[Federal Register: April 22, 2010 (Volume 75, Number 77)]
[Rules and Regulations]
[Page 20918]
[DOCID:fr22ap10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0199]

Drawbridge Operation Regulations; Passaic River, Clifton, NJ,
Maintenance

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Route 3 Bridge across the Passaic River, mile 11.8, at Clifton, New
Jersey. This deviation allows the bridge to remain in the closed
position to protect public safety during bridge maintenance.

DATES: This deviation is effective from May 1, 2010 through October 27,
2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0199 and are available online
at  http://www.regulations.gov, inserting USCG-2010-0199 in the
``Keyword'' and then clicking ``Search''. They are also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District, telephone<PHONE_NUMBER>. If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Route 3 Bridge has a vertical clearance
of 35 feet at mean high water, and 40 feet at mean low water in the
closed position. The existing drawbridge operating regulations listed
at 33 CFR 117.739(n), require the bridge to open on signal after at
least a 24 hour advance notice is given by calling the number posted at
the bridge.
    The Route 3 Bridge is in poor condition and will be replaced as
soon as possible with a new fixed highway bridge on a different
alignment. Because the Route 3 Bridge is in poor condition and poses a
hazard to public safety, maintenance must be performed before it is
replaced.
    A submarine utility communication cable is presently located on the
proposed alignment of the new replacement bridge and will need to be
temporarily relocated during the construction of the new Route 3
highway bridge.
    The best alternative and least disruptive impact to the environment
is to temporarily relocate the communication cable to the underside of
the existing Route 3 Bridge. As a result of that temporary installation
of the communication cable the existing Route 3 Bridge will not be able
to be opened for vessel traffic.
    The route 3 Bridge has not received a request to open since 1998.
    Once the new bridge construction is completed and the new bridge is
opened for vehicular traffic the old existing Route 3 Bridge will be
removed.
    Vessels able to pass under the closed draw may do so at any time.
Waterway users were advised of the requested bridge closure and offered
no objection.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 13, 2010.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2010-9335 Filed 4-21-10; 8:45 am]
BILLING CODE 9110-04-P


STATEMENT SUPPORTING THE FINAL RULE ON DISTRIBUTION OF OFFSITE CONSEQUENCE ANALYSIS INFORMATION UNDER SECTION 112( r)( 7)( H) OF THE CLEAN AIR ACT EPA # 1981.01 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection Request Distribution of offsite consequence analysis information under section 112( r)( 7)( H) of the Clean Air Act ( CAA), as amended B EPA No. 1981.01 The ICR for the proposed rule was listed as ICR 1656.08. To avoid confusion with the ICR for the full RMP program ( i. e., Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Section 112( r) of the Clean Air Act), the ICR number has been changed for the final rule.

1( b) Short Characterization This information collection request ( ICR) supports the final rule, Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air Act Section 112( r)( 7); Distribution of Off Site Consequence Analysis Information, under CAA section 112( r) as amended by the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act ( P. L. 106 40). CAA section 112( r)( 7) required EPA to promulgate reasonable regulations and appropriate guidance to provide for the prevention and detection of accidental releases and for responses to such releases. The regulations include requirements for submittal of a risk management plan ( RMP) to EPA. The RMP includes information on offsite consequence analyses ( OCA) as well as other elements of the risk management program. EPA has made all RMP data except the OCA information available to the public on the Internet through a system called RMP* Info.

On August 5, 1999, the President signed the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act ( CSISSFRRA). This Act requires the President to promulgate regulations on the distribution of OCA information ( CAA section 112( r)( 7)( H)( ii)). The President delegated to EPA and the Department of Justice ( DOJ) the responsibility to promulgate regulations to govern the dissemination of OCA information to the public.

The final rule will impose minimal information collection requirements and record keeping. The federal government would ensure that reading rooms are established at federal facilities geographically distributed across the United States and its territories. At these reading rooms, members of the public will be able to read, but not mechanically copy or remove paper copies of OCA information for up to 10 stationary sources per calendar month. Any person will also receive access at a federal reading room to OCA information that the Local Emergency Planning Committee ( LEPC) in which he or she lives or works is authorized to provide.

At some reading rooms, access will be available on a walk in basis, because the OCA data will be maintained at the reading room. At other reading rooms, however, the OCA data will not be maintained 2 on site, and therefore a person wishing to view OCA data at those reading rooms will contact a central office at a toll free number at least three days prior to the date on which the person will like to view the OCA data at the reading room. During the toll free call, the requestor will be asked to provide his or her name, telephone number, and the names of the facilities for which OCA information is being requested. At the reading rooms, the requestor will need to display photo identification issued by a federal, state, or local government agency, sign a sign in sheet, and certify that the individual has not received access to OCA information for more than 10 stationary sources for that calendar month. Persons requesting access to local facilities OCA information will also be asked to sign in and to display documentation demonstrating that he or she lives or works in the LEPC jurisdiction for which the OCA information has been requested. Requestors will be limited to access to paper copies of OCA information for a total of 10 facilities during a calendar month, regardless of how many reading rooms they visit during a single month.

EPA will also establish an indicator, Vulnerable Zone Indicator System ( VZIS), that will inform any person located in any state whether an address specified by that person might be within the vulnerable zone of one or more stationary sources, according to the data reported in RMPs. The indicator will be available on the Internet. Members of the public who do not have access to the Internet would be able to obtain the same information by calling an EPA toll free number or by regular mail request to the Administrator of EPA.

The final rule also authorizes and encourages LEPCs and related local government agencies ( such as police, fire, emergency management and planning departments) to provide read only access to OCA sections of RMP for sources located within the jurisdiction of the LEPC and for any other stationary sources that has a vulnerability zone that extends into the LEPC's jurisdiction. These local agencies would receive OCA information upon request for all the sources in the LEPC jurisdiction and for any sources whose vulnerable zones extend into the LEPC's jurisdiction. They are authorized to make the OCA information available for reading, but not copying mechanically, to members of the public. These agencies that provide read only access are not required to limit the number of stationary sources for which a person can gain access, ascertain a person's identity or place of residence or work, or keep records of public access provided. Local agencies are authorized and encouraged, but are not required to provide public access to OCA sections of RMPs.

State agencies and related state government agencies ( such as emergency management, environmental protection, health, and natural resources departments) would also receive OCA data upon request for all facilities in the state. They are authorized to make the OCA information available for reading, but not copying mechanically, to members of the public for the same stationary sources as the LEPC in whose jurisdiction the person lives or works. If the states choose to give this information, they would need to verify the person's address or place of employment. State agencies are not required to provide public access to OCA information.

The final rule also codifies the statutory provisions of CSISSFRRA that allow any member of an LEPC, SERC and any other state or local government official to convey to the public any OCA data elements orally or in writing, provided that the data elements are not conveyed in the format of sections 2 through 5 of an RMP or any electronic database that EPA has developed that includes OCA data elements.

State and local government officials will also have access to OCA information for their official use. These officials must send a request on their official letterhead to certify that they are covered persons under P. L. 106 40, and that they will use the data for official use only. 3 2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection The information collection for disseminating OCA information is authorized under the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act ( CSISSFRRA). From the members of the public wishing to view OCA information at federal reading rooms, this ICR collects signature and a certification stating that the requestor has not received access to OCA information for more than 10 facilities during that calendar month. The federal reading room staff will view photo identification of the requestor and view documentation demonstrating where he or she lives ( for those who are requesting local facilities at federal reading rooms.) Members of the public contacting the central office will be asked to give their name, telephone number, residential address, and names of the facilities they wish to view the OCA information. This ICR also covers the collection of written request from state and local officials for OCA information. In addition, it governs the maintenance and disclosure of the OCA information by state and local entities for public use, as authorized and encouraged by CSISSFRRA and codified in 40 CFR Part 1400.

2( b) Practical Utility/ Users of the Information The information collected from the public under 40 CFR Part 1400 will be collected to assure compliance with 40 CFR 1400.3 (" Public access to paper copies of off site consequence analysis information"). Signature and certification will be collected to ensure that members of the public are in compliance with 40 CFR 1400.3( c), which provides that a reading room may not provide a person access to OCA information for more than 10 stationary sources in a calendar month. This limitation on access is consistent with CSISSFRRA section 3( a), which states in relevant part that the regulations promulgated thereunder "[ allow] access by any member of the public to paper copies of [ OCA] information for a limited number of stationary sources located anywhere in the United States . . ." [ emphasis added].

The person wishing to view OCA information at federal reading rooms must show a photo identification to the reading room staff prior to obtaining OCA information. This requirement is a reasonable means of accomplishing the statutory requirement that individuals have access " to a limited number" of paper copies of OCA information. The requirement to show identification will also decrease the likelihood that OCA information would be obtained by individuals seeking it for criminal purposes, because such individuals prefer to conceal their activities. The photo identification will significantly reduce the risk that someone will attempt to use identification that is not his or her own.

At federal reading rooms, the members of the public will also have access to OCA information that the LEPC in whose jurisdiction the person lives or works is authorized to provide. These individuals will be asked to sign in and to display documentation demonstrating that he or she lives or works in the LEPC whose jurisdiction for which the OCA information has been requested. This requirement is to assure that the individual will only get the OCA information to which he is entitled.

If an individual calls the central office to obtain OCA data, will be asked to give his/ her name, telephone number, and the names of the facilities for which OCA information is being requested. This information will enable the central office to schedule an appointment for the requestor at a reading room, 4 relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor.

This collection also covers the letters of request sent by state and local agencies for OCA information either for their own use such as emergency planning and/ or to provide read only access to the public. State and local officials who decide to obtain OCA information for their official use must send a request on their official letterhead to EPA certifying that they are covered persons under P. L. 106 40 and that they will use the information for official use only.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication The information being collected under this rule are signature, certification and personal identification data and names of the facilities the individuals would like to view OCA data ( for those who calls the central office to view OCA data). Also, the letters from state or local officials to EPA requesting OCA information are also collected. This information does not duplicate any other federal collection as it is specific to this rule and necessary to ensure that the rule can be implemented.

3( b) Consultations EPA has consulted with State and local representatives of a FACA subcommittee about the implementation of the OCA provisions of CSISSFRRA. In addition, EPA have consulted with seven organizations that represent State and local elected officials, and two tribal organizations that represent tribal environmental officials, in developing the final rule.

3( c) Public Notice In compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.), the Agency notified the public through the Federal Register notice on the submission of the ICR to OMB in the proposed rule on April 27, 2000 ( 65 FR 24834). We received comments on the ICR from one person. The commenter made a number of objections to the ICR and the information being collected.

$ The commenter stated that the agencies have not provided justification for the information being collected and tracked in violation of the Paperwork Reduction Act and the Privacy Act.

$ The commenter stated that the agencies, in the ICR , had failed to list the public as one of primarily affected parties, had not described in detail the information that would be collected and tracked, and had failed to include annual public costs.

$ The commenter stated that the burden to the public listed in the initial ICR was unrealistic because the public will need time to travel to a reading room.

$ The commenter stated that the cost for federal reading rooms was excessive.

The final rule establishes at least 50 federal reading rooms located in each state, the U. S. territories and the District of Columbia. EPA anticipates that there will be 56 reading rooms. The rule and also encourages and authorizes state and local agencies to provide read only public access. Therefore, an 5 individual does not have to drive a great distance to view OCA information. The Agency is not required under the paperwork reduction act to include the drive time, transportation costs, etc. when calculating burden.

During the time of the proposed rule, the Agencies assumed that there would be at least 50 reading rooms, 10 of those would be in EPA regional offices and the remaining 40 would be located in non federal offices, independently operated by EPA staff, requiring at least 2 FTE. Therefore, the cost of the federal reading rooms was excessive. At present, it is assumed that all federal reading rooms ( walk ins and others), will be at existing federal offices. Therefore, no additional staff is required and cost for operating the reading rooms is much lower than what was stated in the proposed rule ICR.

The proposed rule indicated that the reading room personnel will keep daily sign in sheets to record the name of the person, address of the user and the names of the facilities that they would view during a calendar month and that the federal government will keep these records. EPA and DOJ recognize that privacy concerns are raised whenever government collects information about individuals. Since we do need to limit the number of facilities for which individuals can access OCA information, we intend to keep the sign in sheet system, as stated in the proposed rule, but to keep the sign in sheets in a manner that will minimize privacy concerns and that will not entail the creation of a system of record under the privacy act. We will not be creating an elaborate tracking system according to individuals' names to enforce the limit on access to paper copies. Rather, the reading room staff will visually inspect the sign in sheet( s), which will be organized chronologically, for the month in which an individual seeks access to paper copies to see if that individual's name appears on the sign in sheet( s) for dates earlier in the month and, if so, if that individual has already received OCA information for more than 10 facilities. The final rule establishes that the federal reading room personnel shall keep records of reading room use and certifications, which will be retained for three years. EPA and DOJ believe that the sign in sheets with self certification should provide assurance that the monthly limit on OCA information will not be exceeded. It should also be noted that the information recorded on sign in sheets may be used by law enforcement in the event of a duly authorized investigation of a violation of civil or criminal law. For this reason, these sign in sheets will be retained for three years.

The information collected ( name, telephone number, and the names of the facilities for which OCA information is being requested) by the central office reading room staff will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and if necessary, contact the requestor. This information would not be retained beyond the requestor's appointment date.

3( d) Effects of Less Frequent Collection This section is not applicable. The only data being collected are the signatures and selfcertification these are only collected at the time of visit.

3( e) General Guidelines This section is not applicable.

3( f) Confidentiality 6 The only data being collected are signatures and self certification, neither of which are confidential.

3( g) Sensitive Questions This section is not applicable.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents/ NAICS Codes The respondent universe for this rule is state and local officials and members of the public. The most significant users are likely to be state and local agencies ( NAICS code 92111).

4( b) Information Requested Members of the public are required to give their names, telephone number, and the names of the facilities for which OCA information is being requested, when they contact the central office to schedule an appointment to view OCA information. Individuals visiting the reading rooms are required to sign in and self certify that they have not viewed OCA information for more than 10 facilities during that calendar month. Individuals wishing to view OCA information that the LEPC in whose jurisdiction the person lives or works is authorized to provide, will also be asked to sign in and display documentation demonstrating that he or she lives or works in the LEPC jurisdiction for which the OCA information has been requested.

State and local agencies are required to send a written request to EPA for OCA information. State and local officials must send the request on their official letterhead certifying that they are covered persons under P. L. 106 40 and that they will use the data for official use only.

( i) Data Elements Members of the public requesting to view OCA information at federal reading rooms would be required to sign in and self certify. If asking for OCA information from federal reading rooms for the facilities in the area where they live or work, they would be required to provide proof that they live or work in that area. Members of the public are required to give their names, telephone number, and the names of the facilities for which OCA information is being requested, when they contact the central office to schedule an appointment to view OCA information.

( ii) Respondent Activities The respondent activities for state and local agencies include:

$ Reading and understanding the Security Notice to Federal, state, and local officials and researchers;

$ Submitting a written request to EPA for OCA information;

$ Providing a location for the public to review OCA information for local facilities;

$ Ensuring that members of the public do not remove or copy OCA information they review;

$ Operate the VZIS indicator system, and 7 $ Making OCA information available in formats other than sections 2 through 5 of the RMP.

The respondent activities for members of the public include the following:

$ Calling the central office to make an appointment at a reading room, provide name, address, phone number, and the names of the facilities for which OCA information is requested;

$ Displaying a photo identification ( e. g., driver's license) at reading rooms and proof of place of residence or employment ( when seeking to view OCA information for facilities located near place of residence or employment); sign in and certify that they have not viewed OCA information for more than 10 facilities during that calendar month.

$ Submitting a request for information from the vulnerable zone indicator system ( VZIS) ( by Internet, phone, or mail); and $ Making follow up calls or contacts to obtain additional information on facilities that may affect them.

Members of the public will be permitted to read and take notes from the OCA information, but not to remove or mechanically reproduce it. The rule imposes no limit on the number of local facilities ( within the LEPC district or affecting the LEPC district) for which members of the public may review paper copies of OCA information made available by local agencies. The rule does not require local agencies to ask members of the public to show any identification to gain access to the information. State agencies are permitted to provide a person the same access to paper copies of OCA information to a member of the public as that person would receive at his or her local agency. State agencies will need to verify that a person seeking information for an area lives or works in the area.

The burden estimates for documentation and reporting are discussed in section 6 of this ICR.

5. THE INFORMATION COLLECTED C AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Federal, State, and Local Government Activities Burden to State and Local Agencies and Others State and local officials who decide to obtain OCA information must send a written request on their official letterhead to EPA certifying that they are covered persons under P. L. 106 40, and that they will use the information for official use only. EPA will also provide paper copies of RMPs to these agencies on request.

The rule authorizes and encourages state and local agencies to set up public reading rooms. The local reading rooms would provide read only access to OCA information for all the sources in the LEPC's jurisdiction and for any source where the vulnerable zone extends into the LEPC's jurisdiction.

These agencies are not required to carry out these activities, however the costs and burden are detailed in section 6. 8 Burden to the Federal Government The federal government will provide reading rooms. The federal government will also need to develop and maintain the VZIS software. The federal government will also need to supply the state and local agencies with OCA information, VZIS software and provide technical support. The government may also engage in other activities to provide access to OCA information.

5( b) Collection Methodology and Management The federal reading rooms will maintain records of reading room use and certifications in accordance with procedures established by the Administrator and the Attorney General. These records shall be retained for no more than three years.

The federal reading room staff will view the photo identification of requestors to ensure that the identification belongs to the person requesting OCA information. Requiring an individual to show identification will also decrease the likelihood that OCA information would be obtained by individuals seeking it for criminal purposes.

The reading room staff will also view proof of residence and employment to ensure that the requestor only receives access to the local OCA information to which he or she is entitled. The requirement for signature and self certification is to prevent individuals from obtaining OCA information more than their limit ( 10 facilities per calendar month national limit). To further deter individuals from attempting to exceed their allotment by visiting more than federal reading room in a month, reading room personnel will be instructed to provide access to OCA information only to individuals who have signed a certification that they have not exceeded their allotment. The certification will inform members of the public that they may be subject to criminal penalties under federal law for falsely certifying that they have not received OCA information for more than 10 facilities that month. The information recorded on sign in sheets may be used by law enforcement in the event of a duly authorized investigation of a violation of civil or criminal law. Therefore, these sign in sheets will be retained for three years.

The information collected during telephone call received by the central office from a requestor of OCA information will enable the central office to schedule an appointment for the requestor at a reading room, relay the requested copies of OCA information to that reading room, and, if necessary, contact the requestor. This information would not be retained beyond the requestor's appointment date.

The requests from state and local officials for OCA information would also be retained for three years.

5( c) Small Entity Flexibility The rule does not require small entities, such as local emergency planning committees or related local government agencies, to provide public access to OCA information, hence no special requirements are needed for small entities. 5( d) Collection Schedule The information collected at the federal reading rooms are only when an individual request OCA information. 9 1 The number of counties is from the Statistical Abstract of the United States, Department of Commerce, U. S. Census Bureau. 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Respondent Burden State/ Local Agencies The number of respondents undertaking the activities listed in section 4( b)( ii) is estimated to be at least one agency in each of the 50 states, D. C. and the U. S. territories. These agencies are assumed to be members of the State Emergency Response Commission ( SERC), environmental protection agencies, emergency management agencies, etc. In the ICR for the proposed rule, it was assumed that at least one agency in each of the 3,043 U. S. counties ( each county is assumed to have 1 LEPC) would request OCA information1. Based on a recent survey, EPA estimates that there are 1,500 active LEPCs ( in compliance with Emergency Planning and Community Right to Know Act), which will request OCA information from EPA for their own use such as emergency planning and some of these LEPCs may also provide public read only access. Based on the comments we received on the proposed rule, it is assumed that in the first year covered by this ICR, only 300 out of the 1500 LEPCs may provide read only access. By the end of the second year, it is assumed 600 will provide read only access, by the end of the third year, a total of 1000 will provide read only access.

The state and local agencies are assumed to spend two hours a week providing information to the public ( providing read only access and operate the VZIS). The local agencies are assumed to hold 3 public meetings, in the three years covered by this ICR, which would take 8 hrs each for preparation and to hold the meeting. The state and local official will take will take approximately one hour per official to prepare the letter to request OCA information. State and local agencies are assumed to take 2 hrs training on the VZIS and 1 hr training on the security of OCA information ( one time burden). The total burden hours for state and local agencies are estimated to be 86,000 hours annually ( 258,000 hours for three years) at a cost of $ 2.4 million annually ($ 7.2 million for three years).

Public It is assumed that the members of the public would take approximately one hour to sign in and certify; call the central office to give name, address, telephone number, names of the facilities for which OCA information is requested; and to display documentation demonstrating proof of residence and employment to view local facilities at federal reading room. Based on a survey, it was estimated that 3,500 people visited LEPCs/ state agencies to view information filed under Section 312 of EPCRA. Based on this, EPA assumes that the federal reading rooms will also be visited by at least 3,500 individuals for OCA information. The local reading rooms will most likely attract more people than the federal rooms since they may be easily accessible. Therefore, EPA assumes that at least 2 people from each of the 3,043 counties will visit state and local reading rooms since the OCA information contains consequences of accidental releases that affect their community ( home, school etc.) than the EPCRA 312 information which contains amounts of chemicals stored at a facility. EPCRA 312 information does not give details on the consequences of releases, what facilities are doing to prevent accidents or the facilities emergency response programs, which is what a facility's RMP plan contains. 10 Additionally, it is assumed that the public will use the vulnerable zone indicator system ( VZIS). EPA estimates that approximately 20,000 people will use the VZIS system each year and 5,000 of those will seek additional information. Those individuals that do not have access to the Internet will be able to call an EPA toll free number or send the request by mail. These estimates are based on queries into RMP* Info. Out of the 20,000, EPA estimates that 10,000 people will send an email request, 10,000 will call an EPA toll free number for request and about 20 people will mail letters requesting information. It is assumed to take three minutes for an email, 15 minutes for a call to the hotline and follow up call, and 30 minutes to write a letter and mail it. The total burden to the public is estimated to be 14,000 hours annually ( 42,000 hours over three years) at a cost of $ 293,000 annually ($ 879,000 over three years).

6( b) Estimating Respondent Costs To estimate costs for state and local agencies to provide the OCA information to the public and monitor its use, operate the VZIS, prepare for the public meetings, training on the security of OCA information, the public administration hourly rate for state and local government employees of $ 26.26 ( wages plus benefits) was used ( Bureau of Labor Statistics data, March 2000, Table 4).

To estimate costs for state and local officials to submit a written request to EPA for OCA information, and to hold public meetings, the executive/ managerial average hourly rate for state and local government employees of $ 36.20 ( wage plus benefits) was used ( Bureau of Labor Statistics data, March 2000, Table 4).

The value of the public time is estimated to be at $ 21.16 per hour, the average compensation for all U. S. civilian employees ( Bureau of Labor Statistics data, March 2000, Table 1).

6( c) Estimating Annual Respondent Cost Burden Capital and O& M Costs  State, local agencies and the public The state and local agencies capital costs are estimated to be $ 125,000 for purchasing computer equipment to operate the VZIS. The cost is annualized assuming the equipment is depreciated over five years. The total annual O& M cost for state, local agencies to mail letters to EPA requesting OCA information is approximately $ 260.00. The annual O& M cost for the public to mail letters to EPA requesting information from the VZIS is $ 10.00.

6( d) Estimating Costs for the Federal Government EPA and DOJ will maintain at least 56 federal reading rooms located at federal buildings. At least one federal reading room will be located in each state, the District of Columbia, and each of the U. S. territories. EPA anticipates that approximately 28 out of the 56 reading rooms will operate the VZIS. There will be approximately 15 walk in reading rooms, and the remaining will be by appointments only.

Federal costs were estimated based on activity and the FY 2000 GS wage schedule. Copying time ( to make paper copies of OCA information for state and local agencies if requested) was estimated using a GS 4; reading room activities were estimated using a GS 9, step 5; VZIS operation was estimated at GS 13 step 5; and software development and maintenance was estimated at a GS 14 rate. The wages for these staff were loaded with fringe, but no overhead. 11 The reading room activities may vary depending on whether it is a reading room with walk in access, phone in access or operating the VZIS. The reading room staff are expected to take phone calls from the public, schedule appointments for use of the reading rooms, print the requested RMPs, review the identification presented, monitor the use of the RMPs to ensure that they are not mechanically copied, and shred them when the user is finished. Reading room staff will spend one hour learning how to handle OCA information securely. Reading room staff ( those that will operate VZIS) are also assumed to take a onehour training course to use the software needed to identify facilities whose vulnerable zone affects a specific address. Reading room activity and VZIS operation was estimated to require the one tenth of the time of a federal employee for each of the appropriate reading room.

The VZIS development, maintenance, providing technical support, creating the disks for each state and LEPC ( each disk will have its OCA data for their jurisdiction) are estimated to take 1,470 hours. EPA will also have to operate the VZIS system and respond to queries. It was estimated that EPA would spend 15 minutes responding to each query and an equal amount of time answering follow up calls.

EPA will have to make paper copies, compile binders, and mail them to state and local agencies if requested. Making two complete sets of RMPs ( one for states, one for local agencies) was estimated to take 158 hours to copy ( 570,000 pages at 60 pages per second). It was assumed that compiling the binders would take 0.5 each to sort the RMPs by LEPC, check the completeness of the binder, and prepare the mailing. In addition, as RMPs are updated, it was assumed that EPA would send the state and local agencies updated copies of specific RMPs; 1,000 RMPs were assumed to updated each year.

The total burden on the federal government is estimated to be 30,000 hrs annually ( 90,000 hrs for three years) at a cost of $ 1,000,000 annually ($ 3,000,000 for three years).

O& M Costs Reading rooms were assumed to need a computer, monitor, printer, and shredder. All 15 walk in reading rooms are estimated to have computer/ monitor/ printer. All 56 reading rooms will have shredders. Reading rooms that operate VZIS may have to have upgraded computer system to run the VZIS software. Based on current list prices for the equipment from retail outlets, the equipment was assumed to cost the following:

Computer $ 1,000 ( having capability of VZIS software) Monitor $ 200 Printer $ 200 Shredder $ 250 Recycled paper $ 4.79/ ream Depreciated over five years, the total annualized equipment cost for the 56 federal reading rooms is $ 9,000. The annual cost for VZIS software is $ 5,400. In addition, reading rooms were assumed to print out copies. Using a cost of $ 4.79 for a ream of recycled copy paper, EPA estimates that its annual paper cost is $ 10,000, assuming each person visiting a reading room looks at 20 RMPs ( 10 local and 10 outside the area). The annual mailing cost is $ 45,000, for sending copies of OCA information to the reading rooms from the central office and mailing VZIS software and OCA information to state and local agencies.

6( e) Bottom Line Burden Hours and Costs 12 The total burden hours presented on Form OMB 83i were derived in the following manner:

13. a The universe of reporting or disclosure respondents is equal to the total number of state and local entities expected to request OCA information from EPA and providing access to OCA information to the public, the public visiting the reading rooms and requesting information from the VZIS ( 31,140), number of annual respondents is 10,380.

13. b The number of responses per respondent is one.

14. The annualized cost burden for respondents during the time period covered by this ICR is estimated to be 100,000 hours and $ 2.8 million ( 300,000 hours and $ 8.4 million for the three year period).

6( f) Reasons for Change in Burden This section is not applicable.

6( g) Burden Statement The public reporting and record keeping burden is estimated to be 100,000 hours and $ 2.8 million annually ( 300,000 hours and $ 8.4 million for the three year period).

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to: Director, Office of Environmental Information, Collection Strategies Division ( 2822), U. S. Environmental Protection Agency, 1200 Pennsylvania Ave, NW, Washington D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D. C. 20503, " Attn: Desk Officer for the EPA." 13 Exhibit 1 LOCAL AGENCIES BURDEN AND COSTS Annualized Three Year Hours Dollars Hours Dollars Reading Room 67,000 $ 1.8 million 201,000 $ 5.3 million Covered Person Request 500 $ 18,000 1,500 $ 54,000 Public Meeting 12,000 $ 375,000 36,000 $ 1.1 million Equipment $ 113,000 $ 339,000 Mailing $ 250 $ 750 Total 80,000 $ 2.3 million 238,500 $ 6.9 million 14 Exhibit 2 STATE AGENCIES COST AND BURDEN Annualized Three Year Hours Dollars Hours Dollars Reading Room 5,900 $ 154,000 18,000 $ 463,000 VZIS Training 200 $ 5,900 700 $ 18,000 Covered Person Request 18 $ 700 50 $ 2,000 Equipment $ 12,000 $ 35,000 Mailing $ 8 $ 25 Total 6,000 $ 173,000 18,000 $ 519,000 15 Exhibit 3 FEDERAL GOVERNMENT BURDEN AND COSTS Annualized Annualized Hours Dollars Hours Dollars Reading Room 22,000 900,000 67,000 $ 2.1 million Supplying OCA Data to State/ Local 500 $ 24,000 1,500 $ 71,000 VZIS 7,000 $ 307,000 21,000 $ 923,000 Total 30,000 $ 1 million 90,000 $ 3.1 million 16 Exhibit 4 PUBLIC BURDEN AND COSTS Annual 3 Year Hours Dollars Hours Dollars Reading Rm. 9,600 $ 203,000 29,000 $ 608,000 VZIS 4,300 $ 90,000 13,000 $ 270,000 Total 14,000 $ 293,000 42,000 $ 879,000


[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64513-64515]
[FR Doc No: 2023-20153]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0035]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 21 individuals from the
requirement in the Federal Motor Carrier Safety Regulations (FMCSRs)
that interstate commercial motor vehicle (CMV) drivers have ``no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause loss of consciousness or any
loss of ability to control a CMV.'' The exemptions enable these

individuals who have had one or more seizures and are taking anti-
seizure medication to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on September 10, 2023. The
exemptions expire on September 10, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, (FMCSA-2023-0035) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On August 3, 2023, FMCSA published a notice announcing receipt of
applications from 21 individuals requesting an exemption from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) and
requested comments from the public (88 FR 51395). The public comment
period ended on September 5, 2023, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes allow the Agency to renew exemptions at the end
of the 5-year period. However, FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on the 2007 recommendations of the Agency's Medical Expert Panel.
The Agency conducted an individualized assessment of each applicant's
medical information, including the root cause of the respective
seizure(s) and medical information about the applicant's seizure
history, the length of time that has elapsed since the individual's
last seizure, the stability of each individual's treatment regimen and
the duration of time on or off of anti-seizure medication. In addition,
the Agency reviewed the treating clinician's medical opinion related to
the ability of the driver to safely operate a CMV with a history of
seizure and each applicant's driving record found in the Commercial
Driver's License Information System for commercial driver's license
(CDL) holders, and interstate and intrastate inspections recorded in
the Motor Carrier Management Information System. For non-CDL holders,
the Agency reviewed the driving records from the State Driver's
Licensing Agency. A summary of each applicant's seizure history was
discussed in the August 3, 2023, Federal Register notice (88 FR 51396)
and will not be repeated in this notice.
    These 21 applicants have been seizure-free over a range of 50 years
while taking anti-seizure medication and maintained a stable medication
treatment regimen for the last 2 years. In each case, the applicant's
treating physician verified his or her seizure history and supports the
ability to drive commercially.
    The Agency acknowledges the potential consequences of a driver
experiencing a seizure while operating a CMV. However, the Agency
believes the drivers granted this exemption have demonstrated that they
are unlikely to have a seizure and their medical condition does not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the epilepsy and seizure disorder prohibition in Sec.
391.41(b)(8) would likely achieve a level of safety equal to that
existing without the exemption, consistent with the applicable standard
in 49 U.S.C. 31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must remain seizure-free and maintain a stable treatment
during the 2-year exemption period; (2) each driver must submit annual
reports from their treating physicians attesting to the stability of
treatment and that the driver has remained seizure-free; (3) each
driver must undergo an annual medical examination by a certified ME, as
defined by Sec.  390.5T; and (4) each driver must provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy of his/her driver's
qualification file if he/she is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 21 exemption applications, FMCSA
exempts the following drivers from the epilepsy and seizure disorder
prohibition in Sec.  391.41(b)(8), subject to the requirements cited
above:

Ashley Aucion (LA)
Colby Banks (NC)
Christopher Beaver (PA)
Emil Bigler (UT)
Timothy Brinkman (NE)
Alexander Carestia (NC)
Kelly Craft (MN)
Nathan Gager (MN)
Kenneth Gradoville (NE)
Winterhawk Hunter (NV)
Donald Huntley (OH)
Samuel Isenberg (PA)
Thomas Kepler (MO)
Brian Manning (NJ)
Devin McKain (IN)
Jacob McNally (CT)
Chris McNamara (NH)
oseph Pitts (SC)
Joshua Ross (DE)
Shawn Springer (MN)
Ryan Webb (MI)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-20153 Filed 9-18-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]
[Page 76025-76026]
[DOCID:fr15de08-46]

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

[EPA-HQ-OPP-2008-0255; FRL-8751-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Foreign Purchaser Acknowledgment
Statement of Unregistered Pesticides; EPA ICR No. 0161.11, OMB Control
No. 2070-0027

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been

forwarded to the Office of Management and Budget (OMB) for review and
approval. This is a request to renew an existing approved collection.
The ICR, which is abstracted below, describes the nature of the
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 14,
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2008-0255, to (1) EPA online using http://www.regulations.gov (our
preferred method), by mail--Office of Pesticide Programs (OPP),
Regulatory Public Docket (7502P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to:
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Nathanael R. Martin, Field and
External Affairs Division, Office of Pesticide Programs, 7506P,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 703-
305-5884; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On June 11, 2008 (73 FR 33081) EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received one comment on this ICR
during the 60-day comment period and addressed them in the ICR. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2008-0255, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the OPP Regulatory
Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: Foreign Purchaser Acknowledgment Statement of Unregistered
Pesticides
    ICR numbers: EPA ICR No. 0161.11, OMB Control No. 2070-0027.
    ICR Status: This ICR is scheduled to expire on February 28, 2009.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This information collection program is designed to enable
EPA to provide notice to foreign purchasers of unregistered pesticides
exported from the United States that the pesticide product cannot be
sold in the United States. Section 17(a)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) requires an exporter of any
pesticide not registered under FIFRA section 3 or sold under FIFRA
section 6(a)(1) to obtain a signed statement from the foreign purchaser
acknowledging that the purchaser is aware that the pesticide is not
registered for use in, and cannot be sold in, the United States. A copy
of this statement must be transmitted to an appropriate official of the
government in the importing country. The purpose of the purchaser
acknowledgment statement requirement is to notify the government of the
importing country that a pesticide judged hazardous to human health or
the environment, or for which no such hazard assessment has been made,
will be imported into that country. This information is submitted in
the form of annual or per-shipment statements to EPA, which maintains
original records and transmits copies thereof to appropriate government
officials of the countries which are importing the pesticides. Pursuant
to 40 CFR part 168, responses to this collection of information are
mandatory.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.06
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; 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.
    Respondents/Affected Entities: Manufacturers of pesticides and
other agricultural chemicals, exporters of unregistered pesticide
products.
    Estimated No. of Respondents: 50.
    Frequency of Collection: On occasion.
    Estimated Total Annual Hour Burden: 24,492 hours.
    Estimated Total Annual Labor Costs: $1,574,306.
    Changes in Burden Estimates: The total estimated annual respondent
burden for this ICR renewal is 24,492 hours, a reduction of 208 hours
from the 24,700 total estimated burden hours in the currently-approved
ICR. This change is an adjustment and reflects a decrease in the
estimated average annual number of Foreign Purchaser Acknowledgment
Statements that will be submitted to EPA.

    Dated: December 8, 2008.
John Moses,
Acting Director, Collection Strategies Division.
 [FR Doc. E8-29637 Filed 12-12-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70345-70346]
[FR Doc No: 2011-29238]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0985]

Drawbridge Operation Regulation; Gulf Intracoastal Waterway, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Lapalco Boulevard bascule span drawbridge across the Harvey Canal
Route, Gulf Intracoastal Waterway (GIWW), mile 2.8 at Harvey, Jefferson
Parish, Louisiana. The deviation is necessary to allow for the cleaning
and painting of bridge. This deviation allows the bridge to remain
closed during the day Monday through Saturday for three months.

DATES: This deviation is effective from 6:30 a.m. on Monday, December
5, 2011 until 5:45 p.m. on Saturday, March 3, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0985 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0985 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email David Frank, Bridge Administration Branch; telephone
(504) 671-2128, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Jefferson Parish has requested a temporary
deviation from the operating schedule for the Bascule Span Bridge
across the Harvey Canal Route, Intracoastal Waterway, mile 2.8 at
Harvey, Jefferson Parish, Louisiana. The bridge has a vertical
clearance of 45 feet above mean high water in the closed-to-navigation
position and unlimited in the open-to-navigation position; however,
during the deviation time periods, the vertical clearance beneath the
bridge will be reduced to 35 feet above mean high water.
    In accordance with Title 33 CFR 117.451(a), the bridge currently
opens on signal for the passage of vessels; except that, from 6:30 a.m.
to 8:30 a.m. and from 3:45 p.m. to 5:45 p.m. Monday through Friday
except holidays, the draw need not be opened for the passage of
vessels. This deviation allows the bridge to remain closed to
navigation from 6:30 a.m. until 5:45 p.m. Monday through Saturday from
Monday, December 5, 2011 through Saturday, March 3, 2012. At all other
times, the bridge will open on signal for the passage of vessels in
accordance with Title 33 CFR 117.451(a). Additionally, from Saturday,
December 20, 2011 through Tuesday, January 3, 2012, the contractor will
not work and the bridge will operate in accordance with Title 33 CFR
117.451(a).
    The closure is necessary in order to clean and repaint the steel
surfaces of the bridge. This maintenance is essential for the continued
operation of the bridge. Notices will be published in the Eighth Coast
Guard District Local Notice to Mariners and will be broadcast via the
Coast Guard Broadcast Notice to Mariners System.
    Navigation on the waterway consists mainly of tugs with tows with
some commercial fishing vessels and recreational craft. Coordination
between the Coast Guard and the waterway users determined that there
should not be any significant effects on these vessels. An alternate
route is available via the GIWW (Algiers Alternate Route). The bridge
can open during the maintenance for emergencies. Opening the bridge
will take approximately 90 minutes to remove the tarps and equipment as
required to open the bridge.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: October 18, 2011.
David M. Frank,
Bridge Administrator.
[FR Doc. 2011-29238 Filed 11-10-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 5, 2008 (Volume 73, Number 151)]
[Notices]
[Page 45431-45432]
[DOCID:fr05au08-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

July 28, 2008.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: CP07-207-002.
    Applicants: Colorado Interstate Gas Co.
    Description: Colorado Interstate Gas Company submits Petition to
Amend the Certificate of Public Convenience and Necessity Issued for
the High Plains Expansion Project.
    Filed Date: 06/27/2008.
    Accession Number: 20080627-5125.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 4, 2008.

    Docket Numbers: RP08-453-000.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Company submits
Fourteenth Revised Sheet 374 to FERC Gas Tariff, Second Revised Volume
1, to be effective 6/30/08.
    Filed Date: 07/25/2008.
    Accession Number: 20080728-0019.
    Comment Date: 5 p.m. Eastern Time on Wednesday, August 6, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or

call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-17870 Filed 8-4-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Page 95134]
[FR Doc No: 2016-31167]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2013-0340; FRL-9954-98-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Stationary Reciprocating Internal
Combustion Engines (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Stationary
Reciprocating Internal Combustion Engines (40 CFR part 63, subpart
ZZZZ) (Renewal)'' (EPA ICR No. 1975.10, OMB Control No. 2060-0548), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through December 31, 2016. Public comments were previously requested
via the Federal Register (81 FR 26546) on May 3, 2016 during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may neither conduct
nor sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before January 26,
2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2013-0318, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: Owners and operators of affected facilities are required
to comply with reporting and record keeping requirements for the
General Provisions (40 CFR part 63, subpart A), as well as the specific
requirements at 40 CFR part 63, subpart ZZZZ. This includes submitting
initial notifications, performance tests and periodic reports and
results, and maintaining 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 reports are used by EPA to determine compliance with
the standards.
    Form Numbers: None.
    Respondents/affected entities: Owners or operators of stationary
reciprocating internal combustion engines (RICE).
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart ZZZZ).
    Estimated number of respondents: 906,640 (total).
    Frequency of response: Initially, quarterly, semiannually, and
annually.
    Total estimated burden: 3,610,000 hours (per year). Burden is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $407,000,000 (per year), includes $35,100,000
in annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: There is an overall increase in burden
and cost in this ICR compared to the previous ICR. The increase is not
due to program changes; rather, it occurred because of an estimated
increase in the total number of sources subject to the rule since the
last ICR renewal. EPA estimates a linear growth in the industry sector
with an additional of 1,284 new sources per year that become subject to
the NESHAP.

Spencer Clark,
Acting Director, Regulatory Support Division.
[FR Doc. 2016-31167 Filed 12-23-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18989-18990]
[FR Doc No: 2017-08260]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0161]

Drawbridge Operation Regulation; Canaveral Barge Canal,
Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation with request for
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 401 Drawbridge, mile 5.5 at Port
Canaveral, Florida. This deviation is necessary to reduce vehicular
traffic congestion and to ensure the safety of the roadways while
passengers are transiting to and from Cruise Terminal 10, which is used
by Norwegian Cruise Line at Port Canaveral. Since the arrival of the
cruise ship Norwegian Epic to the Port of Canaveral, massive traffic
back-ups have been caused by the drawbridge openings. This deviation
allows the bridge to not open to navigation during prime cruise ship
passenger loading and unloading times on Saturdays.

DATES: This deviation is effective from April 25, 2017 until October
23, 2017. Submit comments by June 26, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0161] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation. We encourage you to submit comments
through the Federal eRulemaking Portal at http://www.regulations.gov.
If your material cannot be submitted using http://www.regulations.gov,
contact Mr. Michael Lieberum with the Seventh Coast Guard District
Bridge Office; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>for alternate instructions.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Michael Lieberum with the
Seventh Coast Guard District Bridge Office; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Canaveral Port Authority, with
concurrence from the bridge owner, Florida Department of Transportation
have requested the Coast Guard consider changing the regulation of the
SR401 Bridge across the Canaveral Barge Canal, Port Canaveral, FL to
allow the bridge to not open to navigation from 11 a.m. to 2 p.m. on
Saturdays. The current operating regulation is under 33 CFR 117.273.
The bridge logs (insert the time period of the reviewed bridge logs)
indicate that, at most, approximately nine vessels may be affected by
establishing this three hour bridge closure on Saturdays. The majority
of the opening requests were either at the beginning or end of this
closure period; therefore, by adjusting their transits slightly there
should be a negligible overall effect. This deviation is effective from
April 25, 2017 until October 23, 2017. The Coast Guard will continue to
evaluate the impact to mariners navigating this area during the closure
periods and has requested comments be submitted during the first 60
days of this deviation.

    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass through the
bridge in closed positions. The Coast Guard will also inform the users
of the waterways through Local and Broadcast Notices to Mariners of the
change in operating schedule for the bridge so that vessel operators
can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this notice of deviation, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.

    Dated: April 19, 2017.
Barry Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2017-08260 Filed 4-24-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Pages 4095-4097]
[FR Doc No: 2022-01459]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94017; No. SR-NYSEArca-2022-03]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Options Fee Schedule To Cap Certain Port Fees

January 20, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 14, 2022, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(the ``Fee Schedule'') to cap certain port fees in connection with the
Exchange's migration to a new trading platform. The proposed rule
change is available on the Exchange's website at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule to cap
certain port fees during the Exchange's migration of options trading to
a new electronic trading platform.
    Currently, the Exchange conducts options trading on an electronic
platform known as ``OX.'' OX refers to the Exchange's electronic order
delivery, execution, and reporting system for designated option issues
through which orders and quotes of Users are consolidated for execution
and/or display.\4\
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    \4\ See NYSE Arca Rule 6.1A-O(a)(13).
---------------------------------------------------------------------------

    On or about February 7, 2022, the Exchange anticipates beginning
the migration of its options trading to a new technology platform known
as Pillar.\5\ The Exchange proposes to adopt a cap on the monthly fees
assessed for the use of certain ports connecting to the Exchange, which
will go into effect on the day the Exchange commences its migration to
the Pillar platform and remain in effect until the end of the month in
which the migration is completed (the ``Migration Period'').
---------------------------------------------------------------------------

    \5\ The Exchange has announced that, pending regulatory
approval, it will begin migrating Exchange-listed options to Pillar
on February 7, 2022, available here: https://w0ww.nyse.com/trader-update/history#110000387355. See also Securities Exchange Act
Release No. 92304 (June 30, 2021), 86 FR 36440 (July 9, 2021) (SR-
NYSEArca-2021-47) (Notice of Filing of Proposed Rule Change for New
Rules 6.1P-O, 6.37AP-O, 6.40P-O, 6.41P-O, 6.62P-O, 6.64P-O, 6.76P-O,
and 6.76AP-O and Amendments to Rules 1.1, 6.1-O, 6.1A-O, 6.37-O,
6.65A-O and 6.96-O) and Amendment No. 2 to SR-NYSEArca-2021-47,
available here: https://www.sec.gov/comments/sr-nysearca-2021-47/srnysearca202147-20109876-264219.pdf.
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to cap the monthly fees charged
to an OTP Holder or OTP Firm (collectively, ``OTP Holders'') for the
use of Order/Quote Entry Ports, Quote Takedown Ports, and Drop Copy
Ports (collectively, the ``Port Fees'') during the Migration Period
(the ``Migration Cap''). The Migration Cap will be based on the number
of ports an OTP Holder is billed for in the month preceding the
beginning of the Exchange's migration to the Pillar platform, except
that if an OTP Holder reduces the number of ports used during the
Migration Period (i.e., incurs Port Fees below the Migration Cap), the
OTP Holder would only be billed for the actual number of ports used.
    Without this proposed rule change, the Fee Schedule provides that
OTP Holders would be charged for the use of both legacy OX platform
ports and new Pillar platform ports, which could significantly increase
costs to OTP Holders during the Migration Period. Thus, the proposed
Migration Cap is intended to encourage OTP Holders to maintain the same
levels of interaction with Exchange during the Migration Period, as
well as promptly migrate to the more efficient Pillar technology
platform, without incurring additional Port Fees as a result of the
transition.\6\
---------------------------------------------------------------------------

    \6\ The Exchange notes that the NYSE Arca Equities exchange
adopted a similar fee cap in connection with its migration to the
Pillar technology platform in 2017 so that its member organizations
would not incur additional charges during the transition period. See
Securities Exchange Act Release No. 81573 (September 11, 2017), 82
FR 43430 (September 15, 2017) (SR-NYSEArca-2017-97) (providing for a
temporary cap on monthly fees for use of ports during Pillar
transition).
---------------------------------------------------------------------------

    The Exchange proposes to implement this fee change on the day it
commences its migration to the Pillar technology platform.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections

6(b)(4) and (5) of the Act,\8\ in particular, because it provides for
the equitable allocation of reasonable dues, fees, and other charges
among its members, issuers and other persons using its facilities and
does not unfairly discriminate between customers, issuers, brokers or
dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

The Proposed Rule Change Is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. In Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' \9\
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    \9\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (S7-10-04) (``Reg NMS
Adopting Release'').
---------------------------------------------------------------------------

    There are currently 16 registered options exchanges competing for
order flow. Based on publicly-available information, and excluding
index-based options, no single exchange has more than 16% of the market
share of executed volume of multiply-listed equity and ETF options
trades.\10\ Therefore, currently no exchange possesses significant
pricing power in the execution of multiply-listed equity and ETF
options order flow. More specifically, in November 2021, the Exchange
had less than 13% market share of executed volume of multiply-listed
equity and ETF options trades.\11\
---------------------------------------------------------------------------

    \10\ The OCC publishes options and futures volume in a variety
of formats, including daily and monthly volume by exchange,
available here: https://www.theocc.com/Market-Data/Market-Data-Reports/Volume-and-Open-Interest/Monthly-Weekly-Volume-Statistics.
    \11\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in equity-based options increased
from 10.35% for the month of November 2020 to 12.99% for the month
of November 2021.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue or reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain options exchange fees, including fees for connectivity.
    The Exchange believes that the proposed Migration Cap is reasonably
designed to continue to incent OTP Holders to maintain sufficient
active connections to the Exchange during its migration to a new
trading platform. Without the proposed change, OTP Holders would be
subject to fees for the use of both legacy ports and the new ports
using Pillar technology during the Migration Period. Accordingly, the
Exchange believes that the proposed Migration Cap is reasonably
designed to lessen the impact of the migration on OTP Holders and will
thus encourage OTP Holders to both promptly transition to the more
efficient Pillar technology platform and maintain their current level
of trading activity on the Exchange.
    To the extent the proposed rule change encourages OTP Holders to
migrate to the new Pillar technology platform while maintaining their
level of trading activity, the Exchange believes the proposed change
would sustain the Exchange's overall competitiveness and its market
quality for all market participants. In the backdrop of the competitive
environment in which the Exchange operates, the proposed rule change is
a reasonable attempt by the Exchange to mitigate the expense of the
migration without affecting its competitiveness.
The Proposed Rule Change Is an Equitable Allocation of Credits and Fees
    The Exchange believes the proposed change is an equitable
allocation of its fees and credits because the Migration Cap, which
would apply equally to all OTP Holders, would be calculated based on
the number of ports each OTP Holder uses. OTP Holders can opt to adjust
their port usage, if desired, in advance of the Migration Period, and
to the extent OTP Holders choose to use fewer ports during the
Migration Period (i.e., incur Port Fees below the Migration Cap), their
Port Fees would be reduced accordingly. Thus, the Exchange believes the
proposed rule change would facilitate a smooth transition to the Pillar
technology platform for OTP Holders and mitigate the impact of the
migration process for all market participants on the Exchange, thereby
sustaining market-wide quality.
The Proposed Rule Change Is Not Unfairly Discriminatory
    The Exchange believes the Migration Cap is not unfairly
discriminatory because it would be available to all similarly-situated
market participants on an equal and non-discriminatory basis.
    The proposed Migration Cap would be based on an OTP Holder's Port
Fees billed for the month preceding the beginning of the Exchange's
migration to the Pillar technology platform and would be adjusted to
the extent an OTP Holder chooses to utilize fewer such ports during the
Migration Period. The Exchange believes that the Migration Cap will
permit OTP Holders to maintain the same level of interaction with
Exchange systems during the Migration Period without incurring
additional Port Fees as a result of the transition from OX to the
Pillar technology platform. The Exchange also believes that the
Migration Cap would allow OTP Holders to maintain their existing level
of connectivity to the Exchange at no additional cost during the
Migration Period, thereby supporting continued trading opportunities
for all market participants, which would promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system and, in general,
protect investors and the public interest.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.

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

    In accordance with Section 6(b)(8) of the Act, the Exchange does
not believe that the proposed rule change would impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for all market participants. As a result, the Exchange believes that
the proposed change furthers the Commission's goal in adopting
Regulation NMS of fostering integrated competition among orders, which
promotes ``more efficient pricing of individual stocks for all types of
orders, large and small.'' \12\
---------------------------------------------------------------------------

    \12\ See Reg NMS Adopting Release, supra note 9, at 37499.
---------------------------------------------------------------------------

    Intramarket Competition. The Exchange does not believe the proposed
rule change would impose any burden on intramarket competition that is
not necessary or appropriate because it would apply equally to all OTP
Holders. All OTP Holders, regardless of the number of ports they
utilize, will be eligible for the Migration Cap beginning on the day
the Exchange commences its

migration to the Pillar technology platform through the end of the
Migration Period.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily favor one
of the 16 competing option exchanges if they deem fee levels at a
particular venue to be excessive. In such an environment, the Exchange
must continually adjust its fees to remain competitive with other
exchanges and to attract order flow to the Exchange. Based on publicly-
available information, and excluding index-based options, no single
exchange has more than 16% of the market share of executed volume of
multiply-listed equity and ETF options trades.\13\ Therefore, currently
no exchange possesses significant pricing power in the execution of
multiply-listed equity & ETF options order flow. More specifically, in
November 2021, the Exchange had less than 13% market share of executed
volume of multiply-listed equity and ETF options trades.\14\
---------------------------------------------------------------------------

    \13\ See supra note 10.
    \14\ Based on a compilation of OCC data for monthly volume of
equity-based options and monthly volume of ETF-based options, see
id., the Exchange's market share in equity-based options increased
from 10.35% for the month of November 2020 to 12.99% for the month
of November 2021.
---------------------------------------------------------------------------

    The Exchange does not believe the proposed rule change would impose
any burden on intermarket competition that is not necessary or
appropriate because the Exchange operates in a highly competitive
market in which market participants can readily choose to send their
orders to other exchanges if they deem fee levels at those other venues
to be more favorable. The Exchange believes that fees for connectivity
are constrained by the robust competition for order flow among
exchanges. Accordingly, the Exchange believes that the proposed
Migration Cap would continue to make the Exchange a competitive venue
for order execution by enabling OTP Holders to maintain their current
levels of interaction with the Exchange during the Migration Period
without incurring additional Port Fees and facilitating OTP Holders'
migration to the newer, more efficient Pillar technology platform.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \15\ of the Act and subparagraph (f)(2) of Rule
19b-4 \16\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \17\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSEArca-2022-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2022-03. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2022-03, and should be
submitted on or before February 16, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-01459 Filed 1-25-22; 8:45 am]
BILLING CODE 8011-01-P