[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2823-2825]
[FR Doc No: 2018-00855]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82498; File No. SR-NYSEAMER-2017-26]

Self-Regulatory Organizations; NYSE American LLC; Order Approving
a Proposed Rule Change To Amend Rule 971.1NY To Amend the Duration of a
Customer Best Execution Auction

January 12, 2018.

I. Introduction

    On November 17, 2017, NYSE American LLC (``Exchange'' or ``NYSE
American'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Rule 971.1NY (Electronic Cross
Transactions) to modify the parameters for the duration of a Customer
Best Execution (``CUBE'') Auction. The proposed rule change was
published for comment in the Federal Register on December 4, 2017.\3\
The Commission received no comment letters on the proposed rule change.
This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82162 (November 28,
2017), 82 FR 57322 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    CUBE is a process by which an ATP Holder may electronically submit
for execution an order it represents as agent (``CUBE Order'') against
principal interest or against any other order it represents as
agent.\4\ When the Exchange receives a valid CUBE Order for auction
processing, a Request for Responses (``RFR'') detailing the series, the
side of the market, the size of the CUBE Order, and the limit price of
the CUBE Order is sent to all ATP Holders that subscribe to receive RFR
messages. Currently, the amount of time given to ATP Holders to respond
with competing interest to trade against the CUBE Order (``Response
Time Interval'') is randomly set by the CUBE mechanism for each auction
but cannot be shorter than 500 milliseconds or longer than 750
milliseconds, unless the auction is concluded early.\5\ The Exchange
proposes to revise the Response Time Interval to provide that the
duration of a CUBE Auction shall be a random period of time within
parameters

designated by the Exchange, which parameters shall be no less than 100
milliseconds and no more than one second.\6\ The proposal would require
the Exchange to announce in advance, by Trader Update, any changes to
the parameters.\7\
---------------------------------------------------------------------------

    \4\ See Exchange Rule 971.1NY.
    \5\ See Exchange Rule 971.1NY(c)(4)(A)-(F) (providing the
scenarios that would result in the early termination of a CUBE
Auction).
    \6\ The Exchange states that its proposal is consistent with
exposure periods permitted in similar mechanisms on other options
exchanges. See Notice, supra note 3, at 57323 n.5.
    \7\ See id. at 57323.
---------------------------------------------------------------------------

    The Exchange states that the proposed rule change, among other
things, would provide investors with more timely execution of their
option orders while ensuring that there is an adequate exposure of
orders in the CUBE mechanism; could provide more CUBE Orders an
opportunity for price improvement by reducing market risk for ATP
Holders that participate in CUBE Auctions; would give the Exchange
flexibility in establishing the optimal duration of CUBE Auctions; and
would encourage competition and thereby enhance the potential for price
improvement.\8\
---------------------------------------------------------------------------

    \8\ See id. at 57324.
---------------------------------------------------------------------------

    To substantiate that its members can receive, process, and
communicate a response back to the Exchange within 100 milliseconds
(the shortest possible duration of the Response Time Interval), the
Exchange states that it surveyed all ATP Holders that responded to a
CUBE Auction broadcast in the three months prior to the filing of this
proposed rule change.\9\ According to the Exchange, each ATP Holder it
surveyed indicated that it can receive, process, and communicate a
response back to the Exchange within 100 milliseconds.\10\ The Exchange
further states that it has analyzed its capacity and represents that it
has the necessary systems capacity to handle the potential additional
traffic associated with the additional transactions that may occur with
the implementation of the proposed reduction of the Response Time
Interval to no less than 100 milliseconds.\11\ The Exchange further
represents that its system will be able to sufficiently maintain an
audit trail for order and trade information with the reduction in the
Response Time Interval.\12\
---------------------------------------------------------------------------

    \9\ See id. at 57323.
    \10\ See id.
    \11\ See id.
    \12\ See id.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, 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 national securities
exchange.\13\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\14\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest,
and not be designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Commission also finds that the
proposed rule change is consistent with Section 6(b)(8) of the Act,\15\
which requires that the rules of an exchange not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------

    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
    \15\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Commission believes that, as NYSE American maintains,
permitting the Exchange to designate an exposure time period of as
short as100 milliseconds in the CUBE Auction is consistent with the
Commission's past approval of rules of options exchanges that govern
the duration of their electronic auctions. These rules provide for a
period of as short as 100 milliseconds for market participants to
submit responses to an auction announcement before the auction
ends.\16\ Similarly, the Commission has approved rules allowing options
exchanges to set an exposure period of up to one second.\17\
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release Nos. 76301 (October 29,
2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032) (establishing
an exposure period for Nasdaq BX's options price improvement
mechanism (``PRISM'') of no less than 100 milliseconds and no more
than one second); 77557 (April 7, 2016), 81 FR 21935 (April 13,
2016) (SR-Phlx-2016-40) (amending the exposure period for Nasdaq
Phlx's Price Improvement XL (``PIXL'') to be no less than 100
milliseconds and no more than one second); 79733 (January 4, 2017),
82 FR 3055 (January 10, 2017) (SR-ISE-2016-26) (amending the
exposure period for Nasdaq ISE's Price Improvement Mechanism
(``PIM'') to be no less than 100 milliseconds and no more than one
second); 80738 (May 22, 2017), 82 FR 24417 (May 26, 2017) (SR-CBOE-
2017-029) (amending the exposure periods for CBOE's Automated
Improvement Mechanism (``AIM'') and Solicitation Auction Mechanism
(``SAM'') to be no less than 100 milliseconds and no more than one
second); and 80940 (June 15, 2017), 82 FR 28369 (June 21, 2017) (SR-
MIAX-2017-16) (amending the exposure periods for MIAX's Price
Improvement Mechanism (``PRIME'') and PRIME Solicitation Mechanism
to be no less than 100 milliseconds and no more than one second).
See also the rules as codified at NASDAQ Phlx Rule
1080(n)(ii)(A)(4), NASDAQ BX Options Rules Chapter VI, Section
9(ii)(A)(3), Nasdaq ISE Rule 716, Supplementary Material .04, Nasdaq
ISE Rule 723(c)(1), CBOE Rule 6.74A(b)(1)(C), CBOE Rule
6.74B(b)(1)(C), MIAX Rule 515A(a)(2)(i)(C), and MIAX Rule
515A(b)(2)(i)(C).
    \17\ See supra note 16.
---------------------------------------------------------------------------

    The Commission notes that the fact that, in CUBE, a Response Time
Interval is separately and randomly set by the auction mechanism for
each individual auction (provided that no auction can be longer or
shorter than specified limits) is not unique with respect to the
instant proposal.\18\ The feature of CUBE that randomly sets a Response
Time Interval for each auction--which is unique in contrast to
electronic auction mechanisms at other options exchanges--has been a
component of CUBE since approval of the Exchange's Rule governing the
CUBE \19\ and is consistent with the mechanism's current functionality.
---------------------------------------------------------------------------

    \18\ Currently, for example, the Response Time Interval for each
individual auction is randomly set by the CUBE mechanism, but it is
not possible for the mechanism to set a duration that is shorter
than 500 milliseconds or longer than 750 milliseconds.
    \19\ See Exchange Rule 971.1NY(c)(2)(B). See also Securities
Exchange Act Release No. 72025 (April 25, 2014), 79 FR 24779, 24782,
24787 (May 1, 2017) (SR-NYSEMKT-2014-17) (order approving a proposed
rule change to adopt the CUBE Auction).
---------------------------------------------------------------------------

    The Exchange's proposal revises how the minimum and maximum time
lengths for the randomly-set Response Time Interval for each CUBE
Auction would be established. Currently, Exchange Rule 971.1NY sets the
minimum and maximum: no less than 500 milliseconds and no more than 750
milliseconds. Under the proposal, the Exchange is granted the
discretion to establish the minimum and maximum possible durations of
an auction and change them from time to time (with adequate notice to
market participants). However, that discretion itself is restricted
under the proposal. The Exchange would not be permitted to establish
the limits in a way that would allow even a randomly-set Response Time
Interval to be shorter than 100 milliseconds or longer than one second.
The Commission thus notes that, under the proposed parameters, the
exposure period for an order submitted to a CUBE Auction could never be
shorter than the exposure period of any other options exchange's
electronic auction.
    Accordingly, for the reasons discussed above, the Commission
believes that the Exchange's proposal is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the

proposed rule change (SR-NYSEAMER-2017-26) be, and hereby is, approved.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-00855 Filed 1-18-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 21, 2009 (Volume 74, Number 97)]
[Notices]
[Page 23851]
[DOCID:fr21my09-32]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-191-000]

Tennessee Gas Pipeline Company; Notice of Application

May 14, 2009.
    Take notice that on April 28, 2009, Tennessee Gas Pipeline Company
(Tennessee), 1001 Louisiana Street, Houston, Texas 77002, filed in
Docket No. CP09-191-000, an application pursuant to section 7(b) of the
Natural Gas Act (NGA) and Part 157 of the Commission's regulations,
requesting authorization to abandon by sale Lines 523M-8900, 523M-9000,
523M-9100, 523M-9200, and 523M-9300, located in Federal waters offshore
Louisiana, all as more fully set forth in the application which is on
file with the Commission and open to public inspection. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number, excluding the
last three digits, in the docket number field to access the document.
For assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Susan T. Halbach, Senior Counsel, Tennessee Gas Pipeline Company, 1001
Louisiana Street, Houston, Texas 77002, or by calling<PHONE_NUMBER>
(telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>Thomas
G. Joyce, Manager, Certificates, Tennessee Gas Pipeline Company, 1001
Louisiana Street, Houston Texas 77002, or by calling<PHONE_NUMBER>
(telephone) or<PHONE_NUMBER> (fax<EMAIL_ADDRESS>or to Kathy
Cash, Principal Analyst, Rates and Regulatory Affairs, Tennessee Gas
Pipeline Company, 1001 Louisiana Street, Houston, Texas 77002, or by
calling<PHONE_NUMBER> (telephone) or<PHONE_NUMBER> (fax),
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the Internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: June 4, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-11806 Filed 5-20-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)]
[Notices]
[Pages 58424-58425]
[FR Doc No: 2017-26669]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0015]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Orphan Products
Development; Food and Drug Administration Orphan Drug Designation
Request Form and The Common European Medicines Agency/Food and Drug
Administration Form for Orphan Medicinal Product Designation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
11, 2018.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0167.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Orphan Products Development; Food and Drug Administration Orphan Drug
Designation Request Form and The Common European Medicines Agency/Food
and Drug Administration Form for Orphan Medicinal Product Designation
(Formerly Orphan Drugs; Common European Medicines Agency/FDA
Application Form for Orphan Medicinal Product Designation (Form FDA
3671))--21 CFR Part 316

OMB Control Number 0910-0167--Extension

    Sections 525 through 528 of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360aa-360dd) give FDA statutory authority
to do the following: (1) Provide recommendations on investigations
required for approval of marketing applications for orphan drugs, (2)
designate eligible drugs as orphan drugs, (3) set forth conditions
under which a sponsor of an approved orphan drug obtains exclusive
approval, and (4) encourage sponsors to make orphan drugs available for
treatment on an ``open protocol'' basis before the drug has been
approved for general marketing. The implementing regulations for these
statutory requirements have been codified under part 316 (21 CFR part
316) and specify procedures that sponsors of orphan drugs use in
availing themselves of the incentives provided for orphan drugs in the
FD&C Act and sets forth procedures FDA will use in administering the
FD&C Act with regard to orphan drugs.
    Section 316.10 specifies the content and format of a request for
written recommendations concerning the nonclinical laboratory studies
and clinical investigations necessary for approval of marketing
applications. Section 316.12 provides that, before providing such
recommendations, FDA may require results of studies to be submitted for
review. Section 316.14 contains provisions permitting FDA to refuse to
provide written recommendations under certain circumstances. Within 90
days of any refusal, a sponsor may submit additional information
specified by FDA. Based on past experience, FDA estimates that there
will be one respondent to Sec. Sec.  316.10, 316.12, and 316.14
requiring 50 hours of human resources annually.
    Section 316.20 specifies the content and format of an orphan drug
application which includes requirements that an applicant document that
the disease is rare (affects fewer than 200,000 persons in the United
States annually) or that the sponsor of the drug has no reasonable
expectation of recovering costs of research and development of the
drug. Section 316.21 specifies content of a request for orphan drug
designation required for verification of orphan-drug status. Section
316.26 allows an applicant to amend the applications under certain
circumstances. Based on past experience, FDA estimates 496 respondents
to Sec. Sec.  316.20, 316.21, and 316.26, requiring 83,700 hours of
human resources annually.
    The Common EMEA/FDA Application for Orphan Medicinal Product
Designation form for orphan designation of drugs intended for rare
diseases or conditions (Form FDA 3671) is intended to benefit sponsors
who desire to seek orphan designation of drugs intended for rare
diseases or conditions from both the European Commission and FDA by
reducing the burden of preparing separate applications to meet the
regulatory requirements in each jurisdiction. It highlights the
regulatory cooperation between the United States and the European Union
mandated by the Transatlantic Economic Council. The FDA Orphan Drug
Designation Request Form (Form FDA 4035) is intended to benefit
sponsors who desire to seek orphan designation of drugs intended for
rare diseases or conditions from only FDA. The form is a simplified
method for sponsors to provide only information required by 21 CFR
316.20 for FDA to make a decision. Based on past experience, FDA
estimates there will be 496 respondents using the form requiring 19,840
hours of human resources annually.
    Section 316.22 specifies requirement of a permanent resident agent
for foreign sponsors. Based on past experience, FDA estimates 70
respondents requiring 140 hours of human resources annually.

Section 316.24(a) specifies a requirement that sponsors respond to
deficiency letters from FDA on designation requests within 1 year of
issuance of the deficiency letter, unless within that time frame, the
sponsor requests an extension of time to respond. Based on past
experience, FDA estimates 20 respondents requiring 40 hours of human
resources annually.
    Section 316.27 specifies content of a change in ownership of
orphan-drug designation. Based on past experience, FDA estimates 63
respondents requiring 315 hours of human resources annually. Section
316.30 requires submission of annual reports, including progress
reports on studies, a description of the investigational plan, and a
discussion of changes that may affect orphan status. Based on number of
orphan-drug designations, the number of respondents is estimated as 744
requiring 2,232 hours of human resources annually. Finally, Sec.
316.36 describes information required of sponsor when there is
insufficient quantity of approved orphan drug. Based on past
experience, FDA estimates two respondents requiring 90 hours of human
resources annually.
    The information requested will provide the basis for an FDA
determination that the drug is for a rare disease or condition and
satisfies the requirements for obtaining orphan drug status. Secondly,
the information will describe the medical and regulatory history of the
drug. The respondents to this collection of information are
biotechnology firms, drug companies, and academic clinical researchers.
    In the Federal Register of June 19, 2017 (82 FR 27836), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
     21 CFR section/Form FDA         Number of     frequency per   Total annual      Hours per      Total hours
                                    respondents      response        responses       response
----------------------------------------------------------------------------------------------------------------
Content and format when seeking                1               1               1              50              50
 written recommendations;
 results of studies; and
 amendments (Sec.  Sec.
 316.10, 316.12, and 316.14)....
Content and format of a request              496            1.25             620             135          83,700
 for designation; request for
 verification of status;
 amendment to designation.......
Form FDA 3671 or 4035 FDA Orphan            1.25             620              32          19,840
 Drug Designation Request Form
 (Sec.  Sec.   316.20, 316.21,
 and 316.26)....................
Notifications of changes in                   70               1              70               2             140
 agents (Sec.   316.22).........
Deficiency letters and granting               20               1              20               2              40
 orphan-drug designation (Sec.
 316.24(a)).....................
Submissions to change ownership               63               1              63               5             315
 of orphan-drug designation
 (Sec.   316.27)................
Annual reports (Sec.   316.30)..             744               1             744               3           2,232
Assurance of the availability of               2               3               6              15              90
 sufficient quantities of the
 orphan drug; holder's consent
 for the approval of other
 marketing applications for the
 same drug (Sec.   316.36)......
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         106,407
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA has experienced increases in: (1) The number of submissions to
change ownership of orphan-drug designation (Sec.  316.27), (2) the
number of annual reports (Sec.  316.30), and (3) assurances of the
availability of sufficient quantities of the orphan drug and the
holder's consent for the approval of other marketing applications for
the same drug (Sec.  316.36).

    Dated: December 6, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26669 Filed 12-11-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Proposed Rules]
[Page 58571-58572]
[DOCID:fr16oc07-32]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R05-OAR-2007-0390; FRL-8481-3]

Approval and Promulgation of State Implementation Plans; Ohio:
Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing approval of a revision to the Ohio State
Implementation Plan (SIP) submitted on April 17, 2007, as amended by
letter on September 26, 2007. This revision addresses the requirements
of EPA's Clean Air Interstate Rule (CAIR), promulgated on May 12, 2005,
and subsequently revised on April 28, 2006, and December 13, 2006. EPA
is proposing to determine that the Ohio SIP revision meets selected
provisions of the Clean Air Interstate Rule Federal Implementation Plan
emission reduction requirements under the NOX SIP Call and,
as such, is approvable.

DATES: Comments must be received on or before November 15, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0390, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R05-OAR-2007-0390'', John M. Mooney, Chief, Criteria
Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery or Courier: John M. Mooney, Chief, Criteria
Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The Regional Office's official hours of business
are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instructions on how to submit
comments.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a non-
controversial submittal and anticipates no adverse comments. A detailed
rationale for the approval is set forth in the direct final rule. If no
adverse comments are received in response to this rule, no further
activity is contemplated. If EPA receives adverse comments, EPA will
withdraw the direct final rule and will address all public comments
received in a subsequent final rule based on this proposed rule. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. Please note that
if EPA receives adverse comment on an amendment, paragraph, or section
of this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment. For additional information, see
the direct final rule which is located in the Rules section of this
Federal Register.

    Dated: September 28, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-20251 Filed 10-15-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Proposed Rules]
[Pages 81441-81447]
[FR Doc No: 2011-33255]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2010-1075; FRL-9329-4]
RIN 2070-AB27

Proposed Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing significant new use rules (SNURs) under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the
chemical substances rutile, tin zinc, calcium-doped (CAS No. 389623-01-
2) and rutile, tin zinc, sodium-doped (CAS No. 389623-07-8) which were
the subject of premanufacture notices (PMNs P-06-36 and P-06-37) and
TSCA section 5(e) consent orders issued by EPA. The proposed SNURs on
these substances, which are based on and consistent with the provisions
of the underlying consent orders, would designate as a significant new
use the absence of the protective measures required in the consent
orders. This action would require persons who intend to manufacture,
import, or process either of the chemical substances for an activity
that is designated as a significant new use by this proposed rule to
notify EPA at least 90 days before commencing that activity. The
required notification would provide EPA with the opportunity to
evaluate the intended use and, if necessary, to prohibit or limit the
activity before it occurs.

DATES: Comments must be received on or before January 27, 2012.

ADDRESSES: Submit your comments, identified by docket identification
(ID)

number EPA-HQ-OPPT-2010-1075, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2010-1075. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2010-1075. EPA's policy is that all comments received will be included
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or email. The
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. 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, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-9232; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
import, process, or use the chemical substances contained in this
proposed rule. Potentially affected entities may include, but are not
limited to:
     Manufacturers, importers, or processors of one or more
subject chemical substances (NAICS codes 325 and 324110), e.g.,
chemical manufacturing and petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Sec.  721.5. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
certification requirements promulgated at 19 CFR 12.118 through 12.127;
see also 19 CFR 127.28. Chemical importers must certify that the
shipment of the chemical substance complies with all applicable rules
and orders under TSCA. Importers of chemicals subject to a final SNUR
must certify their compliance with the SNUR requirements. The EPA
policy in support of import certification appears at 40 CFR part 707,
subpart B. In addition, any persons who export or intend to export a
chemical substance that is the subject of a proposed or final SNUR are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) (see Sec.  [emsp14]721.20), and must comply with the
export notification requirements in 40 CFR part 707, subpart D.

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

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.

    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What action is the agency taking?

    EPA is proposing significant new use rules (SNURs) under section
5(a)(2) of TSCA for two chemical substances which were the subject of
PMNs and TSCA section 5(e) consent orders. The two chemical substances
are identified as rutile, tin zinc, calcium-doped (PMN P-06-36; CAS No.
389623-01-2) and rutile, tin zinc, sodium-doped (PMN P-06-37; CAS No.
389623-07-8). The proposed SNUR on these substances are based on and
consistent with the provisions in the underlying consent orders. The
proposed SNURs designate as a significant new use the absence of the
protective measures required in the corresponding consent orders. These
SNURs would require persons who intend to manufacture, import, or
process either of these chemical substances for an activity that is
designated as a significant new use to notify EPA at least 90 days
before commencing that activity.
    In the Federal Register of October 5, 2011 (76 FR 61566) (FRL-8880-
2), EPA issued direct final SNURs on these two chemical substances in
accordance with the procedures at Sec.  721.160(c)(3)(i). EPA received
notice of intent to submit adverse comments on these SNURs. Therefore,
as required by Sec.  721.160(c)(3)(ii), in the Federal Register of
December 5, 2011 (76 FR 75794) (FRL-9329-5), EPA withdrew the direct
final SNURs and is now issuing this proposed rule on the two chemical
substances. The record for the direct final SNURs on these substances
was established as docket EPA-HQ-OPPT-2010-1075. That record includes
information considered by the Agency in developing the direct final
rule and the notice of intent to submit adverse comments.

B. What is the agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four bulleted TSCA section 5(a)(2)
factors listed in Unit III. Once EPA determines that a use of a
chemical substance is a significant new use, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that use. Persons who must report are described
in Sec.  [emsp14]721.5.

C. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. According
to Sec.  [emsp14]721.1(c), persons subject to these SNURs must comply
with the same notice requirements and EPA regulatory procedures as
submitters of PMNs under TSCA section 5(a)(1)(A). In particular, these
requirements include the information submission requirements of TSCA
section 5(b) and 5(d)(1), the exemptions authorized by TSCA section
5(h)(1), (h)(2), (h)(3), and (h)(5), and the regulations at 40 CFR part
720. Once EPA receives a SNUN, EPA may take regulatory action under
TSCA section 5(e), 5(f), 6, or 7 to control the activities for which it
has received the SNUN. If EPA does not take action, EPA is required
under TSCA section 5(g) to explain in the Federal Register its reasons
for not taking action.

III. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use
of a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In addition to these factors enumerated in TSCA section 5(a)(2),
the statute authorizes EPA to consider any other relevant factors.
    To determine what would constitute a significant new use for the
two chemical substances that are the subject of these proposed SNURs,
EPA considered relevant information about the toxicity of the chemical
substances, likely human exposures and environmental releases
associated with possible uses, taking into consideration the four
bulleted TSCA section 5(a)(2) factors listed in this unit.

IV. Substances Subject to This Proposed Rule

    EPA is proposing to establish significant new use and recordkeeping
requirements for two chemical substances in 40 CFR part 721, subpart E.
In this unit, EPA provides the following information for each chemical
substance:
     PMN number.
     Chemical name.
     Chemical Abstracts Service (CAS) number.
     Basis for the TSCA section 5(e) consent order.
     Toxicity concerns.
     Tests recommended by EPA to provide sufficient information
to evaluate the chemical substance (see Unit VII. for more
information).
     CFR citation assigned in the regulatory text section of
this proposed rule.
    This proposed rule concerns two PMN substances that are subject to
``risk-based'' consent orders under TSCA section 5(e)(1)(A)(ii)(I).
Those consent orders require protective measures to limit exposures or
otherwise mitigate the potential unreasonable risk. The so-called
``5(e) SNURs'' on these PMN substances are promulgated pursuant to
Sec.  721.160, and are based on and consistent with the provisions in
the underlying consent orders. The 5(e) SNURs designate as a
``significant new use'' the absence of the protective measures required
in the corresponding consent orders.

PMN Numbers P-06-36 and P-06-37

    Chemical names: (P-06-36) Rutile, tin zinc, calcium-doped and (P-
06-37) Rutile, tin zinc, sodium-doped.
    CAS numbers: (P-06-36) 389623-01-2 and (P-06-37) 389623-07-8.
    Effective date of TSCA section 5(e) consent order: February 17,
2009.
    Basis for TSCA section 5(e) consent order: The PMN states that the
substances will be used as colorants for

polymers and industrial coatings. The order was issued under TSCA
sections 5(e)(1)(A)(i) and 5(e)(1)(A)(ii)(I) based on a finding that
the substances may present an unreasonable risk of injury to human
health. To protect against these risks, the consent order requires: Use
of personal respiratory equipment, including a National Institute for
Occupational Safety and Health (NIOSH)-certified respirator with an
Assigned Protection Factor (APF) of at least 10, or compliance with a
New Chemical Exposure Limit (NCEL) of 1.5 mg/m\3\ as an 8-hour time
weighted average; establishment of a hazard communication program; and
restricts the company from manufacturing the PMN substances with a d10
particle size less than 100 nanometers, where d10 particle size
presents the particle size, as determined by laser light scattering, at
which 10 percent by weight of the substance measured is smaller; and
corresponding recordkeeping. The SNUR designates as a ``significant new
use'' the absence of these protective measures.
    Toxicity concern: Based on structural activity relationship
analysis derived from test data on structurally similar respirable,
poorly soluble particulates, the PMN substances may cause lung overload
and fibrosis in workers exposed to the PMN substances by the inhalation
route.
    Recommended testing: EPA has determined that the following test
would help characterize the human health effects of the PMN substances:
A 90-day inhalation toxicity test (OPPTS Test Guideline 870.3465) in
rats. The testing should include a 60-day recovery period to assess the
progression or regression of any lesions; and include special attention
to histopathology (inflammation and cell proliferation) of the lung
tissues and to various parameters of the bronchoalveolar lavage fluid
(BALF), e.g., marker enzyme activities, total protein content, total
cell count, cell differential, and cell viability. The order does not
require submission of the aforementioned information at any specified
time or production volume. However, the order's restrictions on
manufacturing, import, processing, distribution in commerce, use, and
disposal of the PMN substances will remain in effect until the order is
modified or revoked by EPA based on submission of that or other
relevant information.
    CFR citations: 40 CFR 721.10230 (P-06-36) and 40 CFR 721.10231 (P-
06-37).

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for these two chemical
substances, EPA concluded that regulation was warranted under TSCA
section 5(e), pending the development of information sufficient to make
reasoned evaluations of the human health effects of the chemical
substances. The basis for such findings is outlined in Unit IV. Based
on these findings, TSCA section 5(e) consent orders requiring the use
of appropriate exposure controls were negotiated with the PMN
submitters. The proposed SNUR provisions for these chemical substances
are consistent with the provisions of the TSCA section 5(e) consent
orders. These proposed SNURs are issued pursuant to Sec.  721.160.

B. Objectives

    EPA is proposing these SNURs for specific chemical substances that
have undergone premanufacture review because the Agency wants to
achieve the following objectives with regard to the significant new
uses designated in this proposed rule:
     EPA would receive notice of any person's intent to
manufacture, import, or process a listed chemical substance for the
described significant new use before that activity begins.
     EPA would have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing,
importing, or processing a listed chemical substance for the described
significant new use.
     EPA would be able to regulate prospective manufacturers,
importers, or processors of a listed chemical substance before the
described significant new use of that chemical substance occurs,
provided that regulation is warranted pursuant to TSCA sections 5(e),
5(f), 6, or 7.
     EPA would ensure that all manufacturers, importers, and
processors of the same chemical substance that is subject to a TSCA
section 5(e) consent order are subject to similar requirements.
    Issuance of a SNUR for a chemical substance does not signify that
the chemical substance is listed on the TSCA Inventory. Guidance on how
to determine if a chemical substance is on the TSCA Inventory is
available on the Internet at http://www.epa.gov/opptintr/existingchemicals/pubs/tscainventory/index.html.

VI. Applicability of the Proposed Rule to Uses Occurring Before
Effective Date of the Final Rule

    To establish a significant ``new'' use, EPA must determine that the
use is not ongoing. The chemical substances subject to this proposed
rule have undergone premanufacture review and are subject to TSCA
section 5(e) consent orders. The PMN submitters are prohibited by these
TSCA section 5(e) consent orders from undertaking activities which EPA
is proposing as significant new uses. EPA solicits comments on whether
any of the uses proposed as significant new uses are ongoing.
    As discussed in the Federal Register issue of April 24, 1990 (55 FR
17376), EPA has decided that the intent of TSCA section 5(a)(1)(B) is
best served by designating a use as a significant new use as of the
date of publication of the proposed rule rather than as of the
effective date of the final rule. If uses begun after publication were
considered ongoing rather than new, it would be difficult for EPA to
establish SNUR notice requirements because a person could defeat the
SNUR by initiating the significant new use before the rule became
final, and then argue that the use was ongoing before the effective
date of the final rule. Thus, persons who begin commercial manufacture,
import, or processing activities with the chemical substances regulated
through this proposed SNUR must cease any such activity before the
effective date of the rule, if and when finalized. To resume their
activities, these persons would have to comply with all applicable SNUR
notice requirements and wait until the notice review period, including
all extensions, expires.
    EPA has promulgated provisions to allow persons to comply with this
proposed SNUR before the effective date. If a person meets the
conditions of advance compliance under Sec.  721.45(h), the person is
considered exempt from the requirements of the SNUR.

VII. Test Data and Other Information

    EPA recognizes that TSCA section 5 does not require developing any
particular test data before submission of a SNUN. The two exceptions
are:
    1. Development of test data is required where the chemical
substance subject to the SNUR is also subject to a test rule under TSCA
section 4 (see TSCA section 5(b)(1)).
    2. Development of test data may be necessary where the chemical
substance has been listed under TSCA section 5(b)(4) (see TSCA section
5(b)(2)).
    In the absence of a TSCA section 4 test rule or a TSCA section
5(b)(4)

listing covering the chemical substance, persons are required only to
submit test data in their possession or control and to describe any
other data known to or reasonably ascertainable by them (see Sec.
720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. In cases where EPA issued a
TSCA section 5(e) consent order that requires or recommends certain
testing, Unit IV. describes those tests. Descriptions of tests are
provided for informational purposes. EPA strongly encourages persons,
before performing any testing, to consult with the Agency pertaining to
protocol selection and test reporting. To access the harmonized test
guidelines referenced in this document electronically, please go to
http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''
    In the TSCA section 5(e) consent orders for the two chemical
substances regulated under this proposed rule, EPA has established
restrictions in view of the lack of data on the potential human health
risks that may be posed by the significant new uses or increased
exposure to the chemical substances. These restrictions will not be
removed until EPA determines that the unrestricted use will not present
an unreasonable risk of injury or result in significant or substantial
exposure or environmental release. This determination is usually made
based on the results of the required or recommended toxicity tests.
    The recommended tests specified in Unit IV. may not be the only
means of addressing the potential risks of the chemical substance.
However, submitting a SNUN without any test data may increase the
likelihood that EPA will take action under TSCA section 5(e),
particularly if satisfactory test results have not been obtained from a
prior PMN or SNUN submitter. EPA recommends that potential SNUN
submitters contact EPA early enough so that they will be able to
conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.
     Potential benefits of the chemical substances.
     Information on risks posed by the chemical substances
compared to risks posed by potential substitutes.

VIII. SNUN Submissions

    According to Sec.  721.1(c), persons submitting a SNUN must comply
with the same notice requirements and EPA regulatory procedures as
persons submitting a PMN, including submission of test data on health
and environmental effects as described in Sec.  720.50. SNUNs must be
submitted on EPA Form No. 7710-25, generated using e-PMN software, and
submitted to the Agency in accordance with the procedures set forth in
Sec. Sec.  721.25 and 720.40. E-PMN software is available
electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers, importers, and processors of
the chemical substances during the development of the direct final
rule. EPA's complete Economic Analysis is available in the docket under
docket ID number EPA-HQ-OPPT-2010-1075.

X. Statutory and Executive Order Reviews

A. Executive Order 12866

    This proposed rule would establish SNURs for two chemical
substances that were the subject of PMNs and TSCA section 5(e) consent
orders. The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an Agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under PRA, unless it has been approved by OMB and 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, are listed in 40 CFR part 9, and included on the related
collection instrument or form, if applicable. EPA would amend the table
in 40 CFR part 9 to list the OMB approval number for the information
collection requirements contained in this proposed rule. This listing
of the OMB control numbers and their subsequent codification in the CFR
satisfies the display requirements of PRA and OMB's implementing
regulations at 5 CFR part 1320. This Information Collection Request
(ICR) was previously subject to public notice and comment prior to OMB
approval, and given the technical nature of the table, EPA finds that
further notice and comment to amend it is unnecessary. As a result, EPA
finds that there is ``good cause'' under section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), to amend this
table without further notice and comment.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action would not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Collection Strategies Division, Office of Environmental Information
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any completed forms to
this address.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR would not have a significant adverse economic impact on a
substantial number of small entities. The requirement to submit a SNUN
applies to any person (including small or large entities) who intends
to engage in any activity described in the final rule as a
``significant new use.'' Because these uses are ``new,'' based on all
information currently available to EPA, it appears that no small or
large entities presently engage in such activities. A SNUR requires
that any person who intends to engage in such activity in the future
must first notify EPA by submitting a SNUN. Although some small
entities may decide to pursue a significant new use in the future, EPA
cannot presently determine how many, if any, there may be. However,
EPA's experience to date is that, in response to the promulgation of
SNURs covering over 1,000 chemicals substances, the Agency receives
only a handful of

SNUNs per year. For example, the number of SNUNs was four in Federal
fiscal year (FY) 2005, eight in FY 2006, six in FY 2007, eight in FY
2008, and seven in FY 2009. During this 5-year period, three small
entities submitted a SNUN. In addition, the estimated reporting cost
for submission of a SNUN (see Unit VIII.) is minimal regardless of the
size of the firm. Therefore, EPA believes that the potential economic
impacts of complying with those SNURs are not expected to be
significant or adversely impact a substantial number of small entities.
In a SNUR that published in the Federal Register issue of June 2, 1997
(62 FR 29684) (FRL-5597-1), the Agency presented its general
determination that final SNURs are not expected to have a significant
economic impact on a substantial number of small entities, which was
provided to the Chief Counsel for Advocacy of the Small Business
Administration.

D. Unfunded Mandates Reform Act

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government would be impacted by this proposed
rule. As such, EPA has determined that this proposed rule would not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any affect on small governments subject to the requirements of
sections 202, 203, 204, or 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4).

E. Executive Order 13132

    This action would not have a substantial direct effect on States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175

    This proposed rule would not have Tribal implications because it is
not expected to have substantial direct effects on Indian Tribes. This
proposed rule would not significantly nor uniquely affect the
communities of Indian Tribal governments, nor would it involve or
impose any requirements that affect Indian Tribes. Accordingly, the
requirements of Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 9,
2000), do not apply to this proposed rule.

G. Executive Order 13045

    This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211,
entitled Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001),
because this action is not expected to affect energy supply,
distribution, or use and because this action is not a significant
regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.

J. Executive Order 12898

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: December 16, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
    Therefore, it is proposed that 40 CFR part 721 be amended as
follows:

PART 721--[AMENDED]

    1. The authority citation for part 721 continues to read as
follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

    2. Add Sec.  [emsp14]721.10230 to subpart E to read as follows:

Sec.  721.10230  Rutile, tin zinc, calcium-doped.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as rutile, tin zinc,
calcium-doped (PMN P-06-36; CAS No. 389623-01-2) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. The requirements of this rule do not
apply to quantities of the PMN substance that have been incorporated
into a polymer, glass, dispersion, cementitious matrix, or a similar
incorporation.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(4), (a)(5), (a)(6)(i), (b) (concentration set at 1.0
percent), and (c). The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of 10 meet the minimum requirements for Sec.
721.63(a)(5):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose- fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; or
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (1) As an alternative to the respiratory requirements listed in
paragraph (a)(2)(i), a manufacturer, importer, or processor may choose
to follow the new chemical exposure limit (NCEL) provisions listed in
the TSCA section 5(e) consent order for these substances. The NCEL is
1.5 mg/m\3\ as an 8-hour time-weighted-average for both chemical
substances combined. Persons who wish to pursue NCELs as an alternative
to the Sec.  721.63 respirator requirements may request to do so under
Sec.  721.30. Persons whose Sec.  721.30 requests to use the NCELs
approach are approved by EPA will receive NCELs provisions comparable
to those contained in the corresponding section 5(e) consent order.
    (2) [Reserved]
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72

(a), (b), (c), (d), (e) (concentration set at 1.0 percent), (f),
(g)(1)(ii), (g)(2)(ii), (g)(2)(iv) (use respiratory protection or
maintain workplace airborne concentrations at or below an 8-hour time-
weighted average of 1.5 mg/m\3\), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (manufacture of the substances with a
particle size less than 100 nanometers, where d10 particle size
presents the particle size, as determined by laser light scattering, at
which 10 percent by weight of the substance measured is smaller).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (f), (g), (h), and (i) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    3. Add Sec.  [emsp14]721.10231 to subpart E to read as follows:

Sec.  721.10231  Rutile, tin zinc, sodium-doped.

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as rutile, tin zinc,
sodium-doped (PMN P-06-37; CAS No. 389623-07-8) is subject to reporting
under this section for the significant new uses described in paragraph
(a)(2) of this section. The requirements of this rule do not apply to
quantities of the PMN substance that have been incorporated into a
polymer, glass, dispersion, cementitious matrix, or a similar
incorporation.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec.
721.63 (a)(4), (a)(5), (a)(6)(i), (b) (concentration set at 1.0
percent), and (c). The following National Institute for Occupational
Safety and Health (NIOSH)-certified respirators with an assigned
protection factor (APF) of 10 meet the minimum requirements for Sec.
721.63(a)(5):
    (A) NIOSH-certified air-purifying, tight-fitting half-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (B) NIOSH-certified air-purifying, tight-fitting full-face
respirator equipped with N100 (if oil aerosols absent), R100, or P100
filters;
    (C) NIOSH-certified powered air-purifying respirator equipped with
a loose-fitting hood or helmet and high efficiency particulate air
(HEPA) filters;
    (D) NIOSH-certified powered air-purifying respirator equipped with
a tight-fitting facepiece (either half-face or full-face) and HEPA
filters; or
    (E) NIOSH-certified supplied-air respirator operated in pressure
demand or continuous flow mode and equipped with a hood or helmet, or
tight-fitting facepiece (either half-face or full-face).
    (1) As an alternative to the respiratory requirements listed in
paragraph (a)(2)(i), a manufacturer, importer, or processor may choose
to follow the new chemical exposure limit (NCEL) provisions listed in
the TSCA section 5(e) consent order for these substances. The NCEL is
1.5 mg/m\3\ as an 8-hour time-weighted-average for both chemical
substances combined. Persons who wish to pursue NCELs as an alternative
to the Sec.  721.63 respirator requirements may request to do so under
Sec.  721.30. Persons whose Sec.  721.30 requests to use the NCELs
approach are approved by EPA will receive NCELs provisions comparable
to those contained in the corresponding section 5(e) consent order.
    (2) [Reserved]
    (ii) Hazard communication program. Requirements as specified in
Sec.  721.72 (a), (b), (c), (d), (e) (concentration set at 1.0
percent), (f), (g)(1)(ii), (g)(2)(ii), (g)(2)(iv) (use respiratory
protection or maintain workplace airborne concentrations at or below an
8-hour time-weighted average of 1.5 mg/m\3\), and (g)(5).
    (iii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(k) (manufacture of the substances with a
particle size less than 100 nanometers, where d10 particle size
presents the particle size, as determined by laser light scattering, at
which 10 percent by weight of the substance measured is smaller).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125 (a), (b), (c), (d), (f), (g), (h), and (i) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
[FR Doc. 2011-33255 Filed 12-27-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51152-51154]
[FR Doc No: 2022-17881]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0025]

UL LLC: Application for Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of UL LLC for
expansion of the scope of recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents the agency's preliminary finding
to grant the application.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before September 6, 2022.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the website. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>) for
assistance in locating docket submissions.

    Please note: While OSHA's docket office is continuing to accept and
process submissions by regular mail, due to the COVID-19 pandemic, the
Docket Office is closed to the public and not able to receive
submissions to the rulemaking record by express delivery, hand
delivery, and messenger service.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2009-0025). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    Extension of comment period: Submit requests for an extension of
the comment period on or before September 6, 2022 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor; or by fax to (202)
693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that UL LLC (UL) is applying to expand the
scope of its current recognition as a NRTL. UL requests the addition of
two test standards to its NRTL scope of recognition.
    OSHA's recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by NRTLs or applicant
organizations for initial recognition, as well as for expansion or
renewal of recognition, following the requirements in Appendix A to 29
CFR 1910.7. This appendix requires that the agency publish two notices
in the Federal Register in processing an application. In the first
notice, OSHA announces the application and provides a preliminary
finding. In the second notice, the agency provides the final decision
on the application. These notices set forth the NRTL's scope of
recognition or modifications of that scope. OSHA maintains an
informational web page for each NRTL, including UL, which details that
NRTL's scope of recognition. These pages are available from the OSHA
website at https://www.osha.gov/dts/otpca/nrtl/index.html. UL currently
has thirteen facilities (sites) recognized by OSHA for product testing
and certification, with headquarters located at: UL LLC, 333 Pfingsten
Road, Northbrook, Illinois 60062. A complete list of UL sites
recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/ul.html.

II. General Background on the Application

    UL submitted an application, dated December 24, 2021, to expand
recognition to include thirty-eight additional test standards (OSHA-
2009-0025-0043). This application was amended on July 19, 2022 to
separate two standards from the original request (OSHA-2009-0025-0044).
The remaining thirty-six standards will be addressed in a separate
Federal Register notice in the future. The current expansion under
consideration, if approved, will cover two standards. OSHA staff
performed a detailed analysis of the application packet and other
pertinent information. OSHA did not perform any on-site reviews in
relation to this application.
    Table 1, below, lists the test standards found in UL's application
for expansion for testing and certification of products under the NRTL
Program.

  Table 1--Proposed Test Standards for Inclusion in UL's NRTL Scope of
                               Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 2272..............................  Standard for Electrical Systems
                                        and Personal E-Mobility Devices.
UL 2849..............................  Standard for Electrical Systems
                                        for eBikes.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    UL submitted an acceptable application for expansion of the scope
of recognition. OSHA's review of the application files and related
material preliminarily indicate that UL can meet the requirements
prescribed by 29 CFR 1910.7 for expanding recognition to include the
addition of the test standards listed above for NRTL testing and
certification. This preliminary finding does not constitute an interim
or temporary approval of UL's application.

IV. Public Participation

    OSHA welcomes public comment as to whether UL meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to no longer than 10 days
unless the requester justifies a longer time period. OSHA may deny a
request for an extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well
as comments submitted to the docket, contact the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor, listed in ADDRESSES. These materials also are

generally available online at https://www.regulations.gov under Docket
No. OSHA-2009-0025 (for further information, see the ``Docket'' heading
in the section of this notice titled ADDRESSES),
    OSHA staff will review all comments to the docket submitted in a
timely manner and after addressing the issues raised by these comments,
make a recommendation to the Assistant Secretary for Occupational
Safety and Health on whether to grant UL's application for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the application. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on August 5, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-17881 Filed 8-18-22; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14906-14907]
[FR Doc No: 2019-07284]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2019-0102; FRL-9991-36-Region 7]

Air Plan Approval; Missouri; Measurement of Emissions of Air
Contaminants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the Missouri State Implementation Plan (SIP)
received by EPA on December 11, 2018. The submission revises Missouri's
regulation relating to measurement of emissions of air contaminants
which allows the director to obtain air contaminant emission data upon
request. These revisions are administrative in nature and do not impact
the stringency of the SIP. Specifically, these revisions reformat the
regulations and add definitions. Approval of these revisions will not
impact air quality, ensures consistency between the State and
Federally-approved rules, and ensures Federal enforceability of the
State's rules.

DATES: Comments must be received on or before May 13, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0102 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email
address [email protected].

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

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0102, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Missouri State
Implementation Plan (SIP) that were received by EPA on December 11,
2018. The SIP revision revises Missouri's regulation, Title 10 Code of
State Regulations (10 CSR) 10-6.180, ``Measurement of Emissions of Air
Contaminates'', which allows the director to obtain air contaminant
emission data from any source responsible for the emissions of air
contaminants. The revisions are administrative in nature. They
restructure the rule to meet Missouri's updated standard rule
organizational format and add definitions specific to the regulatory
text of 10 CSR 10-6.180 including air contaminant, director, facility,
qualified personnel and source. EPA's analysis of the SIP revision can
be found in the Technical Support Document included in this docket.

III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
state provided public notice on this SIP revision from May 1, 2018, to
June 7, 2018, and received no comment. In addition, as explained above
and in more detail in the technical support document which is part of
this docket, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.

IV. What action is EPA taking?

    The EPA is proposing to amend the Missouri SIP by approving the
State's request to amend 10 CSR 10-6.180, ``Measurement of Emissions of
Air Contaminants.'' Approval of these revisions will ensure consistency
between state and Federally-approved rules. The EPA has determined that
these changes will not adversely impact air quality.
    We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.

V. Incorporation by Reference

    In this document, EPA is proposing to include regulatory text in an
EPA final rule that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the Missouri Regulations described in the proposed amendments
to 40 CFR part 52 set forth below. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 7 Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act (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, 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     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, as 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
    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).

List of Subjects in 40 CFR Part 52

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

James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 52 as set forth below:

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--AA Missouri

0
2. In Sec.  52.1320, paragraph (c), the table is amended by revising
the entry for 10-6.180 to read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
    Missouri citation            Title         effective date      EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.180................  Measurement of           11/30/2018  [Date of publication of   .......................
                           Emissions of Air                     the final rule in the
                           Contaminants.                        Federal Register],
                                                                [Federal Register
                                                                citation of the final
                                                                rule].

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

* * * * *
[FR Doc. 2019-07284 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Page 9400]
[FR Doc No: 2011-3555]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: NOTAM
Realignment User Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information collection.
The Federal Register Notice with a 60-day comment period soliciting
comments on the following collection of information was published on
September 9, 2010, vol. 75, no. 174, pages 54942-54943. In accordance
with FAA Order JO 1030.4, ATO SysOps Services SMS Oversight, the FAA
ATO System Operations Management, Safety Assurance Group (SAG) is
conducting an assessment of the Notice to Airmen (NOTAM) Realignment
Phase 1 (NRP-1) process to determine if unacceptable hazards exist
within the National Airspace System (NAS). Essential to the assessment
is a survey of airline and corporate pilots and dispatchers as well as
airport operators and general aviation pilots.

DATES: Written comments should be submitted by March 21, 2011.

FOR FURTHER INFORMATION CONTACT: Carla Scott on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-XXXX.
    Title: NOTAM Realignment User Survey.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Approval of a new information collection.
    Background: Results of the SOSM SAG NOTAM Realignment Phase 1 (NRP-
1) Assessment will be used to establish the status of identified
hazards and ensure no new hazards have been introduced into the NAS. In
addition to on-site visits, the SOSM SAG audit team has prepared three
surveys. This submission only concerns an external survey directed to
users of the National Airspace System (NAS).
    Respondents: 150,607 users of the National Airspace System.
    Frequency: This information is collected on occasion.
    Estimated Average Burden per Response: 7 minutes.
    Estimated Total Annual Burden: 881 hours.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington,
DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on February 11, 2011.
Carla Scott,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 2011-3555 Filed 2-16-11; 8:45 am]
BILLING CODE 4910-13-P