007 2008 Information Collection Activity Mgr. Tech. Clerical Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 75.02 $ 59.00 $ 31.49 MACT Provisions Reduced Reporting Frequency ( with or without P2)  3  16  6.5  25.5 $ 1,373.75 30  765.0 $ 41,212.35 MACT Information Collection Subtotal  3  16  6.5  25.5 $ 1,373.75  765.0 $ 41,212.35 RCRA HW Accumulation Prior Written Notification to Authorized Regulatory Program of Waste Accumulation in Excess of 90 Days 0 0.5 0 0.50 $ 29.50 15 7.5 $ 442.50 Amendment to Contingency Plan 0 0.5 0 0.50 $ 29.50 15 7.5 $ 442.50 RCRA HW Accumulation Subtotal 0 1 0 1 $ 59.00 15.0 $ 885.00 Less Potential RCRA Transportation Cost Savings 0 0 0 0.00 $ 368.98 15 0.0 $ 5,534.70 HW Accumulation Subtotal 0 1 0 1 $ 309.98 15.0 $ 4,649.70 RCRA Inspection Frequency Submit permit mod or request for reduced inspections to Director 264.15 & 265.15 0 1 0 1 $ 59.00 15 15.0 $ 885.00 Inspections of container areas 264.74 0  55.7 0  55.7 $ 3,286.30 20  1114.0 $ 65,726.00 Inspections of Tanks 264.195 0  65.5 0  65.5 $ 3,864.50 20  1310.0 $ 77,290.00 Inspections of Containment buildings 264.1101 0  20 0  20 $ 1,180.00 20  400.0 $ 23,600.00 Inspections of Areas subject to spills 264.15 &

265.15 0  65.5 0  65.5 $ 3,864.50 20  1310.0 $ 77,290.00 Submit notification of termination of PT membership 264.15 0 0 0 0 $ 0.00 0 0.0 $ 0.00 HW Inspection Frequency Subtotal 0  205.7 0  205.7 $ 12,136.30  4119.0 $ 243,021.00 Total Burden 2006 2007  3  220.7  6.5  230.2 $ 13,820.03  4869.0 $ 288,883.05 Table 6.3: Respondent Incentives Burden, 2008 2009 Information Collection Activity Mgr. Tech. Clerical Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 75.02 $ 59.00 $ 31.49 MACT Provisions Reduced Reporting Frequency ( with or without P2)  3  16  6.5  25.5 $ 1,373.75 45 ( 1,147.50) $ 61,818.53 MACT Information Collection Subtotal  3  16  6.5  25.5 $ 1,373.75 ( 1,147.50) $ 61,818.53 RCRA HW Accumulation Prior Written Notification to Authorized Regulatory Program of Waste Accumulation in Excess of 90 Days 0 0.5 0 0.50 $ 29.50 15 7.50 $ 442.50 Amendment to Contingency Plan 0 0.5 0 0.50 $ 29.50 15 7.50 $ 442.50 RCRA HW Accumulation Subtotal 0 1 0 1 $ 59.00 15.00 $ 885.00 Less Potential RCRA Transportation Cost Savings 0 0 0 0.00 $ 368.98 15  $ 5,534.70 HW Accumulation Subtotal 0 1 0 1 $ 309.98 15.00 $ 4,649.70 RCRA Inspection Frequency Submit permit mod or request for reduced inspections to Director 264.15 & 265.15 0 1 0 1 $ 59.00 15 15.00 $ 885.00 Inspections of container areas 264.74 0  55.7 0  55.7 $ 3,286.30 35 ( 1,949.50) $ 115,020.50 Inspections of Tanks 264.195 0  65.5 0  65.5 $ 3,864.50 35 ( 2,292.50) $ 135,257.50 Inspections of Containment buildings 264.1101 0  20 0  20 $ 1,180.00 35 ( 700.00) $ 41,300.00 Inspections of Areas subject to spills 264.15 &

265.15 0  65.5 0  65.5 $ 3,864.50 35 ( 2,292.50) $ 135,257.50 Submit notification of termination of PT membership 264.15 0 0 0 0 $ 0.00 0  $ 0.00 HW Inspection Frequency Subtotal 0  205.7 0  205.7 $ 12,136.30 ( 7,219.50) $ 425,950.50 Total Burden 2008 2009  3  220.7  6.5  230.2 $ 13,820.03 ( 8,352.00) $ 492,418.73 Grand Total Incentives Burden 2007 2009  9.0  662.1  19.5  690.6 $ 41,460.08 0.0 ( 14,617.00) $ 867,239.15 Annualized burden ( 230.20) $ 13,820.03  ( 4,872.33) $ 289,079.72 Grand Total apps, prog and incentives burden 2007 2009 ( 400.60) $ 23,581.52  20,795.00 $ 1,412,116.18 Annualized apps, prog and incentives burden 2007 2009 ( 133.53) $ 7,860.51  6,931.67 $ 470,705.39 annualized per facility 14.56 988.88 $ Tech.

($ 50.19/ Hour) Respondent Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Environmental Compliance Screen applications and renewals 2 2 $ 100.38 295 590 $ 29,612 Application Subtotal 2 2 $ 100.38 590 $ 29,612 Program Activities Site Visit 14 14 $ 702.66 30 420 $ 21,080 Program Activities Subtotal 14 14 $ 702.66 420 $ 21,080 Total 2006 2007 16 16 $ 803.04 1010 $ 50,692 Tech.

($ 50.19/ Hour) Respondent Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Environmental Compliance Screen applications and renewals 2 2 $ 100.38 239 478 $ 23,991 Application Subtotal 2 2 $ 100.38 478 $ 23,991 Program Activities Site Visit 14 14 $ 702.66 33 462 $ 23,188 Program Activities Subtotal 14 14 $ 702.66 462 $ 23,188 Total 2007 2008 16 16 $ 803.04 940 $ 47,179 Tech.

($ 50.19/ Hour) Respondent Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Environmental Compliance Screen applications and renewals 2 2 $ 100.38 250 500 $ 25,095 Application Subtotal 2 2 $ 100.38 500 $ 25,095 Program Activities Site Visit 14 14 $ 702.66 36 504 $ 25,296 Program Activities Subtotal 14 14 $ 702.66 504 $ 25,296 Total 2008 2009 16 16 $ 803.04 1,004 $ 50,391 Grand Total 2007 2009 2,954 $ 148,261 Annualized Total 985 $ 49,420 Table 6.4: State Application and Program Participation Burden, September 1, 2008  August 31, 2009 Applications Table 6.4: State Application and Program Participation Burden, September 1, 2006  August 31, 2007 Applications Table 6.4: State Application and Program Participation Burden, September 1, 2007  August 31, 2008 Applications Table 6.5: State Incentives Burden, 2006  2007 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0  6.0 0.0  6.0  301.14 15  90.0 $ 4,517.10 MACT Information Collection Subtotal 0.0  6.0 0.0  6.0  301.14  90.0 $ 4,517.10 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0.25 0 0.25 12.55 15 3.8 $ 188.21 Review contingency plan 0.25 0.25 12.55 15 3.8 $ 188.21 HW Accumulation Subtotal [ see note] 0.0 0.3 0.0 0.5 25.10 7.5 $ 376.43 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.3 0.0 0.3 12.55 5 1.3 $ 62.74 Notify PT member of approval or denial 0.0 0.3 0.0 0.3 12.55 5 1.3 $ 62.74 Inspection frequency subtotal [ see note] 0.0 0.5 0.0 0.5 25.10 2.5 $ 125.48 Total Burden 2006 2007 0.0  5.3 0.0  5.0  250.95  80.0 $ 4,015.20 NOTE: Affect on reporting requirements undetermined for this draft ( presumed to be reduction) Information Collection Activity Table 6.5: State Incentives Burden, 2007  2008 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0  6.0 0.0  6.0  301.14 30  180.0 $ 9,034.20 MACT Information Collection Subtotal 0.0  6.0 0.0  6.0  301.14  180.0 $ 9,034.20 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0.25 0 0.25 12.55 15 3.8 $ 188.21 Review contingency plan 0.25 0.25 12.55 15 3.8 $ 188.21 HW Accumulation Subtotal [ see note] 0.0 0.3 0.0 0.5 25.10 7.5 $ 376.43 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.3 0.0 0.3 12.55 15 3.8 $ 188.21 Notify PT member of approval or denial 0.0 0.3 0.0 0.3 12.55 15 3.8 $ 188.21 Inspection frequency subtotal [ see note] 0.0 0.5 0.0 0.5 25.10 7.5 $ 376.43 Total Burden 2007 2008 0.0  5.3 0.0  5.0  250.95  165.0 $ 8,281.35 NOTE: Affect on reporting requirements undetermined for this draft ( presumed to be reduction) Information Collection Activity Table 6.5: State Incentives Burden, 2008  2009 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0  6.0 0.0  6.0  301.14 45  270.0 $ 13,551.30 MACT Information Collection Subtotal 0.0  6.0 0.0  6.0  301.14  270.0 $ 13,551.30 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0.25 0 0.25 12.55 15 3.8 $ 188.21 Review contingency plan 0.25 0.25 12.55 15 3.8 $ 188.21 HW Accumulation Subtotal [ see note] 0.0 0.3 0.0 0.5 25.10 7.5 $ 376.43 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.3 0.0 0.3 12.55 15 3.8 $ 188.21 Notify PT member of approval or denial 0.0 0.3 0.0 0.3 12.55 15 3.8 $ 188.21 Inspection frequency subtotal [ see note] 0.0 0.5 0.0 0.5 25.10 7.5 $ 376.43 Total Burden 2008 2009 0.0  5.3 0.0  5.0  250.95  255.0 $ 12,798.45 Total Burden 2007 2009 0.0  10.5 0.0  10.0  501.9 0.0  335.0 $ 16,813.65 Annualized Burden 0.0  3.5 0.0  3.3  167.3 0.0  111.7 $ 5,604.55 NOTE: Affect on reporting requirements undetermined for this draft ( presumed to be reduction)

LQG note from BR rule CBA SQG note from BR rule Information Collection Activity Tech.

($ 46.03/ Hour) Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Application Compliance Screen 0.8 0.8 $ 36.82 110 88 $ 4,051 Evaluation of Application 8 8 $ 368.24 110 880 $ 40,506 Notify Applicant of Selection Status 0.25 0.25 $ 11.51 110 27.5 $ 1,266 Renewal applications 7 7 $ 322.21 188 1316 $ 60,575 Renewal application compliance screen 0.8 0.8 $ 36.82 188 150.4 $ 6,923 Application Subtotal 16.85 16.05 $ 775.61 2462 $ 113,321 Program Activities Site Visit 28 28 $ 1,288.84 40 1120 $ 51,554 Review Annual Performance Report 4 4 $ 184.12 414 1656 $ 76,226 Program Activities Subtotal 32 32 $ 1,472.96 2776 $ 127,779 Total 2006 2007 48.85 48.85 $ 2,248.57 5238 $ 241,101 Tech.

($ 46.03/ Hour) Respondent Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Application Compliance Screen 0.8 0.8 $ 36.82 116 92.8 $ 4,272 Evaluation of Application 8 8 $ 368.24 116 928 $ 42,716 Notify Applicant of Selection Status 0.25 0.25 $ 11.51 116 29 $ 1,335 Renewal applications 7 7 $ 322.21 124 868 $ 39,954 Renewal application compliance screen 0.8 0.8 $ 36.82 124 99.2 $ 4,566 Application Subtotal 16.85 16.05 $ 775.61 2017 $ 92,843 Program Activities Site Visit 28 28 $ 1,288.84 44 1232 $ 56,709 Review Annual Performance Report 4 4 $ 184.12 433 1732 $ 79,724 Program Activities Subtotal 32 32 $ 1,472.96 2964 $ 136,433 Table 6.6: EPA Application and Program Participation Burden, September 1, 2006  August 31, 2007 Applications Table 6.6: EPA Application and Program Participation Burden, September 1, 2007  August 31, 2008 Applications Total 2007 2008 48.85 48.85 $ 2,248.57 4981 $ 229,275 Tech.

($ 46.03/ Hour) Respondent Hours/ Year Labor Cost/ Year # Respondents Total Hours/ Year Total Cost/ Year Application Compliance Screen 0.8 0.8 $ 36.82 122 97.6 $ 4,493 Evaluation of Application 8 8 $ 368.24 122 976 $ 44,925 Notify Applicant of Selection Status 0.25 0.25 $ 11.51 122 30.5 $ 1,404 Renewal applications 7 7 $ 322.21 113 791 $ 36,410 Renewal application compliance screen 0.8 0.8 $ 36.82 113 90.4 $ 4,161 Application Subtotal 16.85 16.05 $ 775.61 1986 $ 91,393 Program Activities Site Visit 28 28 $ 1,288.84 48 1344 $ 61,864 Review Annual Performance Report 4 4 $ 184.12 457 1828 $ 84,143 Program Activities Subtotal 32 32 $ 1,472.96 3172 $ 146,007 Total 2008 2009 48.85 48.85 $ 2,248.57 5158 $ 237,400 Grand Total 2007 2009 15,376 $ 707,776 Annualized 5,125 $ 235,925 Table 6.6: EPA Application and Program Participation Burden, September 1, 2008  August 31, 2009 Applications Table 6.9: EPA Incentives Burden, 2006  2007 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0 0.0 0.0 0.0 0.00 15 0.0 $ 0.00 MACT Information Collection Subtotal 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0 0 0.00 0.00 15 0.0 $ 0.00 Review contingency plan 0 0.00 0.00 15 0.0 $ 0.00 HW Accumulation Subtotal [ see note] 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.0 0.0 0.0 0.00 5 0.0 $ 0.00 Notify PT member of approval or denial 0.0 0.0 0.0 0.0 0.00 5 0.0 $ 0.00 Inspection frequency subtotal [ see note] 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 Total Burden 2006 2007 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 NOTE: EPA incentives burden projected to be incurred by states Information Collection Activity Table 6.9: EPA Incentives Burden, 2007  2008 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0 0.0 0.0 0.0 0.00 30 0.0 $ 0.00 MACT Information Collection Subtotal 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0 0 0.00 0.00 15 0.0 $ 0.00 Review contingency plan 0 0.00 0.00 15 0.0 $ 0.00 HW Accumulation Subtotal [ see note] 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.0 0.0 0.0 0.00 15 0.0 $ 0.00 Notify PT member of approval or denial 0.0 0.0 0.0 0.0 0.00 15 0.0 $ 0.00 Inspection frequency subtotal [ see note] 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 Total Burden 2007 2008 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 NOTE: EPA incentives burden projected to be incurred by states Information Collection Activity Table 6.9: EPA Incentives Burden, 2008  2009 Tech. Resp. Hours/ Year Labor Cost/ Year # Resp. Total Hours/ Year Total Cost/ Year $ 46.70 $ 50.19 $ 23.80 MACT Provisions Review Annual Reports or Annual Certifications ( For P2 Facilities) 0.0 0.0 0.0 0.0 0.00 45 0.0 $ 0.00 MACT Information Collection Subtotal 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA HW Accumulation Review Notifications of Waste Accumulation in Excess of 90 Days 0 0 0 0.00 0.00 15 0.0 $ 0.00 Review contingency plan 0 0.00 0.00 15 0.0 $ 0.00 HW Accumulation Subtotal [ see note] 0.0 0.0 0.0 0.0 0.00 0.0 $ 0.00 RCRA Inspection Frequency Review permit mod or request for reduced inspection 264.15 & 265.15 0.0 0.0 0.0 0.0 0.00 15 0.0 $ 0.00 Notify PT member of approval or denial 0.0 0.0 0.0 0.0 0.00 15 0.0 $ 0.00 Inspection frequency subtotal [ see note] 0.0 # REF! 0.0 0.0 0.00 0.0 $ 0.00 Total Burden 2008 2009 0.0 # REF! 0.0 0.0 0.00 0.0 $ 0.00 Total Burden 2007 2009 0.0 # REF! 0.0 0.0 0.0 0.0 0.0 $ 0.00 Annualized Burden 0.0 # REF! 0.0 0.0 0.0 0.0 0.0 $ 0.00 NOTE: EPA incentives burden projected to be incurred by states LQG note from BR rule CBA SQG note from BR rule Information Collection Activity respondent state EPA planning 1 1 2 preparation 8 2 2 conducting 20 8 16 write up 2 2 6 follow up 1 1 2 totals 32 14 28 Summary Recruitment Table National Environmental Performance Track Year 2000 Round 1 2 3 total 4 5 total 6 7 total Applications Received 252 32 50 82 28 59 87 35 56 91 Cumulative Applications received 252 284 334 334 362 421 421 456 512 512 Applications accepted 228 25 32 57 23 37 60 25 39 64 eligible renewals Cum. Applications Accepted 228 253 285 285 308 345 345 370 409 409 Membership 228 252 282 282 299 315 315 322 345 345 Acceptance Rate per round 90% 78% 64% 70% 82% 63% 69% 71% 70% 70%

Applications received  variation by Round

( percent change over applications received in prior round)  87% 56%  67%  44% 111% 6%  41% 60% 5%

Applications Received  Growth by Membership ( Percent change over membership of previous round) 14% 20% 36% 10% 20% 31% 11% 17% 29%

Member growth ( percent change over prior round) 11% 12% 24% 6% 5% 12% 2% 7% 10%

Withdrawals 1 2 3 6 21 27 18 16 34 non renewals projected renewals 0 0 0 Withdrawals  percent of membership 0% 1% 1% 2% 7% 10% 6% 5% 11%

average mem growth per year ( number) 35 54 33 30 note: the totals for cumulative membership and withdrawals are a snapshot of totals on the day the latest round is accepted in the program ( 90 days after the close of the recruitment period, so even numbered rounds are January 29, and odd numbered rounds are July 29). This snapshot shifts starting in 2006 for rounds 12 & 13, to January 29 and August 29) 2001 2002 2003 8 9 total 10 11 total 12 13 total 14 15 total 16 17 total 16 17 total 31 65 96 49 51 100 105 110 116 122 543 608 608 657 708 708 813 923 1039 1161 19 54 73 39 37 76 78 82 86 90 128 185 123 128 428 482 482 521 558 558 636 717 803 893 345 352 352 377 410 401 414 427 433 440 457 475 493 512 61% 83% 76% 80% 73% 76% 74% 74% 74% 74%

 45% 110% 5%  25% 4% 4% 5% 5% 5% 5%

9% 19% 28% 14% 14% 28% 26% 26% 26% 26%

0% 2% 2% 7% 9% 14% 6% 3% 8% 8%

1 7 8 3 1 13 15 15 15 15 37 54 36 37 18 40 58 11 3 14 91 131 87 91 0% 2% 2% 1% 0% 4%

7 49 2009 2005 2006 2007 2008 2004


[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53558-53562]
[FR Doc No: 2021-19986]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0431; FRL-8828-02-R9]

Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action/decision/authorization.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Arizona's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes were outlined in an application to the EPA and correspond
to certain Federal rules promulgated between July 1, 2007, and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.

DATES: This authorization is effective on November 29, 2021 without
further notice, unless the EPA receives adverse comment by October 28,
2021. If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the
authorization will not take effect.

ADDRESSES: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy.
You may also view

Arizona's application by contacting the Arizona Department of
Environmental Quality Records Center at<PHONE_NUMBER>, Monday through
Friday, 8:30 a.m. to 4:30 p.m.
    Instructions: Submit your comments to EPA, identified by Docket ID
No. EPA-R09-RCRA-2021-0047, at https://www.regulations.gov. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from Regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). The https://www.regulations.gov website is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Sorcha Vaughan,
<EMAIL_ADDRESS>415-947-4217.

SUPPLEMENTARY INFORMATION:

A. Why is the EPA using a direct final authorization?

    The EPA is publishing this authorization without a prior proposal
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed
rulemaking allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this authorization, see the ADDRESSES
section of this document.
    If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final authorization will not take effect. We will address all
public comments in a subsequent final authorization and base any
further decision on the authorization of the state program changes
after considering all comments received during the comment period.

B. Why are revisions to state programs necessary?

    States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Arizona,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.

C. What decisions has the EPA made in this authorization?

    Arizona submitted a complete program revision application dated
June 7, 2021, seeking authorization of changes to its hazardous waste
program corresponding to certain Federal rules promulgated between July
1, 2007 and June 30, 2020. The EPA concludes that Arizona's application
to revise its authorized program meets all of the statutory and
regulatory requirements established under RCRA, as set forth in RCRA
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the
EPA proposes to grant Arizona final authorization to operate its
hazardous waste program with the changes described in the authorization
application, and as outlined below in section F of this document.
    Arizona has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
program revision application, subject to the limitations of HSWA, as
discussed above.

D. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in
Arizona's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Arizona will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will maintain its authorities under RCRA sections 3007, 3008, 3013,
and 7003, including its authority to: Conduct inspections, and require
monitoring, tests, analyses, and reports; enforce RCRA requirements,
including authorized State program requirements, and suspend or revoke
permits; and take enforcement actions regardless of whether the State
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Arizona are already effective under State law and are not
changed by this action.

E. What has Arizona previously been authorized for?

    Arizona initially received final authorization on November 20,
1985, to implement its base hazardous waste management program. Arizona
received authorization for revisions to its program on August 6, 1991
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27,
1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7,
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR
57605-57608 effective December 28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally published on October 27, 2000 (65
FR 64369)), and December 20, 2017 (82 FR 60550 effective January 20,
2018).

F. What changes is the EPA authorizing with this action?

    Arizona submitted a final complete program revision application to
EPA dated June 7, 2021, seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2007 and June 30, 2020 (Checklists 217-220,
222, 223, 225-242). EPA proposes to determine, subject to receipt of
written comments that oppose this action, that Arizona's hazardous
waste program revisions are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all the
requirements necessary to qualify for authorization. Arizona adopts by
reference the Federal RCRA regulations in effect as of June 30, 2020,
at Arizona Administrative Code Title 18, Chapter 8, Article 2 (A.A.C
R18-8-260 through 280, effective as of December 31, 2020).

----------------------------------------------------------------------------------------------------------------
                                                             Arizona Administrative  Arizona Administrative Code
 Description of Federal requirement     Federal Register      Register (A.A.R) and    (A.A.C) implementing rule
         and checklist No.            volume, page and date      effective date                sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for          73 FR 18970 (4/8/2008)  21 A.A.R 1246 (9/05/    R18-8-264 (A), R18-8-266
 Hazardous Waste Combustors (Phase                            2015).                  (A).
 I Final Replacement Standards and
 Phase II) Amendments (217).
F019 Exemption for Wastewater        73 FR 31756 (6/04/      21 A.A.R 1246 (9/05/    R18-8-261 (A).
 Treatment Sludges from Auto          2008).                  2015).
 Manufacturing Zinc Phosphating
 Processes.
Revisions to DSW Rule (219)........  73 FR 64668-64788 (10/  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
                                      30/2008).               2020).                  (A), R18-8-270 (A).
Academic Laboratories Generator      73 FR 72912 (12/01/     21 A.A.R 1246 (9/05/    R18-8-262 (A).
 Standards (220).                     2008).                  2015).
OECD Requirements; Export Shipments  75 FR 1236-1262 (1/8/   21 A.A.R 1246 (9/05/    R 18-8-262 (A), R18-8-263
 of Spent Lead-Acid Batteries (222).  2010).                  2015).                  (A), R18-8-264 (A), R18-8-
                                                                                264 (A), R18-8-266 (A).
Technical Corrections/               75 FR 12989-13009 (3/   21 A.A.R 1246 (9/05/    R18-8-260 (C), R18-8-262
 Clarifications (223).                18/2010), 75 FR 31716-  2015).                  (A), R18-8-262 (A), R18-8-
                                      31717 (6/4/2010).                               263(A), R18-8-264 (A), R18-
                                                                                8-265 (A), R18-8-266 (A),
                                                                                R18-8-268, R18-8-270 (A).
Removal of Saccharin and its Salts   75 FR 78918-78926 (12/  21 A.A.R 1246 (9/05/    R18-8-261(A), R18-8-268.
 from the list of HW (225).           17/2010).               2015).
Academic Laboratories Generator      75 FR 79304 (12/20/     21 A.A.R 1246 (9/05/    R18-8-261 (A), R18-8-262
 Standards Technical Corrections      2010).                  2015).                  (A).
 (226).
Revisions to Treatment Standards of  76 FR 34147-34157 (6/   21 A.A.R 1246 (9/05/    R18-8-268.
 Carbamate Wastes (227).              13/2011).               2015).
Technical Correction/Clarification   77 FR 22229-22232 (4/   21 A.A.R 1246 (9/05/    R18-8-261 (A), R18-8-266
 (228).                               13/2012).               2015).                  (A).
Conditional Exclusions for Solvent   78 FR 46448-46485 (7/   21 A.A.R 1246 (9/05/    R18-8-260 (A), R18-8-261
 Contaminated Wipes (229).            31/2013).               2015).                  (A).
Conditional Exclusion for Carbon     79 FR 350 (1/03/2014).  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Dioxide (CO2) Streams in Geologic                            2019).                  (A).
 Sequestration Activities (230).
Hazardous Waste Electronic Manifest  79 FR 7518-7563 (2/7/   25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-262
 System (231).                        2014).                  2019).                  (A), R18-8-263 (A), R18-8-
                                                                                264 (A), R18-8-265 (A).
Revisions to Export Provisions of    79 FR 36220-36231 (6/   25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 the Cathode Ray Tube (CRT) Rule      26/2014).               2019).                  (A).
 (232).
Revision to DSW Rule-Non-waste       80 FR 1694-1814 (1/13/  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 determinations and variances (233).  2015).                  2020).                  (A), R18-8-270 (A).
Vacatur of Comparable Fuels and      80 FR 18777-18780 (4/8/ 25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Gasification (234).                  2015).                  2019).                  (A).
Disposal of Coal Combustion          80 FR 21302 (4/17/      25 A.A.R 435 (2/05/     R18-8-261 (A).
 Residuals from Electric Utilities    2015).                  2019).
 (235).
Imports and Exports of Hazardous     81 FR 85696-85729 (11/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Waste (236).                         28/2016), 82 FR 41015-  2019).                  (A), R18-8-262 (A), R18-8-
                                      41016 (8/29/2017).                              263 (A), R18-8-264 (A),
                                                                                R18-8-265 (A), R18-8-266
                                                                                (A), R18-8-273
Generator Improvements Rule (237)..  81 FR 85732-85829 (11/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-265
                                      28/2016).               2019).                  (A), R18-8-268, R18-8-
                                                                                270(A), R18-8-273.
Confidentiality Determinations for   82 FR 60894-60901 (12/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Hazardous Waste Export and Import    26/2017).               2019).                  (A), R18-8-262 (A).
 Documents (238).
Hazardous Waste Electronic Manifest  83 FR 420-462 (1/3/     25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-262
 System User Fee (239).               2018).                  2019).                  (A), R18-8-263 (A), R18-8-
                                                                                264 (A), R18-8-265 (A).
Safe Management of Recalled Airbags  83 FR 61552 (11/30/     26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 (240).                               2018).                  2020).                  (A), R18-8-262 (A).
Management Standards for Hazardous   84 FR 5816 (2/22/2019)  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-
 Waste Pharmaceuticals and                                    2020).                  261(A), R18-8-262 (A), R18-
 Amendment to the P075 Listing for                                                    8-263 (A), R18-8-264 (A),
 Nicotine (241).                                                                      R18-8-265 (A), R18-8-
                                                                                266(A), R18-8-286, R18-8-
                                                                                270 (A), R18-8-273.
Universal Waste Regulations:         84 FR 67202 (12/09/     26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 Addition of Aerosol Cans (242).      2019).                  2020).                  (A), R18-8-264 (A), R18-8-
                                                                                265 (A), R18-8-268, R18-8-
                                                                                270 (A), R18-8-273.
----------------------------------------------------------------------------------------------------------------

G. Where are the revised state rules different than the Federal rules?

    More Stringent: When revised state rules differ from the Federal
rules in the RCRA state authorization process, the EPA determines
whether the state rules are equivalent to, more stringent than, or
broader in scope than the Federal program. Pursuant to RCRA section
3009, 42 U.S.C. 6929, state programs may contain requirements that are
more stringent than the Federal regulations. Such more stringent
requirements can be federally authorized and, once authorized, become
federally enforceable. Although the statute does not prevent states
from adopting regulations that are broader in scope than the Federal
program, states cannot receive Federal authorization for such
regulations, and they are not federally enforceable.
    Since 1984, Arizona's hazardous waste rules have contained several
procedural requirements that are more stringent than EPA's. These more
stringent procedural requirements are authorized by Arizona Revised
Statutes (ARS) section 49-922, which in directing Arizona to adopt
hazardous waste rules, prohibits only nonprocedural standards that are
more stringent than EPA's. There are no State requirements in the
program revisions listed in the table above that are considered to be
more stringent or broader in scope than the Federal requirements.
    Removed Rules: On March 1, 2019, Arizona updated its hazardous
waste program rules and removed the following procedural requirements
that were more stringent than the EPA's Rules:
     Annual Reports: Arizona eliminated the requirement that
Large Quantity Generators, Transfer, Storage and Disposal (TSD)
Facilities, and Recyclers submit annual reports [previously in AAC R18-
8-260(E)(3); R18-8-262(H), R18-8-264(I) and R18-8-265(I), ACC R18-8-
261(J)].
     Hazardous Waste Manifest: Arizona no longer requires
hazardous waste generators, transporters and TSD Facilities to provide
a copy of all hazardous waste manifests to Arizona's Department of
Environmental Quality monthly [previously in AAC R18-8-262(I) and (J);
R18-8-263(C), R18-8-264(J) and R18-8-265(J)].
    Nondelegable Rules: The EPA cannot authorize states to implement
certain Federal requirements associated with the Revisions to the
Export Provisions of the Cathode Ray Tube (CRT) Rule (Checklist 232),
Confidentiality Determinations for Hazardous Waste Export and Import
Documents Rule (Checklist 238), and the Hazardous Waste Electronic
Manifest User Fee Rule (Checklist 239). Arizona has adopted these
requirements and appropriately preserved the EPA's authority to
implement them.
    Other than the differences discussed above, Arizona incorporates by
reference the remaining Federal rules listed in section F, so there are
no significant differences between the remaining Federal rules and the
revised State rules being authorized in this action.

H. Who handles permits after the authorization takes effect?

    When final authorization takes effect, Arizona will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The EPA will not issue any new permits or new portions of
permits for the provisions listed in the table above after the
effective date of the final authorization. The EPA will continue to
implement HSWA requirements for which Arizona is not yet authorized.
The EPA has the authority to enforce state-issued permits after the
state is authorized.

I. How does this action affect Indian country (18 U.S.C. 1151) in
Arizona?

    Arizona is not authorized to carry out the hazardous waste program
in Indian country. Therefore, this action has no effect on Indian
country. EPA retains jurisdiction over Indian country and will continue
to implement and administer the RCRA program on these lands.

J. What is codification and is the EPA codifying Arizona's hazardous
waste program as authorized in this authorization?

    Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized state rules in 40 CFR part 272. The EPA is not
codifying the authorization of Arizona's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
L, for the authorization of Arizona's program changes at a later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
state requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by state law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes state requirements as part of a state RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the

requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this authorization, the EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of this action in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR
7629, February 16, 1994), as amended by Executive Order 14008 (86 FR
7619, February 1, 2021), establishes Federal executive policy on
environmental justice. Its main provision directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action authorizes pre-existing state rules
which are at least equivalent to, and no less stringent than existing
Federal requirements, and imposes no additional requirements beyond
those imposed by state law, and there are no anticipated significant
adverse human health or environmental effects, this authorization is
not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-19986 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42714-42716]
[DOCID:fr24au09-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60511; File No. SR-NYSEAMEX-2009-51]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change by NYSE Amex LLC
Adopting Rule 406--NYSE Amex Equities as New Rule 3250--NYSE Amex
Equities To Conform to a Proposed Rule Change Submitted in a Companion
Filing by the New York Stock Exchange LLC

August 17, 2009.
    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 July 28, 2009, NYSE Amex LLC (the ``Exchange'' or ``NYSE
Amex'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been substantially prepared by the self-
regulatory organization. The Exchange has designated this proposal
eligible for immediate effectiveness pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt Rule 406--NYSE Amex Equities
(Designation of Accounts) as new Rule 3250--NYSE Amex Equities to
conform to a proposed rule change submitted in a companion filing by
the New York Stock Exchange LLC (``NYSE'').\5\ The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.
---------------------------------------------------------------------------

    \5\ See SR-NYSE-2009-75, formally submitted on July 28, 2009.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The purpose of the proposed rule change is to adopt Rule 406 NYSE
Amex Equities (Designation of Accounts) as new Rule 3250 NYSE Amex
Equities to conform to a proposed rule change submitted in a companion
filing by the NYSE.\6\
---------------------------------------------------------------------------

    \6\ The Commission notes that this proposed rule change would
also conform NYSE Amex Rules with a rule change recently filed by
the Financial Industry Regulatory Authority, Inc. (``FINRA'') and
approved by the Commission. See Securities Exchange Act Release No.
59947 (May 20, 2009), 74 FR 25293 (May 27, 2009) (order approving
FINRA 2009-017).
---------------------------------------------------------------------------

Background
    As described more fully in a related rule filing,\7\ NYSE Euronext
acquired The Amex Membership Corporation (``AMC'') pursuant to an
Agreement and Plan of Merger, dated January 17, 2008 (the ``Merger'').
In connection with the Merger, the Exchange's predecessor, the American
Stock Exchange LLC, a subsidiary of AMC, became a subsidiary of NYSE
Euronext called NYSE Alternext U.S. LLC, and continues to operate as a
national securities exchange registered under Section 6 of the Act.\8\
The effective date of the Merger was October 1, 2008.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex
2008-62) (approving the Merger).
    \8\ 15 U.S.C. 78f.
---------------------------------------------------------------------------

    In connection with the Merger, on December 1, 2008, the Exchange
relocated all equities trading conducted on the Exchange legacy trading
systems and facilities located at 86 Trinity Place, New York, New York,
to trading systems and facilities located at 11 Wall Street, New York,
New York (the ``Equities Relocation''). The Exchange's equity trading
systems and facilities at 11 Wall Street (the ``NYSE Amex Trading
Systems'') are operated by the NYSE on behalf of the Exchange.\9\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex 2008-63) (approving
the Equities Relocation).
---------------------------------------------------------------------------

    As part of the Equities Relocation, NYSE Amex adopted NYSE Rules 1-
1004, subject to such changes as necessary to apply the Rules to the
Exchange, as the NYSE Amex Equities Rules to govern trading on the NYSE
Amex Trading Systems.\10\ The NYSE Amex Equities Rules, which became
operative on December 1, 2008, are substantially identical to the
current NYSE Rules 1-1004 and the Exchange continues to update the NYSE
Amex Equities Rules as necessary to conform with rule changes to
corresponding NYSE Rules filed by the NYSE.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release Nos. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex 2008-63); 58833
(October 22, 2008), 73 FR 64642 (October 30, 2008) (SR-NYSE-2008-
106); 58839 (October 23, 2008), 73 FR 64645 (October 30, 2008) (SR-
NYSEALTR-2008-03); 59022 (November 26, 2008), 73 FR 73683 (December
3, 2008) (SR-NYSEALTR-2008-10); and 59027 (November 28, 2008), 73 FR
73681 (December 3, 2008) (SR-NYSEALTR-2008-11).
---------------------------------------------------------------------------

Proposed Conforming Amendment to NYSE Amex Equities Rules
    As noted above, the Exchange proposes to adopt Rule 406--NYSE Amex
Equities as new Rule 3250--NYSE Amex Equities to conform to a proposed
rule change submitted in a companion filing by the NYSE. As discussed
in more detail below, the NYSE is filing the proposed rule change to
harmonize the NYSE Rules with a change to corresponding Incorporated
NYSE Rules filed by FINRA and approved by the Commission.\11\ Unless
specifically noted, the Exchange is proposing to adopt the NYSE's
proposed rule change in the form that it has been approved for filing
by the Commission, subject to such technical changes as are necessary
to apply the NYSE's proposed rule change to the Exchange. The Exchange
further proposes that the operative date of the rule change be the same
as the operative date of the NYSE's proposed rule change on which this
filing is based.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 59947 (May 20,
2009), 74 FR 25293 (May 27, 2009) (order approving FINRA 2009-017).
---------------------------------------------------------------------------

    Specifically, FINRA adopted FINRA Incorporated NYSE Rule 406

(Designation of Accounts) as consolidated FINRA Rule 3250, subject to
some minor technical changes. FINRA Rule 3250 provides that no member
shall carry an account on its books in the name of a person other than
that of the customer. However, an account may be designated by a number
or symbol, provided the member organization has a written statement of
ownership signed by the customer.\12\
---------------------------------------------------------------------------

    \12\ Id. As noted by FINRA, member organizations are subject to
additional requirements regarding customer accounts under the Act.
See, e.g., 17 CFR 240.17a-3(a)(9) (requiring records indicating the
name and address of the beneficial owner of cash and margin customer
accounts).
---------------------------------------------------------------------------

    FINRA adopted FINRA Incorporated NYSE Rule 406 (Designation of
Accounts) as consolidated FINRA Rule 3250 because it believes the Rule
is an important enforcement tool used to address, inter alia, sales
practice abuses, including commingling of funds, failure to disclose
ownership interests in accounts and unauthorized trading, and should be
applied to all FINRA members. In addition, the Rule provides customers
and their accounts with a level of anonymity that may be useful while
still permitting identification to the member organization carrying the
account as well as regulators. Upon adoption of Rule 3250, FINRA made
minor technical changes to apply the Rule to all FINRA members,
replacing the terms ``member organization'' or ``organization'' with
the term ``member.'' \13\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 59947 (May 20,
2009), 74 FR 25293 (May 27, 2009).
---------------------------------------------------------------------------

    To harmonize the NYSE Rules with the approved FINRA Rules, NYSE
correspondingly proposes to adopt NYSE Rule 406 as new Rule 3250, which
is substantially similar to the new FINRA rule. As proposed, NYSE Rule
3250 adopts the same language as FINRA Rule 3250, except for retaining
or adding, as needed, the term ``member organization'' and making
corresponding technical changes. As with the consolidated FINRA Rule,
under proposed NYSE Rule 3250 Exchange member organizations will be
required to carry customer accounts in the name of the customer, except
that an account may be designated by a number or symbol, as long as the
member maintains documentation identifying the customer.\14\
---------------------------------------------------------------------------

    \14\ See SR-NYSE-2009-75, formally submitted on July 28, 2009.
---------------------------------------------------------------------------

    The Exchange proposes to correspondingly adopt Rule 406--NYSE Amex
Equities as new Rule 3250--NYSE Amex Equities in the form proposed by
the NYSE.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\15\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\16\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Commission has determined that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver will ensure the elimination of any
potential regulatory gap among the Exchange's, the NYSE's and FINRA's
rules. Therefore, the Commission designates the proposal operative upon
filing.\19\
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    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMEX-2009-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMEX-2009-51. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing will also be available

for inspection and copying at the principal office of the Exchange and
on its Web site at http://www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMEX-2009-51 and should be submitted
on or before September 14, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-20198 Filed 8-21-09; 8:45 am]

BILLING CODE 8010-01-P