MEMORANDUM

TO:	Dockets for rulemakings, "National Emission Standards for Hazardous Air Pollutants for the Surface Coating of Metal Furniture (Subpart RRRR)" (EPA-HQ-OAR-2017-0669)
DATE:		December 4, 2018
SUBJECT:	Economic Impact and Small Business Screening Assessments for Amendments to the National Emission Standards for Hazardous Air Pollutants for the Surface Coating of Metal Furniture (Subpart RRRR)

Introduction

This document summarizes economic impact and small business screening assessments for the amendments to the National Emission Standards for Hazardous Air Pollutants for the Surface Coating of Metal Furniture (40 CFR part 63, Subpart RRRR) based on the residual risk and technology review. The potential costs estimated for the amendments to subpart RRRR are associated with familiarization with the rule requirements and changes to the Startup, Shutdown, and Malfunction (SSM) requirements for all sixteen affected entities. Facilities will be required to meet the standards during startup, shutdown and malfunction and use the electronic reporting tool for annual reports, performance testing, and notifications. A discussion of the regulatory options evaluated and their detailed cost estimates is provided in the November 28, 2018, technical memorandum entitled "Updated Costs/Impacts of the Proposed 40 CFR Part 63 Subparts NNNN, OOOO and RRRR Monitoring Review Revisions," available in the docket.

Costs of the Amendments

This rule will require that the emission standards be met at all times, including during startup, shutdown, and malfunction, and will require the use of the electronic reporting tool for annual reports, performance testing, and notifications. The burden associated with this rule is the recordkeeping requirement for startup, shutdown, and malfunction, and the requirement that facilities use the electronic reporting tool. While the electronic reporting requirement is expected to be no more burdensome than the current reporting requirement, there are costs associated with becoming familiar with the rule requirements and electronic reporting system, as well as re-evaluating previously developed SSM record systems. The one-time total cost (in 2016$) of this rule is estimated to be $32,000 for the sixteen affected entities in 2019.

Economic Impacts

Economic impact analyses focus on changes in market prices and output levels. If changes in market prices and output levels in the primary markets are significant enough, impacts on other markets may also be examined. Both the magnitude of costs needed to comply with a rule and the distribution of these costs among affected facilities can have a role in determining how the market will change in response to a rule. For the purpose of analyzing the impact on firms, the per-facility costs for familiarization with the rule requirements and changes to the SSM requirements were compared to the annual sales revenue for the ultimate owner of the affected facilities to estimate the total burden for each ultimate owner. The 16 affected facilities are owned by 13 different parent companies, and the total costs associated with Subpart RRRR's requirements range from 0.00007 to 0.02 percent of annual sales revenues per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms.

The EPA prepared a small business screening assessment to determine if any of the identified affected entities are small entities, as defined by the U.S. Small Business Administration (SBA). The affected facilities that perform surface coating of metal furniture fall into one of the following North American Industry Classification System (NAICS) codes: 335121, Residential Electric Lighting Fixture Manufacturing; 337127, Institutional Furniture Manufacturing; 337214, Office Furniture (Except Wood) Manufacturing; 337215, Showcase, Partition, Shelving, and Locker Manufacturing; or 423850, Service Establishment Equipment and Supplies Merchant Wholesalers. The SBA defines small entities in these NAICS codes as having 750 or fewer employees, 500 or fewer employees, 1,000 or fewer employees, 500 or fewer employees, or 100 or fewer employees, respectively.
Five of the affected facilities were identified as small entities. However, the annualized costs associated with Subpart RRRR's requirements for these five affected small entities range from 0.001 to 0.02 percent of annual sales revenues per affected entity. Therefore, there are no significant economic impacts on a substantial number of small entities (SISNOSE) from these amendments.


Finally, Nasdaq is proposing to create a set of rules that purely
governs the operation of the Integrated System, separate from the rules
governing System participants. Therefore, the proposed Nasdaq Rule 4750
Series contains only those rules relating to the execution of trades by
the Integrated System, and rules unrelated to actual executions have
been moved to the Nasdaq Rule 4600 Series. For example, current Nasdaq
Rules 4712 and 4713 (NMC Facility), 4907 and 4908 (Brut Facility), and
4958 and 4959 (INET Facility) governing participants' obligations to
honor trades and to comply with applicable rules and registration
requirements have been all renumbered as Nasdaq Rules 4627 \7\ and
4628. Several rules formerly contained in the Nasdaq Rule 4700 Series
governing the NMC Facility duplicate in whole or in part rules that
also exist in the Nasdaq Rule 4600 Series. For example, current Nasdaq
Rules 4617, 4705, 4912, and 4963 all describe Nasdaq's hours of
operation and Nasdaq Rules 4618, 4711, 4906, and 4957 all govern
Clearance and Settlement. Those rules will be maintained in the Nasdaq
Rule 4600 Series as Nasdaq Rules 4617 and 4618.
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    \7\ Nasdaq states that proposed Nasdaq Rule 4627 will also apply
to trading in ITS Securities and will replace current Nasdaq Rule
5261.
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    As set forth in more detail in Section 2 below, the remaining rules
contained in the Nasdaq Rule 5200 Series will be incorporated into
proposed Nasdaq Rule 4759 governing ITS Commitments.
    2. Exchange Registration Readiness. Nasdaq will program the
Integrated System to operate in compliance with Nasdaq's recent
registration as a national securities exchange to reflect the Nasdaq
rules approved via the January 13, 2006 Order. For example, the
Integrated System will not accept reports of transactions occurring
outside the Integrated System as it does today. The Integrated System
will interact with the network processors for the various national
market system plans in compliance with Commission rules governing
exchanges, most notably the Quote Rule provisions governing
transmission of quotation information in Rule 602(a)(1)(i) under
Regulation NMS. Nasdaq states that the Integrated System will also
fulfill Nasdaq's new role as an exchange in the national market system
plans themselves.
    In fact, the vast majority of exchange-related modifications are
necessitated by changes to the national market system plan governing
the Intermarket Trading System (``ITS Plan'').\8\ Nasdaq states that it
ensures that its members comply with the ITS Plan by programming many
Plan restrictions into its execution system. As an association market,
Nasdaq participates in ITS trading through its individual ITS market
makers. The ITS Plan has detailed rules governing the obligations of
individual ITS market makers, including the obligations of each to
maintain a two-sided quote, to comply with the ITS trade through rule
and locked and crossed market rule, and to maintain particular ITS
operations on their premises. A significant aspect of Nasdaq's current
participation in the ITS linkage is the inability for Nasdaq order
entry firms to post liquidity in the Nasdaq Market Center.
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    \8\ Nasdaq states that on December 27, 2005, the Operating
Committee of the ITS Plan unanimously approved the 22nd Amendment to
the Plan which admits Nasdaq to the ITS Plan as a new Exchange
Participant. The 22nd Amendment will be formally filed with the
Commission when each of the ITS Participants has executed the
required documents. The 22nd Amendment and the formation documents
for the successor to the ITS Plan, the so-called ``NMS Linkage
Plan,'' are being circulated simultaneously.
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    As an exchange market, Nasdaq states that it will participate as a
single, unified trading entity on its own behalf for the benefit of its
members. As such, Nasdaq itself will be bound by the obligations of the
ITS Plan, and its members will be relieved of obligations that have not
applied to members of other exchanges or even to NASD members that
participate in other exchanges' execution facilities. Nasdaq will
maintain a single two-sided quotation, rather than its members being
obligated individually to maintain two-sided quotes. Additionally,
Nasdaq states that it, rather than its members, will be responsible for
trade-through compliance, opening the system to full participation by
order entry firms.
    Nasdaq states that it will continue to rely on system programming
to comply with its obligations under the ITS Plan. Nasdaq has re-
numbered current NASD Rule 4708 as Nasdaq Rule 4759, in order to
retain--on an exchange basis--the compliance obligations contained in
the current rule. Specifically, proposed Nasdaq Rule 4759(a) states
that the System will comply with obligations imposed by ITS Plan
provisions governing Trade Throughs,\9\ Block

Trade Throughs, and Locked and Crossed Markets (Section 8).\10\ Nasdaq
states that it will retain all existing Plan obligations, but is
proposing to incorporate by reference the ITS Plan language by
reference rather than needlessly repeating the lengthy Plan language in
its rule manual, thereby eliminating the need for current Nasdaq Rules
5240, 5250, 5262, 5263, and 5264.
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    \9\ Nasdaq is proposing to retain at Nasdaq Rule 4756(b)(3)(F)
the INET Facility processing for ITS Trade Through and Locked and
Crossed markets compliance which currently is described at NASD Rule
4954(b)(3)(F). Nasdaq proposes adding a description of the System
processing for securities subject to the Commission's so-called ``de
minimis'' exception to the ITS trade through rule.
    \10\ Though Nasdaq may do so under proposed Nasdaq Rule
4759(a)(1), Nasdaq states that it is not planning to initiate a Pre-
Opening Application or to participate in the Pre-Opening
Applications of other markets. The Pre-Opening Application is a
mechanism designed for use by the primary listing markets for ITS
Securities to open their markets at prices that are materially
different than the previous day's closing prices. Today, the Pre-
Opening Application is initiated by the NYSE and Amex for their
securities.
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    Nasdaq states that proposed Nasdaq Rule 4759(b) is identical to
current NASD Rule 4708(b) with one exception. Nasdaq is proposing to
expand section (b)(1) to include the ITS ``clearly erroneous policy''
currently stated in NASD Rule 5265. Nasdaq states that this
modification is designed to maintain the status quo with respect to
Nasdaq's implementation of the obvious error policy for ITS Securities.
    Nasdaq is also proposing to add Nasdaq Rule 4759(c), which will
incorporate subsections (b) and (d) of NASD Rule 5230, entitled ``ITS
Operations,'' with minor updates to reflect current ITS functionality
and Nasdaq's rule as an exchange rather than an association. Nasdaq is
proposing to eliminate subsection (a) of NASD Rule 5230 as redundant
with proposed Nasdaq Rule 4618 governing clearance and settlement.
Nasdaq is proposing to eliminate subsection (c) of NASD Rule 5230 and
to rely instead on Nasdaq Rules 4619 and 4620 to govern market maker
quotation practices in ITS Securities. Finally, Nasdaq is proposing to
renumber without modification the text of NASD IM-5262-1 except to
limit the proposed rule to ITS securities, governing the
contemporaneous sending of commitments, as Nasdaq IM-4759-1.
    3. Regulation NMS Readiness. Nasdaq is proposing to design the
Integrated System to comply with Regulation NMS, and to launch it to
precede or coincide with the implementation of the Fair Access and
Order Protection Rules, Rules 610 and 611 of Regulation NMS.\11\ First,
Nasdaq has proposed, as Nasdaq Rule 4613(e), the language recently
proposed by the staff of the Division of Market Regulation
(``Division'') as a uniform rule on locked and crossed markets for each
self regulatory organization subject to Regulation NMS. Nasdaq states
that it will amend this filing to incorporate any modifications that
the Division proposes prior to approval of this filing.
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    \11\ Nasdaq has already adopted a rule to implement its
obligations under the sub-penny rule, Rule 612 of Regulation NMS
under the Act. Nasdaq proposes to renumber that provision at Nasdaq
Rule 4613(a)(1)(B).
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    Second, Nasdaq is proposing to design the Book Processing (Nasdaq
Rule 4757) and Order Routing (Nasdaq Rule 4758) functionality of the
Integrated System to comply with Regulation NMS. With respect to Book
Processing, Nasdaq will permit firms to designate orders entered into
the Integrated System as Intermarket Sweep Orders within the definition
of Rule 600(b) of Regulation NMS, and to require the entering party to
assume responsibility for compliance with respect to the presence of
protected quotations in market centers outside of Nasdaq. Nasdaq states
that orders designated as such will be automatically matched and
rapidly executed without reference to protected quotations in other
trading centers. Nasdaq believes that this approach will increase the
efficiency of the Nasdaq system and also preserve the maximum
flexibility for Nasdaq participants to use alternative order routing
systems.
    As described in more detail in Section 8 below, for orders entered
into the Integrated System without the Intermarket Sweep designation,
Nasdaq will offer routing strategies that comply with Rules 610 and 611
of Regulation NMS. Nasdaq states that its Integrated System will
automatically identify circumstances requiring routing and utilize the
routing strategy selected by the entering party in compliance with
Rules 610 and 611 of Regulation NMS, whether the circumstances pertain
to the existence of a protected quote, the existence of a locked or
crossed market, or the need to resolve an existing locked or crossed
market.
    Third, Nasdaq is proposing not to offer order delivery processing
in the Integrated System to avoid harming investors that participate in
Nasdaq on an automatic execution basis. Nasdaq has determined that
offering order delivery functionality risks harming automatic execution
participants in Nasdaq's system by threatening to render Nasdaq a non-
automated or ``slow'' market center and render quotes there un-
protected, at any time a single order delivery participant's quote is
``slow.'' Furthermore, Nasdaq states that a single order delivery
participant experiencing technical or operations difficulties could
prompt other market centers to invoke the ``self-help'' exception under
Rule 611(b)(1) of Regulation NMS against the Nasdaq Market Center.
Nasdaq's experience with order delivery participants has established
that, at certain times, especially leading up to the close of market
hours, order delivery participants are unable to respond to delivered
orders to meet the definition of an automated response under Rule
600(b) of Regulation NMS. Finally, Nasdaq does not believe it can offer
order delivery functionality and also continuously provide ``a response
to incoming orders that does not significantly vary between orders
handled entirely within the SRO trading facility and orders delivered
to the ECN.'' \12\ Nasdaq states that it would be at a substantial
competitive disadvantage were it to risk moving into a slow quote
status or to risk having other market centers declare self-help against
the Nasdaq Market Center in order to integrate order delivery
participants.\13\
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    \12\ See Responses to Frequently Asked Questions Concerning Rule
611 and Rule 610 of Regulation NMS under the Act, dated January 27,
2006, at Question 5 (http://www.sec.gov/divisions/marketreg/rule611faq.pdf
).

    \13\ Nasdaq states that it is unable to detect in Regulation NMS
or in the Exchange Act a requirement that national securities
exchanges offer the opportunity for order delivery participation in
their execution systems. If such a requirement were to exist, Nasdaq
states that it would consider adopting a rule similar to that of
other exchanges that offer order delivery participation in
compliance with Regulation NMS.
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    Nasdaq states that it will offer current order delivery
participants extensive testing opportunities to test their systems
using Nasdaq's automatic execution functionality. Nasdaq assumes that
firms that remain order delivery participants today have chosen to do
so for financial or other competitive reasons beyond Nasdaq's control
or responsibility.
    Finally, Nasdaq has added Nasdaq Rule 4756(c)(4), which states that
Nasdaq has adopted policies and procedures to identify its quotes as
manual or automated and to notify its members of the status of its
quotations.
    4. Openings and Closing. Nasdaq is proposing to leverage its highly
successful opening and closing processes, including the Opening and
Closing Crosses and the recently proposed IPO/Halt Cross. The Cross
functionality is currently described in NASD Rules 4704 and 4709, and
will be renumbered as Nasdaq Rules 4752 (Opening), 4753 (IPO/Halt) \14\
and 4754 (Closing), and modified to optimize its efficiency on the new
Nasdaq Market

Center platform. Set forth below is a detailed description of the
proposed changes from current functionality.
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    \14\ Nasdaq states that proposed Nasdaq Rule 4753, governing the
Nasdaq Halt Cross, incorporates a proposal set forth in SR-NASD-
2006-015, which has not yet been approved.
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    Nasdaq states that the Nasdaq Opening Process, set forth in
proposed Nasdaq Rule 4753, is modeled closely on functionality approved
for use in the Nasdaq Market Center under current Nasdaq Rule 4704.
Several definitions have been changed in non-substantive ways to make
the language of the rules governing the Opening and Closing Crosses
more consistent and readable. Specifically, existing Nasdaq Rule
4704(a)(2) and (7) have been combined to describe in one place the
purpose and function of the Order Imbalance Indicator, and the phrase
``Inside Match Price'' replaced by ``Current Reference Price'' with a
clarifying tiebreaker added at Nasdaq Rule 4752(a)(2)(A)(iii) and a
minor modification to the wording of the third tiebreaker set forth in
subsection (a)(2)(A)(iv).
    Nasdaq is proposing to modify slightly the entry parameters for
Opening Cross orders. Specifically, entry of Limit on Open (``LOO'')
Orders will begin at 7 a.m. rather than 7:30 a.m. and cease at 9:28
a.m. rather than 9:30 a.m. (Nasdaq Rule 4752(a)(3)). Market on Open
(``MOO'') Orders (subsection (a)(4) and Opening Imbalance Only
(``OIO'') orders (subsection (a)(6)) will also be permitted entry at 7
a.m. rather than 7:30 a.m. ``Regular Hours Orders'' have been recast in
proposed Nasdaq Rule 4752(a)(7) as ``Market Hours Orders'' and modified
such that, for purposes of the Opening Cross, Early Market Hours Orders
will be treated as MOO or LOO orders as appropriate and Late Market
Hours Orders will be treated like OIO Orders.
    Under proposed Nasdaq Rule 4752(b), the System will open for
trading prior to normal market hours at 7 a.m. rather than 7:30 a.m.
Participants will have the option to open their quotes at a price and
size determined by the participant between 7 a.m. and 9:24:59 a.m. At
9:25 a.m., the System will open all remaining quotes according to each
firm's instructions as to price and size. Securities in which no
Opening Cross occurs will, pursuant to proposed Nasdaq Rule 4752(c),
begin trading at 9:30 a.m. according to market hours processing rules
described in further detail below.
    The Opening Cross itself will occur as it does currently with two
minor exceptions. First, Nasdaq is proposing to add a tiebreaker to
Nasdaq Rule 4752(d)(2)(C) to clarify that shares will be executed in
price priority. Second, Nasdaq is substituting current Regular Hours
order types with proposed Market Hours order types with slightly
different characteristics. Nasdaq states that the mechanism for setting
the Opening Cross price, determining priority, executing the cross, and
reporting to the consolidated tape will remain unchanged from today.
    Nasdaq states that the proposed Nasdaq Halt Cross is virtually
identical to that proposed for use by the Nasdaq Market Center. The
phrase ``Current Reference Price'' has replaced ``Inside Match Price''
and Nasdaq has added new language to both the Current Reference Price
(Nasdaq Rule 4753(a)(2)(C) and the Cross (Nasdaq Rule 4753(b)(2)(C) to
clarify the tiebreakers used in determining reference and execution
prices. The term ``Eligible Interest'' has been modified to reflect the
new order types that Nasdaq is proposing herein (Nasdaq Rule
4753(a)(4), and Nasdaq is proposing to clarify that trades executed as
part of the Halt Cross will be reported anonymously to the network
processor (Nasdaq Rule 4753(b)(4)).
    The Nasdaq Closing Cross, set forth at proposed Nasdaq Rule 4754,
will be modified as were the Opening and Halt Crosses. The definitions
have been modified to reflect the order types proposed for the
Integrated System, to substitute ``Current Reference Price'' for
``Inside Match Price,'' and to add the same additional tiebreaker to
the calculation of the Current Reference Price and the Closing Cross
itself. Nasdaq states that, as with the Opening and Halt Crosses, the
substance of the Nasdaq Closing Cross will remain as it is currently on
the Nasdaq Market Center.
    5. Order Display/Matching System. Nasdaq states that the System
will be based upon functionality currently approved for use in Nasdaq's
INET Facility. Specifically, the System will allow participants to
enter priced limit orders to buy and sell Nasdaq and exchange-listed
securities as attributed, non-attributed, or non-displayed orders.
Attributable Orders are designated for display (price and size) next to
the Participant's MPID. Non-Attributable Orders are entered by a
Participant and designated for display (price and size) on an anonymous
basis in the order display service of the System. Non-Displayed Orders
are not displayed in the System, but nevertheless remains available for
potential execution against all incoming orders until executed in full
or canceled.
    Orders may be in round-lots, mixed-lots, or odd-lots of any size up
to 999,999 shares. Participants will be permitted to enter multiple
orders at single or multiple price levels and will have the option to
have a portion of their order held in reserve and not displayed to the
marketplace. Nasdaq will, in turn, make available to System
participants and market data vendors a data feed of all displayable
orders on both the bid and offer side of the market (excluding reserve
size share amounts) for all price levels at which shares are available
within its System. Nasdaq states that the System will comply with Rule
612 of Regulation NMS by accepting sub-penny prices in $0.0001
increments for securities priced under $1.00 a share and by rejecting
orders in sub-penny increments for securities priced over $1.00 per
share. Sub-penny prices are viewable via the System Data Feed.
    Nasdaq will also offer the opportunity for Nasdaq participants to
enter quotations from 7 a.m. until 8 p.m. eastern time. When open,
quotes will be processed as System Hours GTC Orders, as set forth in
Nasdaq Rule 4751(h)(3) under the same terms and conditions as order
entry under Nasdaq Rule 4757(a). Nasdaq Market Makers and Nasdaq ECNs
may elect to utilize the Automatic Quote Refresh functionality, which
will refresh a participant's quote to 100 shares unless another size is
selected.
    6. Order Types. Nasdaq states that the proposed System will make
available to Participants Limit Orders, Discretionary Orders, and
Reserve Orders with the same characteristics and functionality that is
currently approved for use in the INET Facility. ``Limit Orders'' are
orders to buy or sell a stock at a specified price or better. A limit
order is marketable when, for a limit order to buy, at the time it is
entered into the System, the order is priced at the current inside
offer or higher, or for a limit order to sell, at the time it is
entered into the System, the order is priced at the inside bid or
lower.
    ``Discretionary Orders'' are orders that have a displayed price and
size, as well as a non-displayed discretionary price range, at which
the entering party, if necessary, is also willing to buy or sell. The
non-displayed trading interest is not entered into the System book but
is, along with the displayed size, converted to an IOC buy (sell) order
priced at the highest (lowest) price in the discretionary price range
when displayed shares become available or an execution takes place at
any price within the discretionary price range. The generation of this
IOC order is triggered by the cancellation of the open shares of the
Discretionary Order. If more than one Discretionary Order is available
for conversion to an IOC order, the system will convert all such orders
at the same time and priority will be given to the first IOC order(s)
that

reaches the trading interest on the other side of the market. If an IOC
order is not executed in full, the unexecuted portion of the order is
automatically re-posted and displayed in the System book with a new
time stamp, its original displayed price, and its non-displayed
discretionary price range.
    ``Reserve Orders'' are limit orders that have both a round-lot
displayed size as well as an additional non-displayed share amount.
Both the displayed and non-displayed portions of the Reserve Order are
available for potential execution against incoming orders. If the
round-lot displayed portion of a Reserve Order is reduced to less than
a normal unit of trading, the System will replenish the display portion
from reserve up to at least a single round-lot amount. Nasdaq states
that a new timestamp is created for the replenished portion of the
order each time it is replenished from reserve, while the reserve
portion retains the time-stamp of its original entry.
    The proposed System will make available the Pegged Order and the
Minimum Quantity Order types that are currently approved for use in the
INET Facility with minor modifications as described below. ``Pegged
Orders'' are orders that, after entry, have their price automatically
adjusted by the System in response to changes in bids or offers in the
market, as appropriate. A Pegged Order can specify that its price will
equal the inside quote on the same side of the market (``Primary Peg'')
or the opposite side of the market (``Market Peg''). A Pegged Order may
be a market order (the only market order available in the System) or it
may have a limit price beyond which the order shall not be executed.
Nasdaq states that a Pegged Order--whether Primary, Market, limit-
priced, or market-priced--will comply with Rule 610 of Regulation NMS,
the locked and crossed market rule. In addition, Pegged Orders may also
establish their pricing relative to the appropriate bids or offers by
the selection of one or more offset amounts that will adjust the price
of the order by the offset amount selected. A new timestamp is created
for the order each time it is automatically adjusted.
    Nasdaq is proposing to clarify that Pegged Orders will be priced
relative to the bids and offers of the markets to which they may be
routed in accordance with the routing instructions selected by the
entering firm. For example, if the routing instruction calls for the
System to route the order to either the New York Stock Exchange
(``NYSE''), Archipelago, or the National Stock Exchange, the bids and
offers considered will be those of the potential recipient markets and
will not include, for example, the bids and offers of the American
Stock Exchange (``Amex''). Nasdaq states that, after Regulation NMS is
implemented, an order that is pegged to the NBBO will be pegged to the
best-priced protected quotations as defined in Rule 600 of Regulation
NMS and will not consider non-protected quotations. As described in
more detail in the Routing section below, the System will provide a
variety of routing alternatives that comply with Regulation NMS without
further action by the entering firm, as well as options that require
entering firms to take additional steps to comply with their own
regulatory obligations.
    ``Minimum Quantity Orders'' are orders that require that a
specified minimum quantity of shares be obtained, or the order is
cancelled. Minimum Quantity Orders may only be entered with a time-in-
force designation of Immediate or Cancel (``IOC''). This order type is
being modified to reflect that IOC orders may have a time in force of
either System Hours Immediate or Cancel or Market Hours Immediate or
Cancel. Minimum Quantity Orders with a Market Hours Immediate or Cancel
time in force received prior to the opening cross will be rejected.
    Finally, Nasdaq is proposing three new order types for the
integrated system: Intermarket Sweep Orders, Price to Comply Orders,
and Price to Comply Post Orders. ``Intermarket Sweep Orders'' are limit
orders entered into the System and designated by Participants to be
executed within the System at multiple price levels without respect to
protected quotations on other market centers. Intermarket Sweep Orders
are immediately executable within the System under Nasdaq Rule 4757 and
are not be eligible for routing as set out in Nasdaq Rule 4758. By
designating an order as an Intermarket Sweep Order, entering firms are
agreeing that they will take any additional steps that they deem
necessary to comply with their own regulatory obligations.
Specifically, simultaneously with the routing of an ISO to the System,
one or more additional limit orders, as necessary, are routed to
execute against the full displayed size of any protected bid or offer
(as defined in Rule 600(b) of Regulation NMS) in the case of a limit
order to sell or buy with a price that is superior to the limit price
of the limit order identified as an Intermarket sweep order (as defined
in Rule 600(b) of Regulation NMS). These additional routed orders must
be identified as intermarket sweep orders.
    ``Price to Comply Order'' are orders that, if, at the time of
entry, a Price to Comply Order would create a violation of Rule 610(d)
of Regulation NMS by locking or crossing the protected quote of an
external market or would cause an Order Protection Rule violation, the
order will be converted by the System to a Non-Displayed Order and re-
priced to the current low offer (for bids) or to the current best bid
(for offers). Such Non-Displayed Orders will be cancelled by the System
if the market moves through the price of the order after the order is
accepted.
    Lastly, Nasdaq is proposing to offer a ``Price to Comply Post
Order,'' which is an order that, if, at the time of entry, a Price to
Comply Post Order would create a violation of Rule 610(d) of Regulation
NMS by locking or crossing the protected quote of an external market or
would cause an Order Protection Rule violation, the order will be re-
priced and displayed by the System to one quotation increment below the
current low offer (for bids) or to one penny above the current best bid
(for offers). Price to Comply Post orders will not be routed outside of
the System.
    7. Time in Force Designations. Nasdaq is proposing to expand the
number of time in force designations currently available for use in the
INET Facility. Participants entering orders into the System may
designate such orders to remain in force and available for display and/
or potential execution for varying periods of time. Unless cancelled
earlier, once these time periods expire, the order (or the unexecuted
portion thereof) is returned to the entering party.
    The time in force designations are broken down into two categories:
system hours and market hours. ``System Hours'' designated orders may
be entered beginning at 7 a.m. e.s.t. and are available for execution
at all times while the System operates, 7 a.m. through 8 p.m. e.s.t.
``Market Hours'' designated orders may be entered beginning at 7 a.m.
but are available for execution only during normal market hours, 9:30
a.m. through 4 p.m. e.s.t. These ``time in force'' designations are
described in more detail below.
    ``System Hours Immediate or Cancel'' or ``SIOC'': limit orders,
with this designation may be entered and executed between 7 a.m. and 8
p.m. e.s.t. but if after entry into the System any portion of the order
is not marketable, that portion order is canceled and returned to the
entering Participant.
    ``System Hours Day'' or ``SDAY'': orders with this designation may
be entered, displayed and/or executed between 7 a.m. and 8 p.m. but if
after entry into the System, the order is not

fully executed, the unexecuted portion remains available for potential
display and/or execution until 8 p.m. e.s.t. on the day it was
submitted unless cancelled before then by the entering party.
    ``System Hours Good-till-Cancelled'' or ``SGTC'': if after entry
into the System, orders designated as SGTC that are not fully executed
remain available for potential display and/or execution between 7 a.m.
and 8 p.m. eastern time until cancelled by the entering party, or until
1 year after entry, whichever comes first.
    When using the ``System Hours Expire Time'' or ``SHEX'' order,
users will be permitted to designate the amount of time the order will
remain available for execution within the System. If, after entry, the
order is not fully executed, the order (or the unexecuted portion
thereof) shall remain available for potential display and/or execution
for the amount of time specified unless canceled by the entering party.
SHEX Orders will be available for entry and execution from 7 a.m.
eastern time until 8 p.m. eastern time.
    ``Market Hours IOC'' or ``MIOC'': if after entry a marketable limit
order designated as MIOC becomes non-marketable, the order (or
unexecuted portion) will be canceled and returned to the entering
participant. MIOC Orders may be entered between 7 a.m. and 4 p.m.
e.s.t. and executed between 9:30 a.m. and 4 p.m. e.s.t. MIOC Orders
entered between 7 a.m. and 9:30 a.m. eastern time will be held within
the System until 9:30 a.m. at which time the System shall determine
whether such orders are marketable.
    ``Market Hours Day'' or ``MDAY'': if after entry an order
designated as MDAY is not fully executed, the order (or unexecuted
portion) remains available for display and/or execution until 4 p.m.
eastern time, after which it will be returned to the entering party.
MDAY Orders are available for entry between 7 a.m. and 4 p.m. e.s.t.
and for execution between 9:30 a.m. and 4 p.m. e.s.t.
    ``Market Hours GTC'' or ``MGTC'': if after entry an order
designated as MGTC is not fully executed, the order (or unexecuted
portion) remains available for display and/or execution until cancelled
by the entering party, or until 1 year after entry, whichever comes
first. MGTC Orders may be entered between 7 a.m. and 8 p.m. e.s.t. and
executed between 9:30 a.m. and 4 p.m. e.s.t.
    ``Good-til-market close'' or ``GTMC'': if entered into the System
between 7 a.m. and 4 p.m., an order designated as GTMC that is not
fully executed, the order remains available for display and/or
execution until cancelled by the entering party, or until the
completion of the Nasdaq Closing Cross, after which it is returned to
the entering party if unexecuted. GTMC orders entered after the Nasdaq
Closing Cross will be treated as SIOC orders.
    8. Anonymity. Nasdaq states that the System's anonymity standards
are substantially similar to those in place in the INET Facility except
that the System will clear trades through a registered clearing agency
rather than through INET.
    9. Routing. Nasdaq states that the System will provide the same
capability that the INET Facility currently offers to route orders to
other available market centers, with the exception that Nasdaq is
proposing to consolidate the current DOT routing options for ITS
Securities. DOT orders will be routed to available destinations based
on the entering firm's instructions. In addition, Nasdaq is revising
the routing functionality to comply with the Order Protection and Fair
Access provisions of Regulation NMS. Routing functionality is available
to System users between the hours of 7 a.m. and 8 p.m. eastern time. In
general, the System provides users with four optional routing
strategies for exchange-listed securities. These strategies are
summarized below:
    DOT (DOT). After checking the System for available shares, the
order will be sent to various available market centers for potential
execution, as instructed by entering firm. Any remaining un-executed
portion will thereafter be sent to the NYSE or the American Stock
Exchange, as appropriate, at the limit order price for posting. This
strategy may only be used for orders with time-in-force parameters of
either MDAY, MIOC, or market-on-open/close.
Example of DOT Routable Order
     The current NBBO is $10.00 bid x $10.02 offer
     Offer size is as follows:

--300 shares System displayed
--200 shares System non-displayed
--100 shares PCX
--200 shares NYSE

     Participant A enters a buy order for 1,000 shares at 10.02
     Participant A will execute against 300 shares at 10.02
displayed and the 200 shares non-displayed
     The System will route the remaining shares to PCX
     Participant A will receive 100 shares from PCX
     The System will then route 400 shares to NYSE.
     Participant A will receive 200 shares from NYSE. The
remaining 200 shares will reside on the NYSE book, per routing
instructions.
    SCAN/STGY/SPDY. In all of these routing options, after checking the
System for available shares, orders will be sent to various available
market centers for potential execution, as instructed by the entering
firm. For all these options, when checking the System book, the System
will look to execute at the price it would send the order to a
destination market center and, if any shares remain un-executed after
routing, they are posted on the System book and are not sent to another
market for posting.
    Once returned to the System book after routing, an order with the
SCAN designation will not be routed out to an accessible market center
that subsequently locks or crosses the SCAN order. Orders with STGY and
SPDY will be routed to an accessible market center that subsequently
locks or crosses the STGY or SPDY order. While both STGY and SPDY
orders will route to locking or crossing markets, the SPDY order will
be re-priced by the System to match on then being displayed on the same
side of the market by the locking or crossing market center (i.e., a
buy order to the bid and a sell to the offer).
    With the exception of the Minimum Quantity Order type, all time-in-
force parameters and order types may be used with the STGY, SCAN, and
SPDY routing options. Nasdaq states that orders routed by Nasdaq to
another market do not retain time priority with respect to other orders
in the System and Nasdaq continues to execute other orders while the
routed order is away at another market. Nasdaq states that, once
routed, an order becomes subject to the rules and procedures of the
destination market including, but not limited to, short-sale regulation
and order cancellation. Orders routed to a destination market that are
subsequently returned in whole or in part to the System shall have
their time priority based on the time they are returned to the System.
Example of STGY Routable Order
     The current NBBO is $10.00 bid x $10.02 offer, size 200
shares at Chicago
     Nasdaq has a non-display offer of 500 shares at $10.01
     Participant A enters an order into the System to buy 1,000
shares at $10.02
     The System will first check the System book for any
potential orders at $10.02.
     Participant A will execute 500 shares on Nasdaq at $10.01
(the non-display order on the book)

     The System will then route the order to Chicago at $10.02
     200 shares execute at Chicago at $10.02
     300 shares of the order remain unexecuted, and are entered
onto the System book at $10.02.
     5 seconds later PCX enters the market with an offer of
$10.02 for 500 shares.
     The System will cancel the order off the book, and route
300 shares at $10.02 to PCX
     PCX executes 300 shares at $10.02
     Participant A receives an execution for the remaining 300
shares in the order
Example of STGY Routable Order (Crossed Market)
     The current NBBO is $10.01 bid x $10.00 offer
     The System has 500 shares on the offer at $10.00
     PCX has 300 shares on the offer at $10.00
     Participant A enters a Market Pegged Order to buy 1,000
shares
     The System will price the order at $10.00 and IOC the
System book
     Participant A will receive 500 shares at $10.00
     The System will route the remaining shares to PCX
     Participant A will receive 300 shares at $10.00 from PCX
     After attempting to exhaust the quotes, the remaining 200
shares will be posted to the System book at $10.00
Example of SCAN Routable Order
     The current NBBO is $10.00 bid x $10.02 offer, size 200
shares at PCX
     Nasdaq has a non-display offer of 500 shares at $10.01
     Participant A enters an order onto Nasdaq to buy 1,000
shares at $10.02
     The System will first IOC the Nasdaq book for any
potential orders at or better than the limit price
     Participant A will execute 500 shares on Nasdaq at $10.01
(the non-display order on the book)
     The System will route the order off the book with the
remaining shares of the order, 500, to the PCX at $10.02
     200 shares execute at the PCX at $10.02
     300 shares of the order remain unexecuted, and are entered
onto the System book at $10.02
     5 seconds later PCX enters the market with an offer of
$10.02
     The System will not route the order to PCX, but will keep
the order on the System, per Participant A's routing instructions
Example of SPDY Routable Order (Crossed Market)
     The current NBBO is $10.01 bid x $10.00 offer
     Nasdaq has 1,000 shares on the offer at $10.01
     PCX has 300 shares on the offer at $10.00
     Participant A enters a Market Pegged Order to buy 1,000
shares
     After checking the System at $10.00 and finding no orders,
the System will route the 1,000 shares to PCX at $10.00
     Participant A will receive 300 shares at $10.00 from PCX
     The remaining 700 shares will be sent to the System book
at $10.01
     Participant A executes 700 shares at $10.01 on the System
10. Book Processing
    Nasdaq states that the System, like the INET Facility, will have a
single execution algorithm based on price/time priority. Nasdaq states
that new Nasdaq Rule 4757 is identical to current Nasdaq Rule 4955
governing the INET Facility. For each order, among equally-priced or
100 better-priced trading interest, the System executes against
available contra-side displayed share amounts in full, in price/time
priority, before then moving to any non-displayed shares which are
likewise executed in price/time priority.
    Nasdaq believes that the System execution algorithm complies with
the Order Protection and Access Rules, Rules 611 and 610, respectively
of Regulation NMS. With respect to Intermarket Sweep Orders within the
meaning of Rule 600(b )(30) of Regulation NMS, the System will execute
them in price/time priority and the entering Participant will be
responsible for compliance with Rules 610 and 611 of Regulation NMS.
    Below are examples of this algorithm:
Displayed Order
     The current NBBO is $10.00 bid x $10.02 offer
     Participant A enters a display order to buy 1,000 shares
at $10.01
     NBBO is changed to $10.01 x $10.02
     Participant B sees the 1,000 share order at $10.01 and
enters an order to sell 500 shares at $10.01
     The orders match at $10.01, with 500 shares matched
     NBBO remains at $10.01 x $10.02 with the size on the bid
decremented to 500 shares, the amount of shares matched
Limit Order (with Reserve)
     The current NBBO is $10.01 bid x $10.02 offer
     Participant A enters an order to buy 1,000 shares, display
200, at $10.01
     The System bid is $10.01, 200 displayed, 800 non-displayed
     Participant B enters a display buy order for 1,000 shares
at $10.01
     The System bid is $10.01, 1,200 displayed, 800 non-
displayed
     Participant C enters an order to sell 1,500 shares at
$10.01
     Participant C receives executions against orders as
follows:

--Participant A executes 200 shares at $10.01
--Participant B executes 1,000 shares at $10.01 (display order receives
priority over non-display even though non-display order was there
first)
--Participant A executes 300 shares from non-display portion

     Participant C has executed a total of 1,500 shares 103
     Participant B has executed all 1,000 of its shares
     Participant A has 200 shares remaining in its order, and
is now displayed, per original instructions
Routable Order
     The current NBBO is $10.00 bid x $10.02 offer, size 200
shares at PCX
     Nasdaq has a non-display offer of 500 shares at $10.01
     Participant A enters an order into Nasdaq to buy 1,000
shares at $10.02
     The System will first check the System book for any
potential orders at or better than the inside offer
     Participant A will execute 500 shares on Nasdaq at $10.01
(the non-display order on the book)
     500 shares of the order remain unexecuted, and are routed
to PCX at $10.02
     200 shares execute at PCX
     300 shares remain unexecuted and are entered onto the
Nasdaq book at $10.02
    11. Adjustment of Open Orders. Nasdaq has determined that, in the
event of a corporate actions related to a dividend, payment or
distribution by the issuer of a System security, Nasdaq will
automatically purge from the System all open quotes and/or orders on
the ex-date of such actions, except where a cash dividend or
distribution is less than one cent ($0.01). Nasdaq's current approach
to the adjustment of open orders varies depending upon whether: (1) The
trading interest is a quotation, an order to buy, or an order to sell
order; (2) the order is a round lot or odd lot, (3) the security is
listed on Nasdaq, NYSE, or Amex, and (4) the corporate action is a
stock dividend, cash dividend, split, or reverse split. Nasdaq
currently believes that this

function is more appropriately performed by individual Nasdaq members
in consultation with their clients.
    12. Phase-in Plan. Nasdaq currently expects to launch the
Integrated System in time for the implementation of the Order
Protection and Access Rules under Regulation NMS, currently scheduled
for June 29, 2006. Nasdaq states that, ideally, it would implement the
Integrated System in May of 2006, sufficiently far in advance of the
re-constitution of the Russell indices to permit participants to enter
the Nasdaq closing cross with the same confidence and with the same
superior performance they have achieved in the past. Alternatively,
Nasdaq states that it would implement the Integrated System in early
July of 2006 to avoid impacting the reconstitution.
    Nasdaq, having determined that market participants generally prefer
a rapid system roll-out over a protracted one, states that it plans to
make a complete transition within three to four weeks of first
launching the Integrated System, barring unforeseen circumstances.
    13. Pricing. Nasdaq has filed a unified fee and rebate structure
governing the use of the System.
2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of Section 6 of the Act\15\ in general,
and Section 6(b)(5) of the Act\16\ in particular, in that it is it is
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest;
and are not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers, or to regulate by virtue of any authority
conferred by this title matters not related to the purposes of the Act
or the administration of the exchange.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(5). The statutory basis section in
Nasdaq's proposed rule change inadvertently referenced 15 U.S.C.
78f(b)(6) and has been redesignated 15 U.S.C. 78f(b)(5). Telephone
conversation on March 30, 2006 between Jeffrey Davis, Senior
Associate General Counsel, Nasdaq, and David Liu, Attorney Division,
Commission.
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. Nasdaq operates in an intensely
competitive global marketplace for listing, financial products,
transaction services, and market data. Relying on its array of services
and benefits, Nasdaq competes for the privilege of providing market and
listing services to broker-dealers and issuers. Nasdaq states that its
ability to compete in this environment is based in large part on the
quality of its trading systems, the overall quality of its market and
its attractiveness to the largest number of investors, as measured by
speed, likelihood and cost of executions, as well as spreads, fairness,
and transparency.
    With these aspects of competition as a guide, Nasdaq states that it
has designed its current proposal to create the fastest, fairest, most
transparent, most efficient, and least expensive trading venue
available for the trading of equity securities. Nasdaq believes that
the proposed system will fuse the best functional elements from each of
Nasdaq's three separate systems, including the automatic execution
environment and speed of the INET and Brut Facilities, the Opening and
Closing Crosses from the NMC Facility, and the liquidity from all
three. Nasdaq believes that the resulting system will reduce overall
trading costs and increase price competition, both pro-competitive
developments. Nasdaq believes that the resulting system will have the
pro-competitive effect of spurring further initiative and innovation
among market centers and market participants. Nasdsq states that market
participants that disagree and do not view these developments as pro-
competitive, will have the flexibility and choice to use only those
functions that improve their trading or to not use the system at all;
participation in the system in whole or part is completely voluntary.
    Nasdaq is proposing to discontinue some aspects of its current
system that harm Nasdaq's competitiveness, including the order delivery
functionality of the NMC facility. Nasdaq states that the order
delivery functionality harms Nasdaq's competitiveness against other
exchanges and reduces the overall quality of its marketplace for the
average participant. Nasdaq states that, with respect to other markets,
Nasdaq's order delivery function is unique; no other exchange offers
order delivery to its participants. Nasdaq states that providing order
delivery is expensive, complex, and detrimental to system performance,
thereby increasing the cost and complexity of Nasdaq's trading systems
and decreasing its performance vis [agrave] vis Nasdaq's competitors.
Because market participants cannot predict whether their orders will be
delivered (slow) as opposed to automatically executed (fast), Nasdaq
states that order delivery also discourages order flow providers to
send orders to Nasdaq for processing and thereby harms Nasdaq's ability
to compete with other markets operated by self-regulatory organizations
that do not offer order delivery.
    Moreover, Nasdaq believes that, within its own systems, the
presence of order delivery negatively impacts the competition between
market makers, ECNs/ATS, and agency broker-dealers that compete for
retail and institutional order flow. Although Nasdaq will not itself
engage in that competition, Nasdaq views this competition among its
system participants as a major factor in the quality of its market.
Nasdaq states that today, market makers and agency broker-dealers that
are required to participate in Nasdaq via automatic execution view
themselves as disadvantaged relative to ECNs and ATSs that can
participate via either automatic execution or order delivery. Nasdaq
believes that eliminating order delivery functionality will level the
playing field between market participants that compete within Nasdaq's
system thereby increasing the attractiveness of Nasdaq's system to the
largest number of investors and market participants and, in turn,
improving Nasdaq's overall competitiveness as a market.
    Nasdaq states that its ability to innovate and compete by providing
the fastest, fairest, most efficient system possible is particularly
important in light of the adoption of Regulation NMS. Regulation NMS
highlights the importance of speed, accessibility, and efficiency as
well as the risks of delay, isolation and inefficiency. To remain
competitive under Regulation NMS, Nasdaq, and all other market
participants, will be required to continually evaluate their systems
and business models in the manner Nasdaq has done here.

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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days or such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which Nasdaq consents, the Commission will:
    (A) by order approve such proposed rule change, as amended; or
    (B) institute proceedings to determine whether the proposed rule
change, as amended, should be disapproved.

IV. Solicitation of Comments

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

Electronics 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-NASDAQ-2006-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASDAQ-2006-001.
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. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2006-001 and should be submitted on or before May
5, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Nancy M. Morris,
Secretary.
[FR Doc. 06-3341 Filed 4-13-06; 8:45 am]

BILLING CODE 8010-01-M


CCB PLACEMENT AND UTILIZATION JURISDICTIONAL FRAMEWORK AND DIAGRAM This document and related information outlines the state jurisdictional and regulatory framework concerning CCB placement and utilization. A jurisdictional diagram is also attached to the document. The diagram identifies the regulatory authority that is associated with each type of CCB placement or utilization activity.

Active Coal Sites Placement of coal ash for any area on these sites will be regulated under the Federal SMCRA or under a state SMCRA and associated regulations in primacy states. Other state laws or regulations will also regulate or address the placement of coal ash in relationship to ground and surface water degradation or contamination, placement area restrictions, coal ash quality and/ or leaching analysis, monitoring requirements, operational requirements, and other related areas. Any concerns that have been expressed in relationship to RCRA related requirements ( Federal or State) should be covered by SMCRA and/ or other state environmental acts or regulations. State jurisdiction on these sites will most likely be handled primarily by a mining regulatory authority, with joint regulatory oversight or input from other state regulatory authorities dealing with waste, water and air.

Abandoned Mine Lands Placement of coal ash for any area associated with this type of site will more than likely be handled under the state waste regulatory authority, with joint regulatory oversight or input from other state regulatory authorities dealing with water and air. Depending on the state, a mining regulatory authority or one designated to deal with abandoned mine land reclamation, may be designated the lead regulatory authority overseeing the placement work, which is being conducted under an approval or authorization of the state waste regulatory authority. Any placement conducted on this type of site should also meet any RCRA related requirements; as it would be conducted in accordance with those state acts or regulations that address federal RCRA and other related regulatory requirements.

Noncoal Sites Placement of coal ash on these sites would be handled by the state mining regulatory authority, with joint regulatory oversight or input from the state waste regulatory authority. The state water and air regulatory authorities will also have some input on placement at these sites, and they may have some regulatory oversight areas as well. All approvals for placement on these sites should also satisfy RCRA requirements via the state acts or regulations associated with the mining, waste, water and air regulatory authorities. Beneficial Uses Utilization of coal ash for beneficial purposes would be handled by the state waste regulatory authority in most circumstances. However, other state regulatory authorities may permit or approve the utilization via a waste authority approval. Most of the approved beneficial uses should meet all applicable RCRA requirements, and other related federal regulatory requirements, as many of them will be coproduct or product replacement approvals. All beneficial use approvals should also represent a minimal, if any, environmental risk, do to the actual use, the amount of ash utilized, normal pre testing requirements and actual beneficial use guidelines and requirements.

The actual Jurisdictional setup for all scenarios will have to be determined on a state by state basis. The adequacy of each state's programs in relationship to meeting EPA's concerns can also be addressed at that time. In any event, every state should be able to address EPA's concerns by way of existing state act or regulations, and when they don't, a minor modification or addition to those existing acts or regulations, should solve the problem.

MS1 CoalAsh CCB PLACEMENT JURISDICTIONAL DIAGRAM TYPE OF SITE REGULATORY COVERAGE ACTIVE COAL SITES: Federal SMCRA ( with or without abandoned mine lands) State SMCRA and associated regulations ( in primacy approved states) State Clean Streams Act and/ or Regulations State Solid Waste Act and/ or Regulations State Drinking Water Act and/ or Regulations State Air Quality Act and/ or Regulations ABANDONED MINE LANDS: State Clean Streams Act and/ or Regulations ( no active mine permit) State Solid Waste Act and/ or Regulations State Drinking Water Act and/ or Regulations State Air Quality Act and/ or Regulations NONCOAL SITES: State Noncoal SMCRA and associated regulations State Clean Streams Act and/ or Regulations State Solid Waste Act and/ or Regulations State Drinking Water Act and/ or Regulations State Air Quality Act and/ or Regulations BENEFICIAL USES: State Clean Streams Act and/ or Regulations State Solid Waste Act and/ or Regulations State Drinking Water Act and/ or Regulations State Air Quality Act and/ or Regulations


[Federal Register: August 28, 2007 (Volume 72, Number 166)]
[Proposed Rules]
[Page 49243]
[DOCID:fr28au07-43]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0421b; FRL-8452-2]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) emissions from refinery flares and storage tanks at
petroleum facilities. We are proposing to approve local rules to
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by September 27, 2007.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0421b, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the online instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov,

including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through http://www.regulations.gov or e-mail.

http://www.regulations.gov is an ``anonymous access'' system, and EPA will not

know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region

IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at
either<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses SCAQMD Rules 1178--
Further Control of VOC Emissions from Storage Tanks at Petroleum
Facilities and 1118--Control of Emissions from Refinery Flares. In the
Rules and Regulations section of this Federal Register, we are
approving these local rules in a direct final action without prior
proposal because we believe these SIP revisions are not controversial.
However, if we receive adverse comments, we will publish a timely
withdrawal of the direct final rule and address the comments in
subsequent action based on this proposed rule. Please note that if we
receive adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: July 3, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
 [FR Doc. E7-16819 Filed 8-27-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Rules and Regulations]
[Pages 21064-21065]
[FR Doc No: 2013-08172]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0209]

Drawbridge Operation Regulations; York River, between Yorktown
and Gloucester Point, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the draw of the US 17/George P. Coleman
Memorial Swing Bridge across the York River, at mile 7.0, between
Gloucester Point and Yorktown, VA. This deviation is necessary to
facilitate maintenance on the George P. Coleman Memorial Swing Bridge.
This temporary deviation allows the drawbridge to remain in the closed-
to-navigation position on specific dates and times.

DATES: This deviation is effective from 7 a.m. on April 21, 2013, until
5 p.m. April 28, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0209] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6557, email<EMAIL_ADDRESS>If you have questions on
reviewing the docket, call Barbara Hairston, Program Manager, Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation,
who owns and operates this swing bridge, has requested a temporary
deviation from the current operating regulations set out in 33 CFR
117.1025, to facilitate maintenance on the structure.
    Under the regular operating schedule, the Coleman Memorial Bridge,
at mile 7.0, between Gloucester Point and Yorktown, VA opens on signal
except from 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m. Monday through
Friday, except Federal holidays the bridge shall remain closed to
navigation. The Coleman Memorial Bridge has vertical clearances in the
closed position of 60 feet above mean high water.
    Under this temporary deviation, the drawbridge will be closed to
navigation from 7 a.m. on April 21, 2013 to 5 p.m. on Sunday April 21,
2013; with an inclement weather date from 7 a.m. on April 28, 2013 to 5
p.m. on Sunday April 28, 2013. Emergency openings cannot be provided.
There are no alternate routes for vessels transiting this section of
the York River. In the event repairs are completed during the first
weekend of closure, the bridge will return to its regular schedule
during the second weekend.
    The York River is used by a variety of vessels including military,
tugs, and recreational vessels. The Coast Guard has carefully
coordinated the restrictions with military, commercial,

and recreational waterway users. The Coast Guard will inform all users
of the waterway through our Local and Broadcast Notice to Mariners of
the closure periods for the bridge so that vessels can arrange their
transits to minimize any impacts caused by the temporary deviation.
Mariners able to pass under the bridge in the closed position may do so
at any time. Mariners are advised to proceed with caution.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 27, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-08172 Filed 4-8-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Proposed Rules]
[Pages 54257-54258]
[FR Doc No: 2015-22714]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2015-0032; FRL-9933-26]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces EPA's receipt of several initial
filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before October 9, 2015.

ADDRESSES: Submit your comments, identified by the Docket
Identification (ID) Number and the Pesticide Petition Number (PP) of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Director,
Biopesticides and Pollution Prevention Division (BPPD) (7511P), main
telephone number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
or Susan Lewis, Director, Registration Division (RD) (7505P), main
telephone number:<PHONE_NUMBER>, email address<EMAIL_ADDRESS>
The mailing address for each contact person is: Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code. The division to contact
is listed at the end of each pesticide petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help

address potential environmental justice issues, EPA seeks information
on any groups or segments of the population who, as a result of their
location, cultural practices, or other factors, may have atypical or
disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticides discussed in this
document, compared to the general population.

II. What action is EPA taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. EPA is taking public
comment on the requests before responding to the petitioners. EPA is
not proposing any particular action at this time. EPA has determined
that the pesticide petitions described in this document contain the
data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C.
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data support granting of the
pesticide petitions. After considering the public comments, EPA intends
to evaluate whether and what action may be warranted. Additional data
may be needed before EPA can make a final determination on these
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.

New Tolerances

    1. PP 5E8377. (EPA-HQ-OPP-2015-0558). Interregional Research
Project Number 4 (IR-4), Rutgers University, 500 College Rd. East,
Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in
40 CFR 180.523 for residues of the molluscicide metaldehyde, 2,4,6,8-
tetramethyl-1,3,5,7-tetroxocane, in or on the following raw
agricultural commodities: Wheat forage at 0.05 parts per million (ppm);
wheat, grain at 0.05 ppm; wheat, hay at 0.05 ppm; wheat, straw at 0.05
ppm; beet, garden, roots at 0.05 ppm; beet, garden, tops at 0.08 ppm;
rutabaga, roots at 0.05 ppm; turnip, roots at 0.05 ppm; turnip greens
(tops) at 0.08 ppm; and hop, dried cones at 0.05 ppm. A gas
chromatography-mass spectrometry (GC/MS) analytical method for
enforcement has been developed for analyzing residues of metaldehyde in
food crops, including all of the crops identified above. The limit of
quantitation (LOQ) for the method is 0.05 ppm. Contact: RD.
    2. PP 5F8368. (EPA-HQ-OPP-2015-0554). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish
tolerances in 40 CFR 180.242 for residues of the fungicide
thiabendazole in or on legume vegetables (succulent or dried), crop
group 6 at 0.01 ppm; foliage of legume vegetables, crop group 7, except
pea, field, hay and vines at 0.01 ppm; pea, field, hay at 0.15 ppm; and
pea, field, vines at 0.03 ppm. There are acceptable analytical methods
for tolerance enforcement that include four spectrophotofluorometric
methods for the determination of thiabendazole per se in or on plant
commodities and one spectrophotofluorometric method (Method D) for
determining residues of thiabendazole and 5-hydroxythiabendazole in
milk. Contact: RD.

Amended Tolerances

    1. PP 5F8364. (EPA-HQ-OPP-2015-0382). Arysta LifeScience North
America Corp., 15401 Weston Pkwy., Suite 150, Cary, NC 27513, requests
to amend the tolerance in 40 CFR 180.599 for residues of the
insecticide acequinocyl in or on hop, dried cones from 4.0 ppm to 15.0
ppm. The analytical method to quantitate residues of acequinocyl and
acequinocyl-OH in/on fruit crops utilizes high pressure liquid
chromatography (HPLC) using mass spectrometric (MS/MS) detection.
Contact: RD.
    2. PP 5F8368. (EPA-HQ-OPP-2015-0554). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to amend the
tolerances in 40 CFR 180.242 for residues of the fungicide
thiabendazole by removing the tolerances in or on bean, dry, seed at
0.1 ppm; and soybean at 0.1 ppm. There are acceptable analytical
methods for tolerance enforcement that include four
spectrophotofluorometric methods for the determination of thiabendazole
per se in or on plant commodities and one spectrophotofluorometric
method (Method D) for determining residues of thiabendazole and 5-
hydroxythiabendazole in milk. Contact: RD.

New Tolerance Exemptions

    1. PP 5F8361. (EPA-HQ-OPP-2015-0488). MacIntosh and Associates,
Inc., 1203 Hartford Ave., St. Paul, MN 55116-1622 (on behalf of
AgBiTech Pty Ltd, 8 Rocla Ct., Glenvale, Queensland 4350, Australia),
requests to establish an exemption from the requirement of a tolerance
in 40 CFR part 180 for residues of the microbial insecticide Spodoptera
frugiperda Multiple Nucleopolyhedrovirus--3AP2 in or on food crops. The
petitioner believes no analytical method is needed because the
petitioner is requesting an exemption from tolerance. Contact: BPPD.
    2. PP IN-10782. (EPA-HQ-OPP-2015-0524). Spring Trading Co., 10805
W. Timberwagon Cir., Spring, TX 77380 (on behalf of BASF Corp., 100
Campus Dr., Florham Park, NJ 07932), requests to establish an exemption
from the requirement of a tolerance for residues of propanamide, 2-
hydroxy-N, N-dimethyl- (CAS Reg. No. 35123-06-9) when used as an inert
ingredient (solvent, cosolvent) in pesticide formulations applied to
growing crops or to raw agricultural commodities after harvest under 40
CFR 180.910 and applied to animals under 40 CFR 180.930. The petitioner
believes no analytical method is needed because it is not required for
an exemption from the requirement of a tolerance. Contact: RD.

Amended Tolerance Exemption

    1. PP 5G8375. (EPA-HQ-OPP-2014-0457). J.R. Simplot Co., 5369 W.
Irving St., Boise, ID 83706, requests to amend an exemption from the
requirement of a tolerance in 40 CFR 174.534 for residues of the plant-
incorporated protectant (PIP) Potato Late Blight Resistance Gene (also
known as Rpi-vnt1) in or on potato. The petitioner believes no
analytical method is needed because the petitioner is seeking a
temporary exemption from the requirement of a tolerance. Contact: BPPD.

    Authority:  21 U.S.C. 346a.

    Dated: August 27, 2015.
John E. Leahy, Jr.,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2015-22714 Filed 9-8-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12730-12731]
[FR Doc No: 2016-05466]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0688; FRL-9941-91]

Agency Information Collection Activities; Proposed Collection;
Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Recordkeeping and Reporting Requirements for
Allegations of Significant Adverse Reactions to Human Health or the
Environment'' and identified by EPA ICR No. 1031.11 and OMB Control No.
2070-0017, represents the renewal of an existing ICR that is scheduled
to expire on September 30, 2016. Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection that is summarized in this
document. The ICR and accompanying material are available in the docket
for public review and comment.

DATES: Comments must be received on or before May 9, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2015-0688, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Mike Mattheisen, Chemical
Control Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Recordkeeping and Reporting Requirements for Allegations of
Significant Adverse Reactions to Human Health or the Environment.
    ICR number: EPA ICR No. 1031.11.
    OMB control number: OMB Control No. 2070-0017.
    ICR status: This ICR is currently scheduled to expire on September
30, 2016. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: TSCA section 8(c) requires companies that manufacture,
process, or distribute chemicals to maintain records of significant
adverse reactions to health or the environment alleged to have been
caused by such chemicals. Since section 8(c) includes no automatic
reporting provision, EPA can obtain and use the information contained
in company files only by inspecting those files or requiring reporting
of records that relate to specific substances of concern. Therefore,
under certain conditions, and using the provisions found in 40 CFR part
717, EPA may require companies to report such allegations to the
Agency.
    EPA uses such information on a case-specific basis to corroborate
suspected adverse health or environmental effects of chemicals already
under review by

EPA. The information is also useful to identify trends of adverse
effects across the industry that may not be apparent to any one
chemical company. This ICR addresses the information reporting and
recordkeeping requirements found in 40 CFR part 717.
    Responses to the collection of information are mandatory (see 40
CFR part 717). Respondents may claim all or part of a notice as CBI.
EPA will disclose information that is covered by a CBI claim only to
the extent permitted by, and in accordance with, the procedures in 40
CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.36
hours per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/Affected Entities: Entities potentially affected by
this ICR are companies that manufacture, process, import, or distribute
in commerce chemical substances or mixtures.
    Estimated total number of potential respondents: 13,160.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
1.4.
    Estimated total annual burden hours: 25,527 hours.
    Estimated total annual costs: $1,911,471. This includes an
estimated burden cost of $1,911,471 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There is a decrease of 1,451 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This decrease reflects EPA's estimate of a fewer
number of potential respondents affected by the reporting requirement.
This change is an adjustment.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: March 4, 2016.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2016-05466 Filed 3-9-16; 8:45 am]
 BILLING CODE 6560-50-P