[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Page 58424]
[FR Doc No: 2012-23316]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Enwin Resources, Inc., Order of Suspension of Trading

September 18, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Enwin Resources, Inc. because it has not filed any periodic reports
since the period ended May 31, 2009.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed company is suspended for
the period from 9:30 a.m. EDT on September 18, 2012 through 11:59 p.m.
EDT on October 1, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-23316 Filed 9-18-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34797-34799]
[FR Doc No: 2022-11581]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2021-0809; FRL-9579-02-R8]

Approval and Promulgation of Implementation Plans; Montana;
Thompson Falls PM10 Nonattainment Area Limited Maintenance Plan and
Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Limited Maintenance Plan (LMP) submitted by the State of Montana to EPA
on November 4, 2021, for the Thompson Falls Moderate nonattainment area
(NAA) for particulate matter with an aerodynamic diameter less than or
equal to a nominal 10 micrometers (PM10) and concurrently
redesignating the NAA to attainment for the 24-hour PM10
National Ambient Air Quality Standard (NAAQS). In order to approve the
LMP and redesignation, EPA determined that the Thompson Falls NAA has
attained the 1987 24-hour PM10 NAAQS of 150 [mu]g/m\3\. This
determination is based upon monitored air quality data for the
PM10 NAAQS during the years 2015 through 2020. The EPA is
taking this action pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on July 8, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0809. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air and Radiation
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail
Code 8P-ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
telephone number:<PHONE_NUMBER>, email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our March
8, 2022 proposal (87 FR 12905). In that document, we proposed to
approve the LMP for the Thompson Falls NAA and the State's request to
redesignate the Thompson Falls NAA from nonattainment to attainment for
the 1987 24-hour PM10 NAAQS. Additionally, we proposed to
determine that the Thompson Falls NAA has attained the NAAQS for
PM10. That determination was based upon monitored air
quality data for the PM10 NAAQS during the years 2015
through 2020. Finally, in our March 8, 2022 proposal, EPA proposed to
approve the Thompson Falls LMP as meeting the appropriate
transportation conformity requirements found in 40 CFR part 93, subpart
A.
    The public comment period on the EPA's proposed rule opened on
March 8, 2022, the date of its publication in the Federal Register (87
FR 12905) and closed on April 7, 2022. During this comment period we
received no comments on our proposal.

II. Environmental Justice Considerations

    As discussed on the proposed rule, to identify environmental
burdens and susceptible populations in underserved communities in the
Thompson Falls area, we performed a screening-level analysis using the
EPA's environmental justice (EJ) screening and mapping tool
(``EJSCREEN'').\1\ The results of this screening level analysis are
described in our proposed rule (87 FR 12905). This action addresses a
plan for continued attainment of the 1987 PM10 NAAQS for the
Thompson Falls area. Approval of this plan does not impose any
additional regulatory requirements on sources beyond those imposed by
state law. As discussed in our proposed rule, Montana has demonstrated
that the Thompson Falls area is attaining the 1987 PM10
NAAQS and the Thompson Falls Maintenance Plan provides for the
maintenance of the NAAQS for 10 years beyond redesignation. For these
reasons, this action will not result in disproportionately high and
adverse human health or environmental effects on communities with
environmental justice concerns.
---------------------------------------------------------------------------

    \1\ See `Thompson Falls MT NAA EJSCREEN Report' document
available in docket.
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III. Final Action

    For the reasons explained in our proposed action, we are approving
the LMP for the Thompson Falls NAA and the State's request to
redesignate the Thompson Falls NAA from nonattainment to attainment for
the 1987 24-hour PM10 NAAQS. Additionally, the EPA is
determining that the Thompson Falls NAA has attained the NAAQS for
PM10. This determination is based upon monitored

air quality data for the PM10 NAAQS during the years 2015
through 2020. The EPA is approving that the Thompson Falls LMP as
meeting the appropriate transportation conformity requirements found in
40 CFR part 93, subpart A.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 8, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
and Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 24, 2022.
K.C. Becker,
Regional Administrator, Region 8.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart BB--Montana

0
2. In Sec.  52.1370, the table in paragraph (e) is amended by adding
the entry ``Thompson Falls 1987 PM10 Limited Maintenance
Plan'' under the heading entitled ``(7) Sanders County'' at the end of
the section to read as follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                         Notice of
                    Title/subject                          State        final rule           NFR citation
                                                      effective date       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               (7) Sanders County
----------------------------------------------------------------------------------------------------------------
Thompson Falls 1987 PM10 Limited Maintenance Plan...  ..............        6/8/2022  [insert Federal Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  52.1374, add paragraph (h) to read as follows:

Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (h) On November 4, 2021, the State of Montana submitted limited
maintenance plans for the Thompson Falls PM10 nonattaiment
areas and requested that this area be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation request and limited maintenance plans satisfy all
applicable requirements of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. In Sec.  81.327, the table entitled ``Montana-PM-10'' is amended by
revising the entries ``Sanders County (part)'' and ``Thompson Falls and
vicinity'' to read as follows:

Sec.  81.327  Montana.

* * * * *

                                                 Montana--PM-10
----------------------------------------------------------------------------------------------------------------
                                                     Designation                          Classification
          Designated area          -----------------------------------------------------------------------------
                                             Date                   Type               Date            Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sanders County (part).............  7/8/2022.............  Attainment...........
Thompson Falls and vicinity:
 Including the following Sections:
 R29W, T21N--Sections 5, 6, 7, 8,
 9, 10, 15, and 16.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2022-11581 Filed 6-7-22; 8:45 am]
BILLING CODE 6560-50-P


For the 2000 Radionuclides Rule, annual State burden is estimated to be 0.008 million hours. The annual State burden is based on burden assumptions contained in the September 2000 Radionuclides ICR. Burden is calculated for primacy agency staff for both startup and monitoring activities. Monitoring burden is derived based on recordkeeping, reporting, and compliance tracking and analysis requirements for each 1,000 analyses conducted by PWSs. Section 6( f) describes the reasons for changes between the radionuclides burden reported in the 1993 PWSS Program ICR and the DDBP/ Chem/ Rads ICR. Calculations for cost and burden for the 2000 Rule are included in Appendix I.

5) Total Trihalomethanes Rule Implementation of the TTHM Rule is expected to result in an annual State burden of 0.008 million hours. The burden is for recordkeeping activities associated with monitoring conducted by systems serving at least 10,000 people that takes place during 2002 and 2003. No burden for 2004 is calculated for the TTHM Rule because the Stage 1 DBPR completely absorbs the TTHM requirements and expands them to address NTNCWSs and systems serving fewer than 10,000 people.

Section 6( f) describes the reasons for changes between the TTHM burden reported in the 1993 PWSS Program ICR and the DDBP/ Chem/ Rads ICR. Appendix J summarizes the assumptions used to calculate the TTHM Rule burden and provides detailed burden and cost calculations. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 58 6) Disinfectant Residual Monitoring and Associated Activities for under SWTR As stated previously, this ICR includes burden estimates for only the disinfection residual monitoring and associated activity components of the SWTR. The Microbial ICR addresses the burden and costs for the other SWTR requirements. Implementation of the SWTR disinfection residual monitoring is expected to result in an annual State burden of 0.25 million hours. Included in this estimate is burden associated with reviewing data forC

Distribution system residual monitoring.

Calculation of inactivation ratio using CT values.

Measurement of pH and temperature, as necessary to meet requirements.

Entry point residual monitoring for filtered systems.

Entry point residual monitoring for unfiltered systems.

Estimates for primacy agency burden for the SWTR are based on State Workload Model assumptions carried forward from the 1993 PWSS Program ICR. Section 6( f) describes the reasons for changes between the burden reported in the 1993 PWSS Program ICR and the DDBP/ Chem/ Rads ICR.

6( b) Respondent Costs 6( b)( i) Cost to Public Water Systems Exhibit 7 shows the total costs for PWSs over the 3 year ICR period. Annual costs are estimated at approximately $ 208.8 million, which consists of $ 142.2 million in operation and maintenance ( O& M) costs, $ 6.3 million in capital costs, and $ 60.3 million in labor costs.

Labor costs are based on the number of burden hours times the average hourly wage rate, including overhead. The average hourly wage rate is the rate quoted by the Bureau of Labor Statistics ( BLS) for SIC Code 51 8031, " Local GovernmentCWater and Liquid Waste Treatment Plant and System Operators." The quoted rate was $ 14.69 in 1999 dollars ( see http:// stats. bls. gov). For consistency, this rate has been inflated to September 2000 dollars using the Employment Cost Index. The inflated rate is $ 15.02. In addition, 60 percent overhead was assumed, bringing the loaded rate to $ 24.03 in September 2000 dollars.

In addition to labor costs, there are O& M costs associated with the each of the rules covered by this ICR. These O& M costs reflect non labor costs associated with sample analysis for each of the rules. These costs vary by rule according to the frequency and cost of a particular analysis.

In addition to O& M costs, the requirements of one rule ( SWTR) result in capital costs to affected PWSs. Capital costs are incurred to buy and replace monitoring equipment necessary for on site analysis of disinfectant residuals and water pH. Capital costs are based on vendor estimates for both in line and portable equipment, as required by regulations. Equipment costs Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 25 According to the ICR Handbook, an employee works an average of 2,080 hours in one year.

59 are based on a 7 year replacement cycle. Details on both the capital and O& M costs for the analyses associated with each rule can be found in Appendices F through K.

6( b)( ii) Cost to Primacy Agencies Exhibit 8 shows that the annual cost to primacy agencies are estimated at approximately $ 52.9 million, which is comprised exclusively of labor costs. The labor costs are based on an average full time equivalent ( FTE) cost of $ 60,086 including overhead, which equates to approximately $ 28.89 per hour. 25 This rate, which has been inflated to year 2000 dollars, is based on the rate ($ 55,000) suggested by the workgroup that developed the State Workload Model in 1997.

There are no primacy agency O& M or capital costs associated with this ICR. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 60 Exhibit 7 Annual PWS Burden and Cost 2002 2004 Activity Annual Burden Hours Cost Annual Responses Annual Labor Cost ($ K) Annual O& M Cost ($ K) Annual Capital Cost ($ K) Total Annual Cost ($ K)

Stage 1 DBPR 632,610 $ 15,199 $ 30,604 $ 0 $ 45,803 1,031,648 Chemical Phases ( including Nitrate/ Nitrite) 456,785 $ 10,977 $ 64,461 $ 0 $ 75,438 489,851 UCMR 6,537 $ 157 $ 4,390 $ 0 $ 4,547 2,404 1976 Radionuclides 9,377 $ 225 $ 1,273 $ 0 $ 1,499 18,753 2000 Radionuclides 227,461 $ 5,607 $ 6,060 $ 0 $ 11,667 94,635 TTHM Rule 20,190 $ 485 $ 2,221 $ 0 $ 2,706 20,190 SWTR ( disinfectant residuals and associated activities only) 1,153,060 $ 27,703 $ 33,163 $ 6,286 $ 67,152 13,553 TOTAL 2,506,020 $ 60,353 $ 142,172 $ 6,286 $ 208,812 1,671,034 Note: Detail may not add exactly to totals due to independent rounding. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 61 Exhibit 8 Annual Primacy Agency Burden and Cost 2002 2004 Activity Annual Burden Hours Cost Annual Responses Annual Labor Cost ($ K) Annual O& M Cost ($ K) Annual Capital Cost ($ K) Total Annual Cost ($ K)

Stage 1 DBPR 168,686 $ 4,873 $ 0 $ 0 $ 4,873 106,019 Chemical Phases ( including Nitrate/ Nitrite) 1,382,742 $ 39,947 $ 0 $ 0 $ 39,947 630,464 UCMR 8,925 $ 258 $ 0 $ 0 $ 258 2,404 1976 Radionuclides 1,125 $ 33 $ 0 $ 0 $ 33 18,753 2000 Radionuclides 8,076 $ 233 $ 0 $ 0 $ 233 76,678 TTHM Rule 7,571 $ 219 $ 0 $ 0 $ 219 7,571 SWTR ( disinfectant residuals and associated activities only) 254,389 $ 7,349 $ 0 $ 0 $ 7,349 162,636 TOTAL 1,831,514 $ 52,912 $ 0 $ 0 $ 52,912 1,004,525 6( c) Agency Burden and Costs Burden and costs to the Federal government are incurred by EPA's drinking water program in Headquarters and EPA Regions to assist States in implementing drinking water regulations. EPA burden and costs for on going general activities for all EPA drinking water regulations ( not just those listed in this ICR) Burden and costs included in the PWSS Program ICR cover all cross cutting ( non rule specific) regulatory activities associated with compliance tracking, regulatory enforcement, and rule development activities. With the exception of the UCMR, there are no rule specific activities expected for EPA under any of the rules covered by this ICR.

EPA costs that are specific to the UCMR are included in this ICR. Specifically, EPA will be paying O& M costs for small system sampling analysis and consultants for setup and evaluation of the UCMR data monitoring protocol. These O& M costs are estimated to be $ 2.4 million Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 26 Source: SDWIS January 2001 Data Set, which reflects updates through September 2000.

27 This is a simplifying assumption. Primacy activities for Wyoming and the District of Columbia are actually implemented by the respective EPA Regional offices.

62 annually. In addition, EPA is expected to incur an annual burden of 13,549 hours to oversee the UCMR efforts at an annual labor cost of $ 555,000.

6( d) Estimating Respondent Universe and Total Burden and Costs Respondents for this ICR include both PWSs and States or other primacy agencies. This ICR estimates that the number of PWS respondents is 167,837 existing PWSs. 26 However, all PWSs are not necessarily subject to each of the information collection requirements contained in this ICR. The regulations associated with each rule identify the numbers and types of PWSs that are subject to each particular provision. In addition to the PWS respondents, this ICR assumes 57 primacy agencies ( 50 States plus D. C., U. S. Territories, and the Navajo Nation). 27 Therefore, the total number of respondents is 167,894.

The total costs and burden for these respondents are summarized in Exhibits 7 and 8. EPA costs and burden are detailed in Section 6( c).

6( e) Bottom Line Burden Hours and Costs The bottom line burden hours and costs appear in Exhibit 9. The total annual respondent burden associated with this ICR is estimated to be approximately 4.34 million hours. The total annual respondent costs are estimated to be $ 261.7 million. The total national burden, including respondent burden and EPA burden, is estimated to be 4.35 million hours annually. The total national cost, for respondents and EPA, is estimated to be $ 264.7 million annually.

The approximate annual O& M and capital costs are $ 148.5 million ($ 142.2 million for O& M and $ 6.3 million for capital). This represents the " cost burden" as reported in the OMB inventory. Note that these costs are for PWSs only; primacy agencies do not have capital or O& M costs associated with the rules in this ICR. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 28 This is the " cost burden" reported in the OMB inventory. Note that these costs are for PWSs only; primacy agencies do not have capital or O& M costs associated with the rules in this ICR.

63 Exhibit 9 Bottom Line Annual Burden and Cost 2002 2004 Annual Number of Respondents 167,894 = 167,837 + 57 Existing PWSs Primacy agencies Total Annual Responses 2,675,559 = 1,671,034 + 1,004,525 PWS responses ( see Exhibit 7) Primacy agency responses ( see Exhibit 8)

Number of Responses per Respondent 15.9 = 2,675,559 / 167,894 Total annual responses from above Total annual respondents from above Total Annual Respondent Hours 4,337,534 = 2,506,020 + 1,831,514 PWS hours ( see Exhibit 7) Primacy agency hours ( see Exhibit 8)

Hours per Response 1.6 = 4,337,534 / 2,675,559 Total annual respondent hours from above Total annual responses from above Annual O& M and Capital Cost28 $ 148,458k = $ 142,172k $ 6,286k Total PWS O& M costs Total PWS capital costs Total Annual Respondent Cost $ 261,724k = $ 208,812k + $ 52,912k For PWSs ( see Exhibit 7) For primacy agencies ( see Exhibit 8)

Total Annual Hours ( resp. plus Agency) 4,351,083 = 4,337,534 + 13,549 Total annual respondent hours from above Total EPA hours Total Annual Cost ( resp. plus Agency) $ 264,675k = $ 261,724k $ 2,951k Total annual respondent cost from above Total EPA cost 6( f) Reasons for Change in Burden This section presents the change in burden and explains the reasons for the change in burden. The discussion is divided into three parts

Section 6( f)( i) summarizes the restructuring adjustments being made to consolidate the burden for each of the regulations being incorporated into the DDBP/ Chem/ Rads ICR. See Exhibit 11.

Section 6( f)( ii) explains the correction of a discrepancy in the current OMB ICR inventory for the PWSS Program ICR. This discrepancy is a spreadsheet calculation error in the 1993 PWSS Program ICR that leads to an overestimation of the current annual burden inventory for chemical rule monitoring. See Exhibit 12. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 64

Section 6( f)( iii) summarizes other adjustments to the annual burden estimates associated with each rule incorporated into the DDBP/ Chem/ Rads ICR. See Exhibits 13 through 15.

Exhibit 10 summarizes how each of these changes has affected the overall burden inventory for the DDBP/ Chem/ Rads ICR.

Exhibit 10 Reasons for Change in Annual Burden ( Includes both PWS and Primacy Agency Burden)

Type of Change Change Running Total Comment Burden Estimated in the 1998 Stage 1 DBPR ICR 314,471 314,471 This burden serves as the baseline for the DDBP/ Chem/ Rads ICR.

Restructuring Adjustments C see Section 6( f)( i) 4,205,400 4,519,871 DDBP/ Chem/ Rads ICR inventory based on cumulative OMB inventory for current rule specific ICRs.

Correction of Calculation Error C see Section 6( f)( ii) ( 1,305,968) 3,213,903 Revised inventory after correction of calculation error.

Other Adjustments to Burden C see Section 6( f)( iii) 1,123,631 4,337,534 Burden for which EPA seeks approval in this ICR.

6( f)( i) Restructuring Adjustments Several restructuring adjustments are being made to consolidate the burden for each of the regulations being incorporated into the DDBP/ Chem/ Rads ICR. These adjustments are discussed below and summarized in Exhibit 11.

Burden associated with the Stage 1 Disinfectants and Disinfection Byproducts Rule. The annual burden estimated in the 1998 Stage 1 DBPR is 314,471 hours. This includes 21,367 annual burden hours for PWSs and 293,104 annual burden hours for primacy agencies ( Figure 2 of the 1998 Stage 1 DBPR ICR). This burden serves as the baseline burden for the DDBP/ Chem/ Rads ICR. The Stage 1 DBPR ICR is being renamed the DDBP/ Chem/ Rads ICR and will retain the OMB No. 2040 0204.

Burden associated with Chemical Monitoring. The 1993 PWSS ICR includes a total of 3,086,330 hours per year for Chemical Monitoring activities ( Phase I VOCs, Phase II SOCs, Phase II VOCs, Phase II IOCs, Phase IIB, Phase V IOCs, Phase V SOCs, Phase V VOCs, and the IOCs not re regulated under the " Phase" rules). This includes 1,694,663 hours for PWSs ( Exhibit 8 of the 1993 PWSS Program ICR) and 1,391,667 hours for primacy agencies ( Exhibit 7 of the 1993 Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 29 Although both UCMR ICRs are included in the restructuring, the majority of the burden inventory stems from the 1999 UCMR ( List 1) ICR. The List 2 ICR contains only 100 additional burden hours beyond those submitted in the 1999 UCMR ( List 1) ICR.

30 Although the UCMR contains burden hours and costs for EPA, these burdens and costs are not counted in OMB inventories.

65 PWSS Program ICR). In order to consolidate chemical regulation activities, EPA is requesting that these hours be moved from the 1993 PWSS Program ICR to the DDBP/ Chem/ Rads ICR ( OMB No. 2040 0204).

Burden associated with Unregulated Contaminant Monitoring. The current OMB burden inventory for UCMR ICRs ( List 1 and List 2) include a total of 11,519 hours per year for unregulated contaminant monitoring activities. 29 This includes 3,613 annual hours for PWSs, 7,906 annual hours for primacy agencies. 30 In order to consolidate chemical regulation activities, EPA is requesting that these hours be moved from the UCMR ICRs ( OMB No. 2040 0208) to the DDBP/ Chem/ Rads ICR ( OMB No. 2040 0204).

Burden associated with Radionuclides. The 1993 PWSS ICR includes a total of 5,637 hours per year for Radionuclides Rule activities, reflecting the burden associated with the 1976 Radionuclides Rule. All of these hours are for CWSs ( Exhibit 8 of the 1993 PWSS Program ICR). The 2000 Radionuclides Rule ICR includes a total of 342,873 annual burden hours, 336,433 for PWSs and 6,440 for States ( Table 6 3 of the 2000 Radionuclides ICR). In order to consolidate chemical regulation activities, EPA is requesting that these hours be moved from the 1993 PWSS Program ICR and the 2000 Radionuclides Rule ICR to the DDBP/ Chem/ Rads ICR ( OMB No. 2040 0204).

Burden associated with the existing total trihalomethanes ( TTHM) standard. The 1993 PWSS Program ICR includes an annual burden of 39,943 hours ( Exhibit 8 of the 1993 PWSS Program ICR). This burden was incurred by CWSs serving more than 10,000 people. The Stage 1 DBPR eventually subsumes the existing TTHM monitoring requirements and expands the requirements to apply to all CWSs and NTNCWSs that add a chemical disinfectant. In order to consolidate chemical regulation activities until TTHM requirements are subsumed by the Stage 1 DBPR, EPA is requesting that these hours be moved from the 1993 PWSS Program ICR to the DDBP/ Chem/ Rads ICR.

Burden associated with the disinfectant residual monitoring and associated activities under the SWTR. The 1993 PWSS ICR includes a total of 1,668,081 hours per year for SWTR activities. This includes 289,970 hours for NCWSs ( Exhibit 8 of the 1993 PWSS Program ICR), 955,715 hours for CWSs ( also Exhibit 8), and 422,396 hours for State primacy agencies ( Exhibit 7 of the 1993 Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 66 PWSS Program ICR). In order to consolidate chemical regulation activities, EPA is requesting that the hours related to disinfection residual monitoring and associated activities, be moved to the DDBP/ Chem/ Rads ICR. The burden associated with disinfection residual monitoring and associated activities is estimated to be 719,098 hours; this will be moved to the DDBP/ Chem/ Rads ICR.

Exhibit 11 Restructuring Adjustments to the Annual Burden Inventory for the DDBP/ Chem/ Rads ICR ( Includes both PWS and Primacy Agency Burden)

Action Annual Burden Hours Brief Explanation N/ A 314,471 Opening Inventory from 1998 Stage 1 DBPR ICR carried forward as the baseline DDBP/ Chem/ Rads ICR inventory.

Add 3,086,330 This represents the current chemical monitoring burden inventory. This inventory is being moved from the 1993 PWSS Program ICR ( 2040 0090) and into the DDBP/ Chem/ Rads ICR.

Add 11,519 This represents the current UCMR burden inventory. This inventory is being moved from the 1999 UCMR ICR ( 2040 0208) and into the DDBP/ Chem/ Rads ICR.

Add 5,637 This represents the current radionuclides burden inventory from the 1976 regulation. This inventory is being moved from the 1993 PWSS Program ICR ( 2040 0090) and into the DDBP/ Chem/ Rads ICR. This burden will be completely superceded by the 2000 Radionuclides Rule requirements beginning in 2004.

Add 342,873 This represents the current radionuclides burden inventory from the 2000 regulation. This inventory is being moved from the 2000 Radionuclides ICR ( 2040 0208) and into the DDBP/ Chem/ Rads ICR.

Add 39,943 This represents the current TTHM burden inventory. This inventory is being moved from the 1993 PWSS Program ICR ( 2040 0090) and into the DDBP/ Chem/ Rads ICR. This burden will be completely superceded by the Stage 1 DBPR requirements beginning in 2004.

Add 719,098 This represents the current SWTR burden inventory attributable to disinfectant residuals monitoring and associated activities. This inventory is being moved from the 1993 PWSS Program ICR ( 2040 0090) and into the DDBP/ Chem/ Rads ICR.

Total 4,519,871 DDBP/ Chem/ Rads ICR inventory based on current burden inventories.

6( f)( ii) Correction for Discrepancy in Current ICR Inventory During the restructuring and recalculation process undertaken with this ICR, a discrepancy was noted in the existing ICR burden inventory. The discrepancy was found in the annual burden reported for the Chemical Phase Rules in the 1993 PWSS Program ICR. The 1993 Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 67 PWSS Program ICR contains a spreadsheet calculation error that caused significant overestimation of the burden for IOC monitoring under the Phase II chemical monitoring rule. Exhibit 8 of the 1993 PWSS program ICR lists an annual burden for IOC monitoring of 1,549,778 hours. Analysis of the spreadsheets that serve as a source for the numbers in this exhibit reveal that this estimate is incorrect. In the spreadsheet calculation that feeds into Exhibit 8 of the 1993 PWSS Program ICR, the annual costs for nitrites were transcribed in the annual burden column and carried into the final annual burden displayed in Exhibit 8 of the PWSS Program ICR. Entering the correct annual burden for nitrites results in a total annual burden for IOCs of 243,810 hours, a difference of 1,305,968 hours annually. Appendix L further details this error. Exhibit 12 summarizes the change made in the Chemical Phase Rule burden to reflect the correction of this discrepancy.

Exhibit 12 Correction for Discrepancy in Current ICR Inventory Action Annual Burden Hours Brief Explanation N/ A 4,519,871 DDBP/ Chem/ Rads ICR inventory based on current burden inventories ( see Exhibit 11).

Subtract 1,305,968 Overestimate of hours in the 1993 PWSS Program ICR attributable to spreadsheet calculation error.

Total 3,213,903 Corrected DDBP/ Chem/ Rads ICR inventory based on current burden inventories.

6( f)( iii) Other Burden Adjustments The remaining changes in burden are a result of adjustments to individual rule burden calculations. Changes in calculated burden are a result of updating relevant baseline information for each rule with the most current and accurate information available ( e. g., PWS inventories). Where appropriate, estimated violation, waiver, and other associated rates have also been updated to reflect current information on rule compliance. For the Stage 1 DBPR, a large increase in annual burden reflects movement from startup activities to the actual monitoring compliance period. For primacy agency activities, changes in the levels of rule specific activity tend to mirror the changes in PWS activities. Exhibits 13 and 14 summarize reasons for these changes and quantify the changes by rule. Burden adjustments associated with PWS activities resulted in a burden increase of 1.17 million hours and are detailed in Exhibit 13. Burden adjustments for primacy agencies result in a decrease of 0.05 million hours per year, as shown in Exhibit 14. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 31 The 388,695 hour estimate of previous annual burden reflects the corrected inventory for Chemical Phase Rules. See section 6( f)( ii) for an explanation of the corrected error.

68 Exhibit 13 Adjustments to PWS Burden from Previous ICR Estimates Activity Previous Annual Burden Estimate 2002 2004 Annual Burden Estimate Change in Annual Burden Reason for Change in Annual Burden Stage 1 DBPR 21,367 632,610 611,243 The large increase in burden hours is attributable to the commencement of monitoring activities under the Stage 1 DBPR. The previous ICR included only startup activities.

Chemical Phases ( including Nitrate/ Nitrite) 388,69531 456,785 68,090 The increase in PWS burden is attributable to a combination of updated system inventories, the requirements of the particular SMF compliance period, and reevaluation of actual waiver issuance rates. This is partially offset by the removal of unregulated contaminant monitoring, which is now covered under the UCMR.

UCMR 3,613 6,537 2,924 The increase in annual burden is attributable to different UCMR requirements for the period covered by this ICR. Due to the specific nature of the UCMR monitoring requirements, burden varies year to year.

1976 Radionuclides 5,637 9,377 3,740 Increase in burden is attributable to recalculation of the 1976 burden using the methodology employed for the 2000 Radio nuclides Rule, including use of updated system inventories and occurrence information. The 1976 regulations will be completely superceded by the 2000 Rule beginning in 2004.

2000 Radionuclides 336,433 227,461 ( 108,972) For the first 3 years after rule promulgation, all of the burden for the 2000 Radionuclides Rule is attributable to startup activities. The decrease in burden is attributable to the completion of some startup activities under the previous ICR ( i. e., 2001 startup burden is not included). For monitoring activities that begin in 2004, the burden is small relative to startup activities completed in 2001.

TTHM Rule 39,943 20,190 ( 19,753) The decrease in burden is attributable to commencement of Stage 1 DBPR monitoring activities, which supercede those under the TTHM Rule. Monitoring activities fall under the Stage 1 DBPR beginning in 2001 for large surface water systems and 2004 for all other systems.

SWTR ( disinfectant residuals and associated activities only) 537,006 1,153,060 616,054 The increase in burden is attributable to the use of updated system inventories and entry points per system to calculate monitoring costs. Previous ICR estimates were based on system level calculations, which resulted in a significant underestimate of actual compliance points.

TOTAL 1,332,694 2,506,020 1,173,326 Adjusted PWS Burden. Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 69 Exhibit 14 Adjustments to Primacy Agency Burden from Previous ICR Estimates Activity Previous Annual Burden Estimate 2002 2004 Annual Burden Estimate Change in Annual Burden Reason for Change in Burden Stage 1 DBPR 293,104 168,686 ( 124,418) The large decrease in burden hours is attributable to the completion of the majority of startup activities required under the Stage 1 DBPR. Primacy agency activities for startup under this rule required a relatively large annual burden in comparison to ongoing activities associated with reporting and recordkeeping.

Chemical Phases ( including Nitrate/ Nitrite) 1,391,667 1,382,742 ( 8,925) The decrease in burden is attributable to removal of burden hours for unregulated contaminant monitoring activities. These activities are now covered under the UCMR.

UCMR 7,906 8,925 1,019 The increase in annual burden is attributable to different UCMR requirements for the period covered by this ICR. Due to the specific nature of the UCMR monitoring requirements, burden varies from year to year.

1976 Radionuclides 0 1,125 1,125 The 1993 PWSS Program ICR did not include a line item for primacy agency burden associated with the 1976 Radionuclides regulations. Application of the methodology used to calculate burden for the 2000 Radionuclides Rule results in the burden listed here. Beginning in 2004, the 1976 regulations will be completely superceded by the 2000 Rule.

2000 Radionuclides 6,440 8,076 1,636 For the first 3 years after rule promulgation, all of the burden for the 2000 Radionuclides Rule is attributable to startup activities. The increase in burden is attributable to the commencement of monitoring activities in 2004, which is larger relative to burden for startup activities.

TTHM Rule 0 7,571 7,571 The 1993 PWSS Program ICR did not include a line item for primacy agency burden associated with the TTHM Rule. Application of the methodology used to calculate burden for the Stage 1 DBPR results in the burden listed here. The TTHM Rule will be completely superceded by the Stage 1 DBPR beginning in 2001 for large surface water systems and 2004 for all other systems.

SWTR ( disinfectant residuals and associated activities only) 182,092 254,389 72,297 Because primacy agency burden is derived from the State Workload Model, a single burden value is given for the SWTR. Therefore, primacy agency burden hours must be apportioned between discrete activities based on the relative proportion of burden hours for each activity. The increase in burden listed here results from an increase in the number of burden hours accounted for in this ICR relative to those counted elsewhere ( hours for turbidity monitoring and associated activities counted under the Microbial ICR).

TOTAL 1,881,209 1,831,514 ( 49,695) Adjusted Primacy Agency Burden Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 70 Exhibit 15 shows the affect of these adjustments on the bottom line burden. As noted in Exhibit 12, the existing burden following the correction of the PWSS Program ICR calculation error is 3,213,903. Adding 1,173,326 hours to account for the adjustment for the PWS burden and subtracting 49,695 hours to account for the downward adjustment for the primacy burden yields 4,337,534 hours.

Exhibit 15 Adjustments to Annual Burdens Carried Forward from Previous ICR Estimates ( Includes both PWS and Primacy Agency Burden)

Action Annual Burden Hours Brief Explanation None 3,213,903 Corrected DDBP/ Chem/ Rads ICR inventory based on current burden inventories ( see Exhibit 2).

Add 1,173,326 Adjustment to PWS burden carried forward from previous ICRs ( see Exhibit 13).

Subtract 49,695 Adjustment to primacy agency burden carried forward from previous ICRs ( see Exhibit 14).

Total 4,337,534 Hours requested in 2001 DDBP/ Chem/ Rads ICR ( see Exhibit 10).

6( g) Burden Statement The public reporting and recordkeeping burden for collections included in this ICR is detailed above. The total annual burden ( 3 year average for 2002 through 2004) imposed by these collections is estimated to be 4.34 million hours, of which 2.51 million hours are attributable to PWSs and 1.83 million hours to primacy agencies. These estimates include time for gathering information as well as developing and maintaining records.

Burden means the total time, effort, or financial resources expended by people to generate, maintain, retain, disclose, or provide information to or for a Federal agency. This includes the time needed to review instructions, adjust the existing ways to comply with any previously applicable instructions and requirements, train personnel to respond to the information collection request, search data sources, complete and review the collection of information, and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a request for information collection unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

Please send comments on the Agency's need for this information, accuracy of the burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques to Director, Office of Environmental Information, Collection Strategies Division, U. S. Environmental Protection Agency ( 2822), Ariel Rios Building, 1200 Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides ICR November 29, 2001 71 Pennsylvania Ave., N. W., Washington, D. C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA ICR number ( 1896.02) and OMB control number ( 2040 0204) in any correspondence.


[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Notices]
[Page 16028-16029]
[DOCID:fr08ap09-119]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59695; File No. SR-DTC-2009-02]

Self-Regulatory Organizations; The Depository Trust Company;
Order Approving Proposed Rule Change To Implement a Maturity
Presentment Pend Function to Replace the Maturity Presentment
Contingency System

April 2, 2009.

I. Introduction

    On January 13, 2009, The Depository Trust Company (``DTC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-DTC-2009-02 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'').\1\ The proposed rule change
was published for comment in the Federal Register on February 19,
2009.\2\ No comment letters were received on the proposal. This order
approves the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 59388 (Feb. 11, 2009),
74 FR 7714.
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II. Description

    The proposed rule change implements a Maturity Presentment Pend
function (``IPA MP Pend Function'') that will replace the Maturity
Presentment Contingency System.

A. Current MMI Maturity Payment Procedure: Maturity Presentment
Contingency System

    Currently, as part of DTC's Money Market Instrument (``MMI'')
program maturity payment procedures, DTC sweeps maturing MMI positions
from investors' custodians accounts and generates Maturity Presentments
(``MPs'') \3\ to the designated Issuing Agent or Paying Agent's
(collectively, ``IPA'') accounts. DTC debits the IPA's account by the
amount of the maturity proceeds for settlement that day and credits the
same amount to the investor's custodian account for payment that day.
Because MPs are processed against an IPA's DTC account, IPAs may refuse
to pay for a specific issuer's MP in the event that the issuer defaults
on its obligation to the IPA. DTC allows IPAs to enter refusal to pay
notifications through the Participant Terminal System (``PTS'') until 3
p.m. Eastern Time on the date of maturity.\4\
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    \3\ References to MPs also cover other payment obligations of
MMI issuers such as periodic payments and periodic interest
payments.
    \4\ If the IPA refuses to pay, then DTC follows its Defaulting
Issuer procedures, which include devaluing the collateral value of
all of the defaulting issuer's MMI to zero, reversing all of the
issuer's issuances and maturities processed that day, notifying DTC
participants of the default, and blocking all further issuances by
the issuer from entering DTC. If an IPA then contacts DTC to reverse
the refusal to pay instruction, DTC undoes all the actions it took
under its Defaulting Issuer procedures.
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    Under extraordinary circumstances or in times of unusual market
stress, DTC may use the Maturity Presentment Contingency System
(``MPCS'') after consultation with the Commission on the days following
a disaster to allow IPAs to review and manually release MPs. IPAs are
able to release MPs for processing on a CUSIP or issuer acronym level
basis. At the close of settlement, MPs that have not been released are
rolled into the next business day's processing queue for presentation
along with that day's scheduled obligations. This process continues
until all maturities are funded and the IPA releases the MP, the IPA
notifies DTC of its refusal to pay, or the MPCS contingency procedure
is terminated.

B. Proposed MMI Maturity Payment Procedure: Maturity Presentment Pend
Function

    DTC is enhancing its systems in order to provide IPAs the ability
to monitor their credit exposure to MMI issuers. DTC's IPA MP Pend
Function will enable IPAs to review and manually release MPs in the
ordinary course of business. IPAs will have the ability to set the pend
request anytime prior to the MP sweep or at any point during the day
for unknown rate maturities, based on acronym, product type, or the
issuer MMI base CUSIP number. Each day by

3 p.m. Eastern Time, the IPA will be required to (1) release all items
held in pend or (2) invoke its right to refuse to pay.\5\ If the IPA
takes no action by 3 p.m. Eastern Time, the pending items will be
released by DTC for normal processing.
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    \5\ The IPA MP Pend Function differs from the MPCS in this
regard. Under the MPCS system, IPAs are not required to release
items or invoke their right to refuse to pay each day since the MPs
not acted on are rolled over into the next business day's processing
queue.
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    All MP Pend requests will be time-stamped and will be immediately
effective. Participants with MMI positions will be able to ascertain
which MPs have been placed in pend status by the IPA.
    Each time it uses the IPA MP Pend Function to create a pend request
or make a change to its profile, the IPA will be required to represent
and warrant that it has authority to submit the request appearing on
the IPA's screen and that it will either release the items held in pend
by 3 p.m. Eastern Time on the date of maturity or by such time
communicate to DTC that it refuses to pay. Additionally, the IPA must
acknowledge that it understands and agrees that all MPs will be
released for normal processing if it does not communicate its intention
to refuse to pay DTC by 3 p.m. Eastern Time. In extraordinary
circumstances, DTC will maintain its ability to set the pend request
based on an issuer acronym, product, program, base number, or globally
for all IPAs or for individual IPAs. In all circumstances, the IPA will
maintain its right to notify DTC of its refusal to pay.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a registered clearing agency. In particular,
the Commission believes the proposal is consistent with the
requirements of Section 17A(b)(3)(F),\6\ which requires, among other
things, that the rules of a clearing agency are designed to remove
impediments to and perfect the mechanisms of a national system for the
prompt and accurate clearance and settlement of securities
transactions.
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    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act\7\ and the
rules and regulations thereunder.
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    \7\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (File No. SR-DTC-2009-02) be, and
hereby is, approved.\9\
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7977 Filed 4-7-09; 8:45 am]

BILLING CODE 8010-01-P