[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Pages 6325-6326]
[FR Doc No: 2021-01205]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10017-40-ORD]

Human Studies Review Board; Notification of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA), Office of Research
and Development announces the 2021 public meetings dates of the Human
Studies Review Board (HSRB) to advise the Agency on the ethical and
scientific review of research involving human subjects. Due to
unforeseen circumstances, EPA is announcing this meeting with less than
15 calendar days' notice.

DATES: Four three-day virtual public meetings will be held on:
    1. January 26-28, 2021;
    2. April 20-22, 2021;
    3. July 20-22, 2021; and
    4. October 19-21, 2021.
    Meetings will be held each day from 1 p.m. to 5:30 p.m. Eastern
Time. Separate, subsequent teleconference meetings are planned for the
HSRB to finalize its Reports of the three-day meetings that proceed
these dates on March 18, 2021; June 17, 2021; September 16, 2021; and
December 14, 2021; all from 2 p.m. to approximately 3:30 p.m. Eastern
Time.

ADDRESSES: These meetings are open to the public and will be conducted
entirely virtually and by telephone. For detailed access information
and meeting materials please visit the HSRB website: https://www.epa.gov/osa/human-studies-review-board.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to
receive further information should contact the HSRB Designated Federal
Official (DFO), Thomas O'Farrell at the following telephone number:
(202) 564-8451 or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act 5 U.S.C. App.2 section 9. The
HSRB provides advice, information, and recommendations on issues
related to scientific and ethical aspects of third-party human subjects
research that are submitted to the Office of Pesticide Programs (OPP)
to be used for regulatory purposes.
    Meeting access: These meetings will be open to the public. The full
agenda with access information and meeting materials will be available
seven calendar days prior to the start of each meeting at the HSRB
website: https://www.epa.gov/osa/human-studies-review-board.
    For questions on document availability, or if you do not have
access to the internet, consult with the DFO, Thomas O'Farrell, listed
under FOR FURTHER INFORMATION CONTACT.
    Special Accommodations. For information on access or services for
individuals with disabilities, or to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to each meeting to give EPA as much time
as possible to process your request.

How may I participate in this meeting?

    The HSRB encourages the public's input. You may participate in
these meetings by following the instructions in this section.
    1. Oral comments. To pre-register to make oral comments, please
contact the DFO, Thomas O'Farrell, listed under FOR FURTHER INFORMATION
CONTACT. Requests to present oral comments during the meetings will be
accepted up to Noon Eastern Time, seven calendar days prior to each
meeting date. To the extent that time permits, interested persons who
have not pre-registered may be permitted by the HSRB Chair to present
oral comments during the meetings at the designated time on the agenda.
Oral comments before the HSRB are generally limited to five minutes per
individual or organization. If additional time is available, further
public comments may be possible.
    2. Written comments. For the Board to have the best opportunity to
review and consider your comments as it

deliberates, you should submit your comments prior to the meetings via
email by Noon Eastern Time, seven calendar days prior to each meeting
date. If you submit comments after these dates, those comments will be
provided to the HSRB members, but you should recognize that the HSRB
members may not have adequate time to consider your comments prior to
their discussion. You should submit your comments to the DFO, Thomas
O'Farrell listed under FOR FURTHER INFORMATION CONTACT. There is no
limit on the length of written comments for consideration by the HSRB.
    Topics for discussion. The agenda and meeting materials will be
available seven calendar days in advance of each meeting at https://www.epa.gov/osa/human-studies-review-board.
    Meeting minutes and final reports. Minutes of these meetings,
summarizing the topics discussed and recommendations made by the HSRB,
will be released within 90 calendar days of each meeting. These minutes
will be available at https://www.epa.gov/osa/human-studies-review-board. In addition, information regarding the HSRB's Final Reports,
will be found at https://www.epa.gov/osa/human-studies-review-board or
can be requested from Thomas O'Farrell listed under FOR FURTHER
INFORMATION CONTACT.

Jennifer Orme-Zavaleta,
EPA Science Advisor.
[FR Doc. 2021-01205 Filed 1-19-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Page 15056]
[FR Doc No: 2017-05905]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9959-65-Region 2]

Proposed CERCLA Section 122(h) Cost Recovery Settlement for the
Metro Leather Superfund Site, City of Gloversville, Fulton County, New
York; Request for Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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DATES: Comments must be submitted on or before April 24, 2017.

ADDRESSES: The proposed settlement is available for public inspection
at EPA Region 2 offices at 290 Broadway, New York, New York 10007-1866.
Comments should reference the Metro Leather Superfund Site, City of
Gloversville, Fulton County, New York, Index No. II-CERCLA-02-2016-
2019. To request a copy of the proposed settlement agreement, please
contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Gregory Wall, Attorney-Advisor,
Regional Support Division, Office of Site Remediation Enforcement, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Mail
Code 2272A, Washington, DC 20460. Email<EMAIL_ADDRESS>
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In accordance with Section 122(i) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby
given by the U.S. Environmental Protection Agency (``EPA''), Region 2,
of a proposed cost recovery settlement agreement pursuant to Section
122(h) of CERCLA, 42 U.S.C. 9622(h), with Genesco Inc. (``Genesco'')
for the Metro Leather Superfund Site (``Site''), located in the City of
Gloversville, Fulton County, New York. Genesco agrees to pay EPA $1.5
million in reimbursement of EPA's past response costs paid at or in
connection with the Site.
    The settlement includes a covenant by EPA not to sue or to take
administrative action against Genesco pursuant to Section 107(a) of
CERCLA, 42 U.S.C. 9607(a), with regard to the response costs related to
the work at the Site enumerated in the settlement agreement. For thirty
(30) days following the date of publication of this notice, EPA will
receive written comments relating to the settlement. EPA will consider
all comments received and may modify or withdraw its consent to the
settlement if comments received disclose facts or considerations that
indicate that the proposed settlement is inappropriate, improper, or
inadequate. EPA's response to any comments received will be available
for public inspection at EPA Region 2, 290 Broadway, New York, New York
10007-1866.

    Dated: February 8, 2017.
John Prince,
Acting Director, Emergency and Remedial Response Division, U.S.
Environmental Protection Agency, Region 2.
[FR Doc. 2017-05905 Filed 3-23-17; 8:45 am]
BILLING CODE 6560-50-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for Hospital/ Medical/ Infectious Waste Incinerators ( HMIWI), 40 CFR part 60, subpart Ec, were promulgated on September 15, 1997. These standards apply to HMIWIs for which construction commenced after June 20, 1996, or for which modification commenced after the effective date of the NSPS. Reporting and recordkeeping requirements differ for HMIWI burning hospital waste and/ or medical/ infectious waste; for combustors co firing hospital waste and/ or medical/ infectious waste with other fuels; and for incinerators burning only pathological, low level radioactive, and/ or chemotherapeutic waste. For this reason, reporting and recordkeeping requirements are described separately for HMIWI burning hospital waste and/ or medical/ infectious waste and for co fired combustors and incinerators burning only pathological, low level radioactive, and/ or chemotherapeutic waste. This information is being collected to determine compliance with 40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A   General Provisions.

The Emission Guidelines ( EG) and Compliance Times for HMIWIs, 40 CFR part 60, subpart Ce, were promulgated on September 15, 1997. These standards apply to existing HMIWIs for which construction commenced on or before June 20, 1996. The reporting and recordkeeping requirements for existing HMIWIs regulated by 40 CFR Part 60, Subpart Ce are covered in Information Collection 1899 and Office of Management and Budget ( OMB) Control Number 2060 0422. HMIWIs built after June 20, 1996, are not subject to the subpart Ce guidelines; they are considered new sources and are subject to the standard.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance and are required of all sources subject to the standard. The owners or operators must also submit annual and semiannual reports.

Any owner or operator subject to the provisions of this part will maintain a file of these measurements, and retain the file for at least five years following the date of such occurrence, measurements, maintenance, corrective action, reports or records. All reports are sent to the 2 delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office.

Approximately seven sources are currently subject to the standard, and it is estimated that an additional one source per year will become subject to the regulation in the next three years. It is further assumed that one additional source per year will become subject to the standard due to the reconstruction of an existing affected facility for an average of seven sources over the next three years. There are approximately one hundred operating hospital/ medical/ infectious waste incinerators in the United States. Of these, only seven facilities built after June 20, 1996, are considered new sources and are subject to NSPS subpart Ec. The average annual cost to industry over the next three years of this Information Collection Request ( ICR) is estimated at $ 305,929.

The previous ICR had the following Terms of Clearance ( TOC):

This ICR is approved for three years. When EPA resubmits the ICR for renewal the agency should include a copy of the analysis of affected facilities, which it conducted in 2000.

EPA addressed the item of concern in the TOC as requested by OMB, and supplied the information provided by the previous preparer. The three tables, numbered 5, 7, and 8, that the previous preparer forwarded were used as the analysis of affected facilities in preparing the previous ICR. These can be found attached to the back of this supporting statement and are: Table 5  Compliance and Enforcement History for Dioxins and Mercury Emissions from Municipal Waste Combustors Subject to State Implementation Plans; Table 7  Negative Declaration for Hospital/ Medical/ Infectious Waste Incinerators; and Table 8  States Subject to the Federal Plan for Hospital/ Medical/ Infectious Waste Incinerators.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). 3 Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In addition, Section 114( a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

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

In the Administrator's judgment, dioxins/ furans, particulate matter, carbon monoxide, lead, cadmium, hydrochloric acid, sulfur dioxide, nitrogen oxides, and mercury emissions from HMIWIs cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart Ec.

2( b) Practical Utility/ Users of the Data The control of emissions of pollutant from dioxins/ furans ( CDD/ CDF), particulate matter ( PM), carbon monoxide ( CO), lead ( Pb), cadmium ( Cd), hydrochloric acid ( HCI), sulfur dioxide ( SO 2), nitrogen oxides ( NO x), and mercury ( Hg) requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of CDD/ CDF, PM, CO, Pb, Cd, HCI, SO 2, NO x, and Hg from HMIWIs are the result of the operation of the affected facilities. The subject standards are achieved by the reduction of pollutant emissions using control technology and/ or leak detection and repair procedures.

The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and/ or leaks are being detected and repaired and the regulations are being met. Performance test reports are needed as these are the Agency's records of a source's initial capability to comply with the emission standards, and serve as a record of the operating conditions under which compliance was achieved. Operating conditions monitored include the highest maximum and lowest minimum operating parameters and exceedances of emission rates or operating parameters. 4 The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. Annual reports are also required, this will include: 1) site specific operating parameters; 2) highest and lowest operating parameters; 3) time performance tests were conducted and the test results; 4) statement of no exceedances occurring during the reporting period; and 5) any uses of a bypass stack, the duration, reason for malfunction, and corrective action taken. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities that are affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart Ec.

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

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( FR citation, e. g., 69 FR 29718) on May 25, 2004. No comments were received on the burden published in the Federal Register.

3( c) Consultations For the information collection, we referenced the most recent ICR, and accessed the most recent data available on the Air Facility System ( AFS) database as maintained by the Office of Compliance. We reviewed information available from the United States Census Bureau, and other websites covering HMIWIs. We also consulted with the preparer of the previous ICR, the EPA's Office of Air Quality Planning and Standards, Information Transfer, the Program Integration Division, and Mr. Alan Lewis, Wheelabrator Falls Incorporated, ( 215) 736 1760.

3( d) Effects of Less Frequent Collection 5 Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping is a useful technique to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

Affected entities must retain reports and records for five years under 40 CFR part 60, subpart Ec and 40 CFR part 60, subpart A  General Provisions.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are hospital/ medical/ infectious waste incinerators. The United States Standard Industrial Classification ( SIC) code for the respondents affected by the standards, which corresponds to the North American Industry Classification System ( NAICS) codes, are listed below for source category description.

Standard ( 40 CFR Part 60, Subpart Ec) SIC Codes NAICS Codes General Medical and Surgical Hospitals 8062 and 8069 622110 Psychiatric and Substance Abuse Hospitals 8063 and 8069 622210 6 Continuing Care Retirement Communities 8051, 8052 and 8059 623311 Nursing Care Facilities 8051, 8052 and 8059 623110 Residential Mental Retardation Facilities 8051, 8052 and 8059 623210 Specialty ( except Psychiatric and Substance Abuse) Hospitals 8069 622310 Research and Development in the Physical, Engineering, and Life Sciences 8731 541710 Hazardous Waste Treatment and Disposal 4953 562211 Materials Recovery Facilities 4953 562920 Other Nonhazardous Waste Treatment and Disposal 4953 562219 Solid Waste Combustors and Incinerators 4953 562213 Solid Waste Landfill 4953 562212 Veterinary Services 0741 and 0742 541940 4( b) Information Requested None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR part 1320, section 1320.5.

( i) Data Items All data in this ICR that are recorded and/ or reported are required by New Source Performance Standards for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec).

A source must make the following reports:

Notification Reports Standard Citation by Section Statement of intent to construct/ modify 60.58c( a)( 1)( i)

Notification and application of construction or modification 60.58c( a) and 60.7( a)

Notification of actual startup 60.7( a)

Notification of type( s) of waste to be combusted 60.58c( a)( 2)( i) 7 Notification of HMIWI capacity 60.58c( a)( 2)( ii)

Documents produced as a result of the siting requirements 60.58c( a)( 1)( iii) and 60.54c( c)

Waste reduction plan 60.58c( a)( 2)( i)

Notification of initial performance tests ( PM, stack opacity, fugitive ash emissions, CDD/ CDF, HCI, CD, Pb, Hg) 60.58c( c)( 1) and 60.8( d)

Notification of site specific operating parameters or changes 60.58c( c)( 2) and 60.7( a)

Notification of initial performance tests ( PM, stack opacity, fugitive ash emissions, CDD/ CDF, HCI, Cd, Pb, Hg) 60.58c( c)( 1) and 60.8( a)

Report of site specific operating parameters. 60.58c( d)( 1)

Report of annual and semiannual emissions or operating parameter exceedances, malfunctions, and periods for which data on emissions/ operating parameters were not obtained. 60.58c( d), 60.58c( e) and 60.7( c)

Report of no excess emissions. 60.58c( d)( 7) and 60.7( c)

Petition for site specific operating permits ( if applicable). 60.58c( a)( iii)

Report of exceedances. 60.58c( b)( 5)

Report of performance test. 60.58c( d)( 6)

A source must keep the following records:

Recordkeeping Retention of records for five years 60.58c( b)

Records of startup, shutdown, or malfunction 60.7( b)

Documentation produced as a result of siting requirements 60.58c( b)( 7)

Records of persons completing review of HMIWI operating manual 60.58c( b)( 8)

Records of operators completing operator training course and qualification requirements 60.58c( b)( 9), and 60.58c( b)( 10)

Records of annual testing of fugitives ash emissions 60.58c( b)( 2)( ii) 8 Recordkeeping Records of process and control device operating parameters 60.58c( b)( 2)( xv) and 60.8( f)

Records of emissions or operating parameter exceedances and periods for which data on emissions/ operating parameters were not obtained 60.58c( b)( 3) and 60.8( f)

Records of initial, annual, and subsequent performance tests 60.58c( b)( 6) and 60.8( f)

Records of calibration of any monitoring devices 60.58c( b)( 11)

Records of types and amounts of materials charged for co fired combustors and for incinerators burning only pathological, low level radioactive, and/ or chemotherapeutical waste 60.50c( c)

Electronic Reporting Currently, sources are using monitoring equipment that provides automated parameter data, e. g., gases which contain particulate matter. Although personnel at the affected facility must evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory agencies are setting up electronic reporting systems to allow sources to report electronically which is reducing the reporting burden. However, electronic reporting systems are still not widely used by the regulatory agencies. It is estimated that approximately 15 percent of the respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate continuous monitoring systems ( CMS) or continuous emission monitoring systems for measuring and recording the missions of pollutants from an affected facility.

Perform initial performance test, Reference Method 1, 3, 3A, 3B, 9, 10, 10B, 22, 23 26, 26A, 29, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Develop site specific operating parameters. 9 Respondent Activities Develop waste reduction plan.

Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

Currently, sources are using automated monitoring equipment that provides parameter data. Although personnel at the source still need to evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS).

5( b) Collection Methodology and Management 10 Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

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

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

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

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec).

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for each of the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burdens under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection 11 are mandatory.

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

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 4,795 ( Total Labor Hours from Table 1). These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs ( i) Estimating Labor Costs This ICR uses the following labor rates:

Managerial $ 95.32 ($ 45.39 + 110%) Technical $ 64.60 ($ 30.76 + 110%) Clerical $ 40.09 ($ 19.09 + 110%) These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110 percent to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The types of industry cost associated with the information collection activities in the subject standard( s) are both labor costs which are addressed elsewhere in this ICR and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor( s) and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A) Continuous Monitoring Device ( B) Capital/ Startup Cost for One Respondent ( C) Number of New Respondents ( D) Total Capital/ Startup Cost ( B X C) ( E) Annual O& M Costs for One Respondent ( F) Number of Respondents with O& M ( G) Total O& M, ( E X F) 12 Capital/ Startup vs. Operation and Maintenance ( O& M) Costs CMS $ 2,377 1 $ 2,377 $ 2,800 7 $ 19,600 The total capital/ startup costs for this ICR are $ 2,000 ( rounded). This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 20,000 ( rounded). This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance cost to industry over the next three years of the ICR is estimated to be $ 22,000. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars.

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

The average annual Agency cost during the three years of the ICR is estimated to be $ 20,031.

This cost is based on the average hourly labor rate as follows: Managerial $ 54.66 ( GS 13, Step 5, $ 34.16 x 1.6) Technical $ 40.56 ( GS 12, Step 1, $ 25.35 x 1.6) Clerical $ 21.95 ( GS 6, Step 3, $ 13.72 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. Details upon which this estimate is based appear in Table 2: Average Annual EPA Burden  NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec).

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately seven existing sources are currently subject to the standard. It is estimated that an additional one source per year will become subject to the standard in the next three years. 13 Number of respondents is calculated using the following table which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports Year ( A) Number of New Respondents 1 ( B) Number of Existing Respondents ( C) Number of Existing Respondents That Keep Records but Do Not Submit Reports ( D) Number of Existing Respondents That Are Also New Respondents ( E) Number of Respondents ( E= A+ B+ CD

1 2 5 0 1 6 2 2 6 0 1 7 3 2 7 0 1 8 Average 2 6 0 1 7 1 New respondents include sources with constructed, reconstructed and modified affected facilities. In this standard existing respondents submit initial notifications.

To avoid double counting respondents, column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is seven. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

Number of respondents is calculated using the following table which addresses each of the three years covered by this ICR.

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

Total Annual Responses ( A) Information Collection Activity ( B) Number of Respondents ( C) Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification of intent to construct 1 1 N/ A 1 Notification of actual startup 1 1 N/ A 1 Notification of waste to be combusted 1 1 N/ A 1 Notification of HMIWI capacity 1 1 N/ A 1 14 Total Annual Responses Notification of initial performance test 1 1 N/ A 1 Notification of initial CMS demonstration 1 1 N/ A 1 Initial report for the site selection analysis 1 1 N/ A 1 Waste reduction plan 1 1 N/ A 1 Report of initial performance test 1 1 N/ A 1 CMS operating parameters 1 6 N/ A 6 Results of annual performance tests 1 6 N/ A 6 Annual and semiannual reports 6 2 N/ A 12 Total 33 The number of Total Annual Responses is 33. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 305,929. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NSPS for Hospital/ medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec).

The total annual capital/ startup and O& M costs to the regulated entities are $ 22,000. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The cost calculations are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

( i) Respondent Tally The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 305,929. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec). Furthermore, the annual public reporting and recordkeeping burden for this collection of information are estimated to average 145 hours per response.

The total annual capital/ startup and O& M costs to the regulated entity are $ 22,000. This 15 number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The cost calculations are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

( ii) The Agency Tally The average annual Agency burden and cost over next three years are estimated to be 486 labor hours at a cost of $ 20,031. See Table 2: Annual Agency Burden and Cost, NSPS for Hospital / Medical/ Infectious Waste Incinerators ( 40 CFR Part 60, Subpart Ec).

6( f) Reasons for Change in Burden The increase in burdens from the most recently approved ICR is due to an increase of one new source per year, by averaging the number of respondents over the three year period for the ICR. In addition, a revised hourly labor rate from the United States Department of Labor partly contributed to the increase in burdens from the active ICR.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information are estimated to average 145 hours per response. Burdens means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing a respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2004 0015, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, N. W., Washington, D. C. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is 16 ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, N. W., Washington, D. C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2004 0015 and OMB Control Number 2060 0363 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 17 Table 1: Annual Respondent Burden and Cost  NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60,

subpart Ec) Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost per year b 1. Applications N/ A 2. Survey and Studies N/ A 3. Reporting requirements Non pathological HMIWI A. Read Instructions 1 1 1 1 1 0.05 0.1 $ 73.38 B. Required Activities Initial Performance Test c for CMS 13 1 13 1 13 0.65 1.3 $ 953.94 Repeat Performance Test CMS c 13 1 13 0.2d 2.6 0.13 0.26 $ 190.77 Development of operating information e 160 1 160 1 160 8 16 $ 11,740.00 Annual update of operating information f 20 1 20 6g 120 6 12 $ 8,805.00 Review of operating information with each operator h 8 2 16 7a 112 5.6 11.2 $ 8,218.00 C. Create Information Included in 3B 18 Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost per year b D. Gather Existing information Included in3B E. Write report Non pathological HMIWI Notification of intent to construct 2 1 2 1 2 0.1 0.2 $ 146.75 Notification of actual startup 2 1 2 1 2 0.1 0.2 $ 146.75 Notification of waste to be combusted 2 1 2 1 2 0.1 0.2 $ 146.75 Notification of HMIWI Capacity 2 1 2 1 2 0.1 0.2 $ 146.75 Notification of initial performance test 2 1 2 1 2 0.1 0.2 $ 146.75 Notification of initial CMS demonstration 2 1 2 1 2 0.1 0.2 $ 146.75 Initial report for the site selection analysis i 460 1 460 1 460 23 46 $ 33,752.50 Waste reduction plan j 160 1 160 1 160 8 16 $ 11,740.00 Report of initial performance test k 40 1 40 1 40 2 4 $ 2,935.00 19 Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost per year b Report of initial CMS demonstration Included in 3B CMS operating parameters 26 1 26 6g 156 7.8 15.6 $ 11,446.50 Results of annual performance tests 40 1 40 6g 240 12 24 $ 17,610.00 Semiannual reports 48 1n 48 6m 288 14.4 28.8 $ 21,132.00 Annual Reports 24 1n 24 6 144 7.2 14.4 $ 10,566.00 Pathological and co fired combustors Notification of relative amounts of hospital,

medical/ infectious, and other waste charged 2 1 2 6 o 12 0.6 1.2 $ 880.50 Notification of exemption claim 2 1 2 6 o 12 0.6 1.2 $ 880.50 F. Time to enter information ( Non pathological HMIWI)

Records of startup,

shutdown or malfunction 2 52 104 7a 728 36.4 72.8 $ 53,417.00 Records of persons completing review 2 2 4 7 a 28 1.4 2.8 $ 2,054.00 20 Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost per year b Records of annual testing fugitive emissions Included in3E Records of process and control device 1.5 52 78 7a 546 27.3 54.6 $ 40,062.75 Records of CMS operations and maintenance 0.2 272q 54.4 7a 380.8 19.04 38.08 $ 27,941.20 Records of emissions exceedances 1.5 52 78 7a 546 27.3 54.6 $ 40,062.75 Records of annual compliance tests Included in3E 5. Recordkeeping Requirements A. Read instructions Included in3A B. Plan activities N/ A C. Implement activities N/ A D. Develop record system N/ A E. Time to enter information Non pathological HMIWI 21 Burden item ( A) Technical Personhours per occurrence ( B)

No. of occurrences per respondent per year ( C) Technical Personhours per respondent per year ( C= AxB) ( D) Respondents per year a ( E) Technical personhours per year ( E= CxD) ( F) Managemen t personhours per year ( Ex0.05) ( G) Clerical personhours per year ( Ex0.1) ( H)

Total Cost per year b Documents produced as a result of siting requirements Included in 3E Records of operators training completion 2 2h 4 1 4 0.2 0.4 $ 293.50 Records of HMIWI qualified operators 2 2h 4 1 4 0.2 0.4 $ 293.50 Records of initial performance test Included in 3E F. Time to train personnel N/ A G. Time for audits N/ A Subtotal Labor Burden 4,169.4 208.47 416.94 $ 305,929.29 TOTAL LABOR BURDEN AND COST ( rounded) 4,795 $ 305,929 Assumptions:

a We have assumed that are approximately seven sources are subject to the standard. We have further assumed that one new source per year will be equipped with wet/ dry scrubbers from the date of renewal.

b This ICR uses the following labor rates: $ 95.32 per hour for Executive, Administrative, and Managerial labor; $ 64.60 per hour for Technical labor, and $ 40.09 per hour for Clerical labor. These rates are from the United States Department of Labor, Bureau of Labor Statistics, December 2003, " Table 10. Private industry,

by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

c We have assumed that it will take thirteen hours to perform a CMS performance test.

d We have assumed that 20 percent of initial performance tests must be repeated due to failure. 22 e Assume it will take 160 hours to develop the operating information.

f Assume it will take 20 hours to update the operating information each year.

g This activity will not be performed for the first year of a new source.

h Assume it will require two operators at each facility.

i Assume it will take 460 hours to develop the site selection analysis.

j Assume it will take 160 hours to develop a waste reduction plan.

k Assume it will take 40 hours to review report of initial performance test.

l Assume it will take 48 hours to report. Testing and monitoring requirements focuses primarily on three pollutants, particulate matter ( PM), carbon monoxide ( CO), and hydrochloric acid ( HCI).

m Respondents must submit semiannual reports ( See Footnote n).

n Since the semiannual report coincides once a year with the annual report and both reports include information on exceedances and periods of which data were not obtained, the frequency of the semiannual report is shown in the tables as only once per year instead of twice a year to avoid double counting.

o Assume that an additional six sources ( pathological and co fired combustors) are also projected each year, but are considered exempt from the rule. It is assumed that there will be one affected facility per respondent.

p Assume that it takes 272 days per year to record CMS operation and maintenance. 23 Table 2: Average Annual EPA Burden  NSPS for Hospital/ Medical/ Infectious Waste Incinerators ( 40 CFR part 60, subpart Ec)

Burden item ( A) Technical Person Hours Per Occurrenc e ( B) Number of Occurrence s Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D) Plants Per Year a ( E) Technical Hours Per Year ( E= CxD) ( F) Management Hours Per Year ( F= 0.05xE) ( G) Clerical Hours Per Year ( G= 0.1xE) ( H) Total Cost,

Per Yearb Activity 1. Attend initial performance test 32 1 32 0.08c 2.56 0.128 0.256 $ 116.45 2. Repeat performance test A. Retesting preparation 12 1 12 0.2d 2.4 0.12 0.24 $ 109.17 B. Attend retesting 32 1 32 0.1e 3.2 0.16 0.32 $ 145.56 3. Excess emissions 32 1 32 0.1f 3.2 0.16 0.32 $ 145.56 4. Report review Review notification of intent to construct 2 1 2 1 2 0.1 0.2 $ 90.98 Review notification of actual startup 2 1 2 1 2 0.1 0.2 $ 90.98 Review notification of type( s) of waste to be combusted 2 1 2 1 2 0.1 0.2 $ 90.98 Review of notification of HMIWI capacity 2 1 2 1 2 0.1 0.2 $ 90.98 Review notification of initial performance test 8 1 8 1 8 0.4 0.8 $ 363.90 24 Burden item ( A) Technical Person Hours Per Occurrenc e ( B) Number of Occurrence s Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D) Plants Per Year a ( E) Technical Hours Per Year ( E= CxD) ( F) Management Hours Per Year ( F= 0.05xE) ( G) Clerical Hours Per Year ( G= 0.1xE) ( H) Total Cost,

Per Yearb Review notification of initial CMS demonstration 5 1 5 1 5 0.25 0.5 $ 227.45 Review of notification of relative amounts of hospital, medical/

infectious, and other waste charged for pathological and cofired combustors 2 1 2 6 g 12 0.6 1.2 $ 545.86 Review notification of exemption claim for pathological and cofired combustors 2 1 2 6 g 12 0.6 1.2 $ 545.86 Review study addressing siting requirements 24 1 24 1 24 1.2 2.4 $ 1,091.71 Review waste reduction plan 8 1 8 1 8 0.4 0.8 $ 363.90 Review report of initial performance test 42h 1 42 1 42 2.1 4.2 $ 1,910.50 Review report of initial CMS demonstration 64i 1 6 1 64 3.2 6.4 $ 2,911.23 Review annual report 25 Burden item ( A) Technical Person Hours Per Occurrenc e ( B) Number of Occurrence s Per Year ( C) Technical Person Hours Per Plant Per Year ( C= AxB) ( D) Plants Per Year a ( E) Technical Hours Per Year ( E= CxD) ( F) Management Hours Per Year ( F= 0.05xE) ( G) Clerical Hours Per Year ( G= 0.1xE) ( H) Total Cost,

Per Yearb  CMS operating parameters 4 1 4 6 j 24 1.2 2.4 $ 1,910.50  Results of performance tests conducted during the year 18 1 18 6j 108 5.4 10.8 $ 4,912.70  Review annual semiannual report of emissions 8 2k, m 16 6j 96 4.8 9.6 $ 4,366.85 Subtotal 422.36 21.118 42.236 $ 20,031.1 2 Travel Expenses ( rounded) ( 1 person x .02 plant/ yr x 2 day/ plant x $ 50 per diem) + ($ 400/ round trip x .02 round trip/ yr)

$ 0 TOTAL LABOR BURDEN and COST ( rounded) 486 $ 20,031 Assumptions:

a We have assumed that are approximately seven sources are subject to NSPS, subpart Ec. We have further assumed that one new sources per year will be equipped with wet/ dry scrubbers from the date of renewal.

b This cost is based on the following hourly labor rates times a 1.6 benefits multiplication factor to account for government overhead expenses: $ 54.66 for Managerial ( GS 13, Step 5, $ 34.16 x 1.6), $ 40.56 for Technical ( GS 12, Step 1, $ 25.35 x 1.6) and $ 21.95 Clerical ( GS 6, Step 3, $ 13.72 x 1.6). These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay.

c Each year a total of one HMIWI performs an initial performance test. It is assumed that EPA personnel attends 8 percent of these tests.

d It is assumed that 20 percent will fail the initial performance test, and will have to repeat the test.

e Assume 10 percent of retests are attended by EPA personnel.

f Assume 10 percent of the affected facilities are required to retest as a result of excess emissions, with 10 percent of these tests being attended by EPA personnel.

g Assume that an additional 6 sources ( pathological and co fired combustors) are also projected each year, but are considered exempt from the rule. It is assumed 26 that there will be one affected facility per respondent.

h Assume it takes six person hours per report to review each pollutant. For initial tests there are seven pollutants that are subject to this rule ( PM, CO, CDD/ CDF,

HCI, metals, stack opacity, and fugitive emissions.

i Assume it takes eight person hours per report to review each CMS demonstration. There are eight CMS that are subject to this rule ( temperature, gas flow,

charge weight, pH, liquid flow, pressure drop, carbon flow, and lime flow).

j This activity will not be performed for the first year of a new source.

k Respondents must submit annual reports and semiannual reports ( See Footnote m).

l Assume that 80 percent of respondents report no exceedances.

m Since the semiannual report coincides once a year with the annual report and both reports include information on exceedances and periods of which data were not obtained, the frequency of the semiannual report is shown in the tables as only once per year instead of twice a year to avoid double counting.


[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Notices]
[Pages 6164-6165]
[FR Doc No: 2012-2681]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66288; File No. SR-NASDAQ-2012-017]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Modify Fees Assessed for Subscription to WebLink ACT under Rule 7015(e)

February 1, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 24, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ is proposing to modify the fees assessed for subscription to
WebLink ACT under NASDAQ Rule 7015(e). NASDAQ will implement the
proposed fees on February 1, 2012.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in brackets.

7015. Access Services

    The following charges are assessed by Nasdaq for connectivity to
systems operated by NASDAQ, including the Nasdaq Market Center, the
FINRA/NASDAQ Trade Reporting Facility, and FINRA's OTCBB Service. The
following fees are not applicable to the NASDAQ Options Market LLC. For
related options fees for Access Services refer to Rule 7053.
    (a)-(d) No change.
    (e) Specialized Services Related to FINRA/NASDAQ Trade Reporting
Facility

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

------------------------------------------------------------------------
CTCI fee..................................  $575/month.
WebLink ACT or Nasdaq Workstation Post      [$375.00]$425/month (full
 Trade.                                      functionality) or
                                            [$200.00]$225/month (up to
                                             an average of twenty
                                             transactions per day each
                                             month) (For the purposes of
                                             this service only, a
                                             transaction is defined as
                                             an original trade entry,
                                             either on trade date or as-
                                             of transactions per month.)
ACT Workstation...........................  $525/logon/month.
------------------------------------------------------------------------

    (f)-(h) No change.
* * * * *

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

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

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

1. Purpose
    NASDAQ is proposing to amend the fees assessed under Rule 7015(e)
for WebLink ACT. WebLink ACT, also referred to as Nasdaq Workstation
Post Trade, is a web-based application used for submission of trade
reports. WebLink ACT provides basic front-end access to the Trade
Reporting Facility (``TRF'') operated by NASDAQ and the Financial
Industry Regulatory Authority, Inc. (``FINRA''),\3\ FINRA's OTC
Reporting Facility, as well as access to ACT functionality still
offered by NASDAQ under authority delegated by FINRA.
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    \3\ NASDAQ notes that most FINRA members seeking access to the
TRF use a proprietary front-end system developed by the broker-
dealer or a product offered by a service bureau. WebLink ACT is
designed as a basic front-end system for low volume users.
---------------------------------------------------------------------------

    NASDAQ proposes to increase the monthly fee assessed for greater
than twenty trades per day by $50, so that the fee will be $425, and
increase the monthly fee assessed for less than twenty trades a day by
$25, so that the

fee will be $225. NASDAQ notes that the WebLink ACT fees have not
increased since September 2006.\4\ Over that time, NASDAQ has
experienced rising infrastructure and support costs associated with the
service, including the addition of useful enhancements. For example,
NASDAQ added two new additional levels of permissions, for a total of
three (i.e., Full Access, Clearing-Only Access and Read-Only Access),
which allows a subscribing member firm to better tailor the
subscription commensurate with the role of the intended user. NASDAQ
also added a ``Match'' feature to the trade scan window in order to
provide contra parties with a matching trade entry to keep for their
records.\5\ Another enhancement NASDAQ made to WebLink ACT is the
addition of three new WebLink scans. The Eligibility scan allows
customers to look up a symbol or CUSIP to check whether it is eligible
for reporting to ACT. The Clearing scan allows customers to look up a
firm and see their clearing firm or whether they are self clearing. The
AGU/QSR scan provides a list of all the Automatic Give Up and Qualified
Service Representative agreements the customer has on file and with
which firm.
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    \4\ Securities Exchange Act Release No. 54500 (September 25,
2006), 71 FR 58026 (October 2, 2006) (SR-NASDAQ-2006-025)
(increasing both the monthly fee assessed for greater than twenty
trades per day by $75 and the monthly fee assessed for less than
twenty trades a day by $50).
    \5\ This offers an alternative to the ``Accept Trade'' action,
which does not give contra parties a copy of the entry, and provides
the contra the ability to edit the trade record.
---------------------------------------------------------------------------

    Given the increased costs incurred since NASDAQ last increased its
fee in September 2006, NASDAQ believes that it is appropriate to now
increase the fees assessed for this service to allow recovery of
NASDAQ's costs. NASDAQ anticipates that the proposed fees may provide
NASDAQ with a profit, in addition to covering costs.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and Section
6(b)(4) of the Act,\7\ in particular, because it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system that
NASDAQ operates or controls, and it does not unfairly discriminate
between customers, issuers, brokers or dealers. NASDAQ believes that
the proposal constitutes an equitable allocation of fees because all
similarly-situated member firms would be charged the same amount. In
addition, access to NASDAQ will continue to be offered on fair and non-
discriminatory terms.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    NASDAQ believes that the proposal is reasonable because the fee
increase will realign the cost of administering and enhancing the
service with the revenue generated by the fee, which have diverged
since the fee was last increased in September 2006. As a consequence of
adding enhancements, such as those noted above, the value of the
service has incrementally increased over time and NASDAQ believes that
it is appropriate to now raise the fees to better align them with the
increased value of the service. In addition, NASDAQ believes that the
proposed fees will cover the costs associated with responding to
customer requests, configuring NASDAQ's systems, programming to user
specifications, and administering the service, among other things, and
may provide NASDAQ with a profit.

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

    The Exchange 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, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\9\ At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(a)(ii). [sic]
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-017 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-NASDAQ-2012-017. This
file number should be included on the subject line if email is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2012-017, and should be submitted on or before
February 28, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2681 Filed 2-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59266-59268]
[FR Doc No: 2011-24691]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8199]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or FOR
FURTHER INFORMATION, CONTACT David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for

the communities listed on the date shown in the last column. The
Administrator finds that notice and public comment under 5 U.S.C.
553(b) are impracticable and unnecessary because communities listed in
this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of   Current effective  map   Date certain  Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III

West Virginia: Doddridge               540024  July 30, 1975,     Oct. 4, 2011..........  Oct. 4, 2011
 County, Unincorporated Areas                   Emerg; March 18,
                                                1991, Reg;
                                                October 4, 2011,
                                                Susp.
    West Union, Town of,               540025  March 7, 1975,     ......do..............   Do.
     Doddridge County.                          Emerg; March 18,
                                                1991, Reg;
                                                October 4, 2011,
                                                Susp.
           Region VI

Texas:
    Abilene, City of, Jones            485450  June 19, 1970,     ......do..............   Do.
     County.                                    Emerg; July 23,
                                                1971, Reg;
                                                October 4, 2011,
                                                Susp.
    Anson, City of, Jones              480401  March 7, 1975,     ......do..............   Do.
     County.                                    Emerg; May 25,
                                                1978, Reg;
                                                October 4, 2011,
                                                Susp.
    Hamlin, City of, Jones             480402  October 15, 1974,  ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                October 4, 2011,
                                                Susp.
    Hawley, City of, Jones             480885  September 15,      ......do..............   Do.
     County.                                    1980, Emerg;
                                                July 1, 1987,
                                                Reg; October 4,
                                                2011, Susp.
    Jones County,                      480884  June 15, 2000,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; N/A, Reg;
                                                October 4, 2011,
                                                Susp.
            Region X

Alaska:
    McGrath, City of, Yukon-           020128  November 18,       ......do..............   Do.
     Koyukuk Census Area.                       2002, Emerg; N/
                                                A, Reg; October
                                                4, 2011, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-24691 Filed 9-23-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51863-51864]
[DOCID:fr23au10-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62737; File No. SR-NYSEArca-2010-64]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving
Proposed Rule Change Relating to Listing of the Wilshire Micro-Cap ETF

August 17, 2010.

I. Introduction

    On July 1, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
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
list and trade shares (``Shares'') of the Wilshire Micro-Cap ETF. The
proposed rule change was published for comment in the Federal Register
on July 15, 2010.\3\ The Commission received no comment letters on the
proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62471 (July 8,
2010), 75 FR 41252 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares of the Wilshire
Micro-Cap ETF (the ``Fund'') \4\ under NYSE Arca Equities Rule
5.2(j)(3), the Exchange's listing standards for Investment Company
Units (``Units'').\5\ The Fund is a series of the Claymore Exchange-
Traded Fund Trust.
---------------------------------------------------------------------------

    \4\ See the Claymore Exchange-Traded Fund Trust's registration
statement on Form N-1A, dated May 18, 2010 (File Nos. 333-134551;
811-21906) (``Registration Statement'').
    \5\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
---------------------------------------------------------------------------

    The Fund seeks investment results that correspond generally to the
performance, before fees and expenses, of the Wilshire US Micro-Cap
Index \SM\ (``Index''). The Index is designed to represent micro-sized
companies and is a subset of the Wilshire 5000 Total Market Index\SM\
(the ``Wilshire 5000''). The Index represents a float-adjusted, market
capitalization-weighted index of the issues ranked below 2500 by market
capitalization of the Wilshire 5000. As of March 31, 2010, the Index
was comprised of approximately 1,564 securities of micro-capitalization
companies.
    The Exchange represents that: (i) Except for Commentaries
.01(a)(A)(1) \6\ and .01(a)(A)(5) \7\ to NYSE Arca Equities Rule
5.2(j)(3), the Shares of the Fund currently satisfy all of the other
generic listing standards under NYSE Arca Equities Rule 5.2(j)(3); (ii)
the continued listing standards under NYSE Arca Equities Rules
5.2(j)(3) and 5.5(g)(2) applicable to Units shall apply to the Shares;
and (iii) the Trust is required to comply with Rule 10A-3 \8\ under the
Act for the initial and continued listing of the Shares. Additionally,
the Exchange represents that the Shares will comply with all other
requirements applicable to Units including, but not limited to,
requirements relating to the dissemination of key information such as
the value of the Index and Intraday Indicative Value, rules governing
the trading of equity securities, trading hours, trading halts,
surveillance, and Information Bulletin to ETP Holders, as set forth in
Exchange rules applicable to Units and prior Commission orders
approving the generic listing rules applicable to the listing and
trading of Units.\9\
---------------------------------------------------------------------------

    \6\ Commentary .01(a)(A)(1) to NYSE Arca Equities Rule 5.2(j)(3)
provides that component stocks (excluding Units and securities
defined in Section 2 of NYSE Arca Equities Rule 8, collectively,
``Derivative Securities Products'') that in the aggregate account
for at least 90% of the weight of the index or portfolio (excluding
such Derivative Securities Products) each shall have a minimum
market value of at least $75 million. The Exchange has represented
that, as of April 21, 2010, 76.93% of the weight of the Index
components had a market capitalization greater than $75 million.
    \7\ Commentary .01(a)(A)(5) to NYSE Arca Equities Rule 5.2(j)(3)
provides that all securities in the index or portfolio shall be US
Component Stocks listed on a national securities exchange and shall
be NMS Stocks as defined in Rule 600 of Regulation NMS under the
Act. The Exchange has represented that, as of April 21, 2010, 201 of
approximately 1,564 components in the Index, accounting for
approximately 12.8% of the total stocks in the Index and
approximately 3.7% of the Index weight, were non-NMS stocks that
trade either on the OTC Bulletin Board or the Pink OTC Markets.
    \8\ 17 CFR 240.10A-3.
    \9\ See, e.g., Securities Exchange Act Release Nos. 44551 (July
12, 2001), 66 FR 37716 (July 19, 2001) (SR-PCX-2001-14) (order
approving generic listing standards for Units and Portfolio
Depositary Receipts); and 41983 (October 6, 1999), 64 FR 56008
(October 15, 1999) (SR-PCX-98-29) (order approving rules for listing
and trading of Units).

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

    Detailed descriptions of the Fund, the Index, procedures for
creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, risks, and reports to be distributed
to beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.claymore.com), as
applicable.\10\
---------------------------------------------------------------------------

    \10\ See also Notice, supra, note 3.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\11\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\12\
in that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    NYSE Arca Equities Rule 5.2(j)(3) permits the Exchange to consider
qualifying Units for listing and trading pursuant to Rule 19b-4(e)
under the Act. Commentary .01(a)(A) of Rule 5.2(j)(3) sets forth the
generic listing requirements applicable to Units based on U.S. indexes
or portfolios.\13\ These generic listing standards are designed to
ensure that the securities composing the indexes and portfolios
underlying the Units are well capitalized and actively traded, and
serve to prevent fraudulent and manipulative acts.\14\ As discussed
above, the Shares do not qualify for generic listing under the
Exchange's rule because the Index does not meet the criteria set forth
in Commentaries .01(a)(A)(1) and .01(a)(A)(5) of NYSE Arca Equities
Rule 5.2(j)(3) applicable to Units based on U.S. indexes or
portfolios.\15\
---------------------------------------------------------------------------

    \13\ In addition to the requirements set forth in Commentaries
.01(a)(A)(1) and .01(a)(A)(5) discussed above, Rule 5.2(j)(3) also
provides, among other things, that (i) the component stocks
(excluding Derivative Securities Products) representing at least 70%
of the weight of the index or portfolio (excluding such Derivative
Securities Products) must have a minimum monthly trading volume
during each of the last six months of at least 250,000 shares, or
minimum notional monthly trading volume of $25 million, (ii) the
most heavily weighted component stock (excluding Derivative
Securities Products) in an underlying index or portfolio cannot
exceed 30% of the weight of the index or portfolio, and the five
most heavily weighted component stocks (excluding Derivative
Securities Products) cannot together exceed 65% of the weight of the
index or portfolio, and (iii) the index or portfolio must include a
minimum of 13 stocks. See Commentaries .01(a)(A)(2), .01(a)(A)(3)
and .01(a)(A)(4) to NYSE Arca Equities Rule 5.2(j)(3).
    \14\ See Securities Exchange Act Release No. 44551 (July 12,
2001), 66 FR 37716 (July 19, 2001) (SR-PCX-2001-14).
    \15\ See notes 6 and 7, supra.
---------------------------------------------------------------------------

    The Commission believes that the listing and trading of the Shares
is consistent with the Act. The Shares currently satisfy all but two of
the generic listing standards under the rule, and the Commission
believes that the composition of the Index, despite failing to satisfy
the requirements of Commentaries .01(a)(A)(1) and .01(a)(A)(5) to NYSE
Arca Equities Rule 5.2(j)(3), does not raise any regulatory concerns.
The capitalization criterion of Commentary .01(a)(A)(1), together with
the liquidity requirement applicable to the Index components, are
designed to prevent fraudulent or manipulative acts.\16\ The Commission
believes that the Index should not be susceptible to manipulation in
light of the characteristics of the Index components when viewed as a
whole. The generic listing requirement that all securities in the Index
be NMS Stocks is designed to ensure that listed Units are not used as
surrogates for trading in unregistered securities.\17\ The Commission
believes that the Shares will not serve this function because non-NMS
stocks account for only approximately 3.7% of the Index weight.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 44551, supra note
14, 66 FR at 37719.
    \17\ See Securities Exchange Act Release No. 55621 (April 12,
2007), 72 FR 19571, 19576 (April 18, 2007) (SR-NYSEArca-2006-86).
---------------------------------------------------------------------------

    In addition, the Commission notes that it has not received any
comments regarding the proposed rule change.

IV. Conclusion

    For the forgoing reasons, the Commission believes that the
Exchange's proposal to list and trade the Shares is consistent with the
Act. This order is based on the Exchange's representations.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSEArca-2010-64) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20819 Filed 8-20-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Proposed Rules]
[Page 24227]
[FR Doc No: 2015-09903]

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

40 CFR Part 52

[EPA-R06-OAR-2015-0054; FRL-9926-90-Region 6]

Approval and Promulgation of Implementation Plans; State of
Arkansas; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arkansas State Implementation Plan (SIP)
related to the Fee Regulations section of the Arkansas SIP that were
submitted by the State of Arkansas on November 6, 2012. The EPA has
evaluated the SIP submittal from Arkansas and determined these
revisions are consistent with the requirements of the Clean Air Act
(Act or CAA). The EPA is approving this action under section 110 of the
Act.

DATES: Written comments should be received on or before June 1, 2015.

ADDRESSES: Comments may be mailed to Ms. Tracie Donaldson, Air Permits
Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. Comments may also be submitted
electronically or through hand delivery/courier by following the
detailed instructions in the ADDRESSES section of the direct final rule
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson,<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no relevant adverse comments are received in response to this
action no further activity is contemplated. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.
    For additional information, see the direct final rule which is
located in the rules section of this Federal Register.

    Dated: April 17, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-09903 Filed 4-29-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8235-8236]
[FR Doc No: 2014-02923]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

36th Meeting: RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting Notice of RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services.

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

SUMMARY: The FAA is issuing this notice to advise the public of the
thirty-sixth meeting of the RTCA Special Committee 206, Aeronautical
Information and Meteorological Data Link Services.

DATES: The meeting will be held March 10-14, 8:30 a.m.-5:00 p.m.

ADDRESSES: The meeting will be held at National Weather Service
Training Center, 7220 NW 101st Terrace, Kansas City, MO 64153.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, 1150 18th Street
NW., Suite 910, Washington, DC 20036, or by telephone at (202) 330-
0652/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at http://www.rtca.org or Sophie Bousquet<EMAIL_ADDRESS>202-330-0663.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of Special Committee 206. The agenda will
include the following:

March 10

1:00 p.m.

     Opening remarks: Chairman, DFO and Host.
     Review and approval meeting agenda.
     SC-206 action item review.
     Approval of previous (McLean) meeting minutes.
     Sub-Groups status and week's plan.
     Industry Presentations.

3:00 p.m.

     Sub-Group Meetings.

March 11&12

8:30 a.m.

     Sub-Groups meetings.

10:00 a.m.

     SG4: SE2020 Eddy Dissipation Rate (EDR) Turbulence Project
Update on March 11.

1:00 p.m.

     Tour of AWC on March 11 & 12.

March 13

8:30 a.m.

     SG-4 DO-252 Update Document Review.

1:00 p.m.

     Plenary: SG-4 DO-252 Update Document Review (if needed).
    [cir] Alternative: Sub-Group Meetings.

March 14

8:30 a.m.

     Closing Plenary.
    [cir] Sub-Groups reports.
    [cir] Decision to release DO-252 Update for FRAC.
     Action item review.
     Future meeting plans and dates.
     Industry Coordination & Presentations.
     Other business.

11:30 a.m.

     Adjourn.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on February 5, 2014.
Paige Williams,
Management Analyst, NextGen, Business Operations Group, Federal
Aviation Administration.
[FR Doc. 2014-02923 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-13-P