[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11295-11297]
[FR Doc No: 2018-05129]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of actions on special permit applications.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before April 13, 2018.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on March 1, 2018.
Donald Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                Applicant           Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Granted
----------------------------------------------------------------------------------------------------------------
11323-M.....................  SHARPSVILLE CONTAINER      173.302a(a)(1),.........  To modify the special permit
                               CORPORATION.                                         to authorize an additional
                                                                                stainless steel cylinder.
14313-M.....................  AIRGAS USA LLC...........  172.203(a), 172.301(c),   To modify the special permit
                                                          173.302a(b), 180.205.     to remove the requirement
                                                                                for an annual gain control
                                                                                linearity check and replace
                                                                                it with a one time
                                                                                certification from the
                                                                                manufacturer generated at
                                                                                the time of the system
                                                                                manufacture.
14832-M.....................  TRINITY INDUSTRIES, INC..  172.203(a),               To modify the special permit
                                                          173.31(e)(2)(iii),        to authorize an additional
                                                          179.100-12(c).            toxic by inhalation
                                                                                material.
15647-M.....................  FIBA TECHNOLOGIES, INC...  179.7, 180.505,           To modify the special permit
                                                          180.519(b)(6).            to authorize visual
                                                                                inspection for certain tanks
                                                                                rather than hydrostatic
                                                                                testing.

15980-M.....................  WINDWARD AVIATION INC....  172.400, 172.200,         To modify the special permit
                                                          172.300, 173.27,          to authorize additional
                                                          175.33, 175.75.           Class 2.1, 3, and 8 hazmat.
16232-M.....................  LINDE GAS NORTH AMERICA    171.23(a),                To modify the special permit
                               LLC.                       171.23(a)(2)(ii),         to authorize additional
                                                          171.23(a)(3),             cylinders for the
                                                          173.301(f)(3),            transportation in commerce
                                                          173.301(g).               of Xenon/Krypton.
20350-N.....................  STRATO, INC..............  179.7(b)(8).............  To authorize the manufacture,
                                                                                mark, sell, and use of tank
                                                                                car service equipment
                                                                                manufactured under a
                                                                                previously valid Class F
                                                                                registration.
20425-N.....................  COMPOSITE ADVANCED         173.302(a)..............  To authorize the
                               TECHNOLOGIES CNG.                                    transportation in commerce
                                                                                of non-DOT specification
                                                                                over wrapped carbon fiber
                                                                                and epoxy composite
                                                                                reinforced cylinder.
20441-M.....................  SPACEFLIGHT, INC.........  173.185(a)..............  To modify the special permit
                                                                                from emergency to routine.
20525-N.....................  AVFUEL CORPORATION.......  180.407(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of certain non-DOT
                                                                                specification cargo tanks
                                                                                (airport refueller trucks)
                                                                                containing a residue of
                                                                                gasoline and aviation fuel.
20541-N.....................  ISGEC HEAVY ENGINEERING    179.300-19(a)...........  To authorize the manufacture,
                               LTD.                                                 mark, sale, and use of DOT
                                                                                specification tank cars that
                                                                                have been inspected outside
                                                                                of the United States.
20549-N.....................  CORNERSTONE ARCHITECTURAL  172.400, 172.700(a),      To authorize the manufacture,
                               PRODUCTS LLC.              172.102(c)(1), 172.200,   marking, sale and use of non-
                                                          172.300.                  DOT specification fiberboard
                                                                                boxes for the transportation
                                                                                in commerce of certain
                                                                                batteries without shipping
                                                                                papers, marking of the
                                                                                proper shipping name and
                                                                                identification number or
                                                                                labeling, when transported
                                                                                for recycling or disposal.
20566-N.....................  UNIVERSITY OF LOUISIANA    173.199(a)..............  To authorize the
                               AT LAFAYETTE.                                        transportation in commerce
                                                                                of category B infectious
                                                                                substances.
20571-N.....................  CATALINA CYLINDERS, INC..  173.302a,                 To authorize the manufacture,
                                                          178.71(l)(1)(i),          mark, sale, and use of non-
                                                          178.71(l)(1)(ii).         DOT specification cylinders
                                                                                meeting the requirements of
                                                                                ISO 11119-2, except as
                                                                                specified in the special
                                                                                permit.
20584-N.....................  BATTERY SOLUTIONS, LLC...  173.185(f)(3)...........  To authorize the manufacture,
                                                                                mark, sale and use of
                                                                                certain drums for the
                                                                                transportation in commerce
                                                                                of certain damaged or
                                                                                defective lithium ion cells
                                                                                and batteries and lithium
                                                                                metal cells and batteries.
20597-N.....................  DEPARTMENT OF DEFENSE      173.220.................  To authorize the
                               (MILITARY SURFACE                                    transportation of remotely
                               DEPLOYMENT &                                         piloted vehicles which are
                               DISTRIBUTION COMMAND).                               fueled while in
                                                                                transportation.
20600-N.....................  FIREAWAY INC.............  173.56(b)...............  To authorize the manufacture,
                                                                                mark, sale, and use of fire
                                                                                extinguishing and
                                                                                suppression articles shipped
                                                                                as UN3268, Safety Devices.
20601-N.....................  Capella Space Corp.......  173.185(a)..............  To authorize the
                                                                                transportation in commerce
                                                                                of low production lithium
                                                                                batteries contained in
                                                                                equipment via cargo-only
                                                                                aircraft.
20609-N.....................  AUTOLIV ASP, INC.........  172.700(a), 172.200(a),   To authorize the
                                                          172.203(a), 172.302(c).   transportation in commerce
                                                                                of hazmat that has been
                                                                                packaged by individuals who
                                                                                are not fully hazmat
                                                                                trained.
----------------------------------------------------------------------------------------------------------------
                                          SPECIAL PERMITS DATA--Denied
----------------------------------------------------------------------------------------------------------------
20545-N.....................  STANDARD FUSEE             172.401, 172.101,         To authorize the
                               CORPORATION.               172.202, 172.301.         transportation in commerce
                                                                                of certain explosive
                                                                                materials reclassed as
                                                                                Division 4.1.
20560-N.....................  CYTEC INDUSTRIES INC.....  172.400, 172.200,         To authorize the
                                                          172.301, 173.213.         transportation in commerce
                                                                                of phosphorus contained in
                                                                                manufactured articles in non-
                                                                                DOT specification packaging
                                                                                without certain hazard
                                                                                communication.
----------------------------------------------------------------------------------------------------------------
                                         SPECIAL PERMITS DATA--Withdrawn
----------------------------------------------------------------------------------------------------------------
20518-N.....................  COLEP PORTUGAL, S.A......  178.33-7................  To authorize manufacture,
                                                                                mark, sale and use of non-
                                                                                DOT specification Aerosol
                                                                                cans conforming with all
                                                                                regulations applicable to a
                                                                                DOT specification (2P and
                                                                                2Q), except for the wall
                                                                                thickness.
20578-N.....................  JAMES ALEXANDER CORP.....  172.101(j), 172.101(j),   To authorize the
                                                          173.27(b), 173.27(b).     transportation in commerce
                                                                                of articles containing 40-
                                                                                60% hydrogen peroxide by
                                                                                aircraft.
20605-N.....................  GUARDIAN HELICOPTERS, INC  172.101(j), 172.200,      To authorize the
                                                          172.204(c)(3),            transportation in commerce
                                                          172.301(c), 173.1,        of certain hazardous
                                                          173.27(b)(2),             materials by 14 CFR Part 133
                                                          175.30(a)(1), 175.75.     cargo-only aircraft
                                                                                (rotorcraft external load
                                                                                operations) transporting
                                                                                hazardous materials attached
                                                                                to or suspended from the
                                                                                aircraft, and Part 135, as
                                                                                applicable, in remote areas
                                                                                of the US only, without
                                                                                being subject to certain
                                                                                hazard communication
                                                                                requirements, quantity
                                                                                limitations and certain
                                                                                loading and stowage
                                                                                requirements.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-05129 Filed 3-13-18; 8:45 am]
 BILLING CODE 4909-60-P


SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST NUMBER 1736.05

EPA’S NATURAL GAS STAR PROGRAM

January 15, 2008

	TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	  1

1(a)	TITLE AND NUMBER OF THE INFORMATION COLLECTION	1

1(b)	CHARACTERIZATION OF THE INFORMATION COLLECTION	  1

1(c)	TERMS OF CLEARANCE OF THE INFORMATION COLLECTION 	1

2.	NEED FOR AND USE OF THE COLLECTION	 4

2(a)	NEED AND AUTHORITY FOR THE COLLECTION	 4

2(b)	PRACTICAL UTILITY/USERS OF THE DATA	 4

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA	 4

3(a)	NONDUPLICATION	 4

3(b)	CONSULTATIONS	 4

3(c)	PUBLIC NOTICE	 5

3(d)	EFFECTS OF LESS FREQUENT COLLECTION	 5

3(e)	GENERAL GUIDELINES	 5

3(f)	CONFIDENTIALITY	 5

3(g)	SENSITIVE QUESTIONS	 5

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	 6

4(a)	RESPONDENTS/SIC CODES	 6

4(b)	INFORMATION REQUESTED	 6

5.	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT	 9

5(a)	AGENCY ACTIVITIES	 9

5(b)	COLLECTION METHODOLOGY AND MANAGEMENT	 10

5(c)	SMALL ENTITY FLEXIBILITY	 10

5(d)	COLLECTION SCHEDULE	10

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION	 10

6(a)	ESTIMATING RESPONDENT BURDEN	 10

6(b)	ESTIMATING RESPONDENT COSTS	 10

6(c)	ESTIMATING AGENCY BURDEN AND COST	 11

6(d)	ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN	14

             6(e)	BOTTOM LINE BURDEN HOURS AND COSTS	 15

6(f)	REASONS FOR CHANGE IN BURDEN	 15

6(g)	BURDEN STATEMENT	 15

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection

This ICR is entitled "Reporting and Recordkeeping Requirements Under
EPA's Natural Gas STAR Program," ICR number 1736.05, OMB Control No.
2060-0328.

1(b)	Characterization of the Information Collection

Natural Gas STAR is a voluntary program sponsored by the U.S.
Environmental Protection Agency (EPA) that encourages oil and natural
gas companies to adopt cost effective methods for reducing methane
emissions.  The program works with oil and natural gas production,
processing, storage, transmission, and distribution companies to remove
barriers that inhibit the implementation of various emission reduction
opportunities. The Program effectively advances the adoption of emission
reduction technologies by working with Natural Gas Star Partners to
evaluate a set of Best Management Practices (BMPs) and various Partner
Reported Opportunities (PROs) in the context of their current business
operations, and implement them where cost effective. Implementation of
the program’s BMPs and PROs save participants money, improves
operational efficiency, and enhances the protection of the environment.

Participation in the program begins with the completion and submittal of
a one-page Memorandum of Understanding (MOU) that outlines
responsibilities of the Natural Gas STAR Partner and EPA.  The MOU
commits a Natural Gas STAR Partner to reviewing its activities that
result in methane emissions and consider a set of options that reduce
emissions, increase profits and competitiveness, and maintain or enhance
gas delivery service.  In addition, Partners agree to implement BMPs and
PROs that pertain to the Partner's operations (production, transmission,
processing, storage, and/or distribution).  Partners also agree that the
BMPs and PROs are generally cost effective for the industry, but
favorable economics are dependent upon site specific factors.

Natural Gas STAR Partners also agree to submit an Implementation Plan
within six to twelve months of signing the MOU.  In subsequent years,
Partners must complete and submit an Annual Report that documents the
implementation of BMPs and PROs and associated methane emission
reduction accomplishments.  In return for their participation, Partners
are allowed to advertise their membership and involvement in the
program.  EPA helps Partners with their communication efforts and also
provides program implementation assistance by analyzing emerging
technologies and conducting workshops and training courses.  This
voluntary agreement can be terminated by the Natural Gas STAR Partner or
EPA with no notice or penalties.

1(c)	Terms of Clearance of the Information Collection

When this collection was approved in 2004, OMB asked EPA to evaluate the
extent to which the partners would have reduced their emissions in the
absence of the program, and that EPA should not use these data to
estimate aggregate emission reductions across the industry resulting
from the Natural Gas STAR Program. In regard to the latter issue, EPA
agrees with OMB and does not use the data in this manner.

The extent to which partners would have reduced their emissions in the
absence of the Program is a challenging question, but one that EPA takes
very seriously. As is described later in this Supporting Statement,
Partners of the Natural Gas STAR Program are asked to submit
Implementation Plans every three years describing the emissions
reduction practices they plan to evaluate and implement. Partners are
then asked to submit annual progress reports detailing emission
reduction activities undertaken during the previous calendar year. The
Natural Gas STAR Program asks that partners only include in their
reports practices that were undertaken voluntarily; i.e. not to include
reductions attributable to compliance with existing regulations.

The emission reductions reported by Partners include reductions
associated with the implementation of traditional program Best
Management Practices (BMPs) and reductions achieved through the adoption
of Partner Reported Opportunities (PROs). PROs are activities identified
by Natural Gas STAR Partners, beyond the original BMPs, that result in
methane emissions reductions. It is worthwhile to note that for 2006,
61% of reductions reported to Natural Gas STAR were due to these Partner
identified emissions reduction activities. A significant portion of
Natural Gas STAR’s efforts in recent years has been devoted to
promoting these PROs through technical document development and hosting
of specialized technology transfer workshops.

Emission reduction data submitted to EPA are used to measure the
effectiveness of the Natural Gas STAR Program.  EPA, however, does not
attribute all of these emissions reductions to Natural Gas STAR.  In
particular, emission reduction data for Transmission and Distribution
BMP 2, Pipeline Replacement, is largely considered regulatory driven and
is not included when calculating program accomplishments.  In addition,
for each annual report, a quality assurance/quality control check is
performed on all data.  Unrealistic emissions reduction claims and any
errors or inconsistencies are identified and resolved through direct
correspondence with the appropriate company (ies).   If necessary, these
data are omitted or adjusted prior to their inclusion in the accounting
of Natural Gas STAR Program accomplishments.

In an effort to ensure that these data accurately reflect the impact of
the Program, EPA has performed a scenario analysis.  As shown in Figure
1, a business as usual scenario was developed that displays projected
methane emissions in the absence of the Natural Gas STAR Program. This
emission scenario is calculated by multiplying emission factors by
projected levels of production, processing and transmission/distribution
as reported in the Energy Information Agency’s American Energy Outlook
(AEO 2002).  The emission factors are assumed to decline 5% over 25
years to reflect increased efficiencies in the natural gas system.

In the same figure, an alternative emissions scenario is constructed
that assumes all cost-effective mitigation options are implemented over
the time period.  Cost-effective mitigation options are defined as those
options where the project generates a positive internal rate of return.
While these options are cost effective, they are not implemented in the
no-action scenario because of information, policy and other non-cost
barriers. The difference between this emission scenario and the
no-action scenario represents the total potential emission reduction
that would reasonably be achieved by the Natural Gas STAR Program if all
barriers to implementation were removed.

In support of the President’s national greenhouse gas intensity
target, EPA used the emission projections with and without
cost-effective reductions implemented and past experience with
supporting the natural gas industry to set program reduction targets for
the Natural Gas STAR Program (as illustrated by the red dotted line and
reported in the Climate Action Report (CAR)).  As illustrated by the
orange line, the Natural Gas STAR Program is tracking well against these
emission reduction targets.

 Using this analysis as a guide, EPA is able to estimate the extent to
which regulatory, information, and other barriers that often inhibit the
implementation of these activities can be overcome by the Natural Gas
STAR Program. The Program overcomes these barriers through a variety of
activities including:

-	Development of technical fact sheets, reports and articles

-	Hosting technology transfer workshops

-	Providing analytical support to Partner companies

-	Supporting research activities

-	Publicizing achievements of Partner companies

-	Providing a mechanism for recording and storing information about
emission reduction activities

In addition to benefiting Partner companies who report these reductions,
these activities benefit non-Partner companies who are not reporting to
the Program. For example, all the technical documents developed by the
Program are made available to the public on the Natural Gas STAR
website, and workshop attendance is not restricted to Program Partners.
Thus, it can be assumed that a substantial portion of the natural gas
industry that is not participating in the Natural Gas STAR Program is
also implementing some of the emission reduction activities that are
encouraged by the Program. As noted above, Natural Gas STAR does not
attempt to estimate the accomplishments of these companies, even though
their activities are at least partially due to the existence of the
Natural Gas STAR Program.

*Figure 1:  Natural Gas Industry Methane Emission Projections

*Notes and Data Sources:

Projected emissions without Gas STAR are from the Global Anthropogenic
Non-CO2 Greenhouse Gas Emissions: 1990-2020, EPA 430-R-06-003. Projected
emissions with cost effective options included are from the Global
Mitigation of Non-CO2 Greenhouse Gases, EPA 430-R-06-005.

Program reductions are based on expert judgment and were used to measure
the GHG intensity of the U.S. economy in the U.S. Climate Action Report
- 2006, Department of State, Chapters 4-5.

2.	NEED FOR AND USE OF THE COLLECTION

2(a)	Need/Authority for the Collection

EPA has developed this ICR to obtain authorization to collect
information from Natural Gas STAR Partners.  EPA needs to collect
initial information in the one-page MOU to formally establish
participation in the Natural Gas STAR Program and to obtain general
information on new Natural Gas STAR Partners.  EPA uses information
obtained in the MOU to identify and initiate communication with the
Partner’s Natural Gas STAR Implementation Manager and Media Liaison.

By agreeing to participate in the Natural Gas STAR Program, the Partner
commits to completing and submitting an Implementation Plan and an
Annual Report.  The Implementation Plan and Annual Report are necessary
to evaluate a Partner's progress and performance, and assess overall
program results.  The information provided in these communications also
allows EPA to identify the equipment, systems, maintenance methods, and
implementation methods most commonly utilized, and to provide technical
and other assistance to Partners in completing and enhancing their
planned implementation of BMPs and PROs.

2(b)	Practical Utility/Users of the Data

EPA uses information submitted in the MOU to update its
database/tracking system containing information on current and potential
Natural Gas STAR Partners.  The database serves as a source of general
information and a mailing list for both Partners and non-partner
companies.  EPA uses information submitted in the Implementation Plan
and Annual Report to document the progress of companies and
organizations in implementing the program and reducing methane
emissions.  EPA enters annual report information received from Partners
into the tracking system.  EPA also aggregates these data and prepares
various progress reports.  With Partner permission, EPA uses these data
to develop technical publications on specific economic emission
reduction practices and case studies of successful implementation
experiences.  These documents serve to demonstrate to current and
potential Partners the cost savings that can be realized through various
equipment upgrades and maintenance activities, and to provide technical
and implementation assistance.

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a)	Nonduplication

The information to be obtained under this ICR has not been collected by
EPA or any other Federal agency.

3(b)	Consultations

	Since the last ICR Renewal, all of the information collection
procedures for Natural Gas STAR have remained in a similar format.  EPA
contacted the following people and received no objections to this
information request.

Steven O'Connell

Environment Safety and Heath Supervisor

20 North Broadway

Oklahoma City, OK 73102-8260

405-552-4672

<EMAIL_ADDRESS>
Brady Dodson

Environment, Safety and Health Specialist

1100 Louisiana St, Suite 3300

Houston, TX 77002

713-821-2161

<EMAIL_ADDRESS>
John Cordaway

Reliability Engineer

El Paso Natural Gas Company

1001 Louisiana St., Suite 1503

Houston, TX 77002

713-420-4279

<EMAIL_ADDRESS>

3(c)       Public Notice Required Prior to ICR Submission to OMB

In compliance with the Paperwork Reduction Act of 1995, EPA solicited
public comments on the ICR through an announcement in the Federal
Register on November 1, 2007 (72 FR 61875).  No comments were received
in response to the notice.

3(d)	Effects of Less Frequent Collection

The development of an MOU is a one-time information submittal from
companies that voluntarily choose to become Partners in the Natural Gas
STAR Program.  Partners must also prepare and submit an Implementation
Plan, and revise the plan every three years.  Partners must also submit
an Annual Report while participating in the program.  EPA believes that
any reduction in the frequency of this information collection would
impede efforts by EPA to evaluate results of the program.

3(e)	General Guidelines

None of these reporting or record keeping requirements violate any of
the regulations established by OMB in 5 CFR 1320.5.

3(f)	Confidentiality

Participation in the Natural Gas STAR Program is voluntary.  Natural Gas
STAR Partners may designate information submitted under this ICR as
confidential business information.  EPA will treat all such information
as confidential business information and will not make the company or
agency-specific information collected under this ICR available to the
general public.

3(g)	Sensitive Questions

No questions of a sensitive nature are asked in the MOU, Implementation
Plan, or the Annual Report.

4. 	THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a)	Respondents/NAICS Codes

The following is a list of North American Industry Classification System
(NAICS) codes and associated industries that may be affected by
information collection requirements covered under this ICR:

211111		Crude Petroleum and Natural Gas Extraction

48621		Pipeline Transportation of Natural Gas

22121		Natural Gas Distribution

4(b)	Information Requested

EPA's Natural Gas STAR Program specifies requirements for Partners.  All
Natural Gas STAR Partners must develop and submit a one-page Memorandum
of Understanding (MOU) with the Agency upon agreeing to participate in
the program.  Partners also must complete and submit to EPA a Natural
Gas STAR Program Implementation Plan within six months of signing the
MOU.  The Implementation Plan is an outline of what will happen over the
next three years, and serves as a plan for the Partner to follow.
Partners also submit an Annual Report to the Agency.  The Annual Report
documents what has been accomplished in the past year, using the
Implementation Plan as a guideline for comparison.

Memorandum of Understanding

Natural Gas STAR Partners are required to sign and submit to EPA the
one-page MOU that describes the terms of participation in the program.

(i)	Data items:

Partners must provide the following information in the MOU:

The name, title, address, telephone and facsimile number, and e-mail
address of a Natural Gas STAR Program Implementation Manager and a Media
Liaison;

The name and signature of the Partners' Authorized Company
Representative;

A camera-ready version of the Partner's logo, or other emblem;

(ii)	Respondent activities:

In developing the MOU, Partners must perform the following activities:

Receive and review the one-page MOU;

Gather information and fill out the MOU; and

Sign the MOU and submit it to EPA.

Implementation Plan

Partners must complete and submit a Natural Gas STAR Implementation Plan
within six to twelve months of signing the MOU.

(i)	Data items:

The Implementation Plan form requests the following information:

General company information (e.g., company name and contact, position,
address, telephone and facsimile numbers, etc.);

An Implementation Plan Summary;

Information on applicable Best Management Practices, which are reported
by BMP type:

		Directed Inspection and Maintenance at Gate Stations and Surface
Facilities;

	Identification and Rehabilitation of Leaky Distribution Pipe;

	Directed Inspection and Maintenance programs at Compressor Stations;

	Use of Turbines at Compressor Stations;

	Identification and Replacement of High Bleed Pneumatic Devices;

	Installation of Flash Tank Separators on Glycol Dehydrators;

	Replace Gas Pneumatics with Instrument Air Systems; and

	Implement Directed Inspection and Maintenance at Gas Plants and Booster
Stations.

Information on applicable Partner Reported Opportunities that the
company chooses to evaluate and implement; and

Inventory of past methane emission reductions.

(ii)	Respondent activities:

Partners must conduct the following activities in preparing the
Implementation Plan:

Review the instructions;

Gather the requested information and develop the Implementation Plan;

Complete the form(s);

Sign and submit the plan to EPA; and

Update the plan, if necessary.

Annual Report

Partners must complete and submit a Natural Gas STAR Annual Report while
participating in the program.

(i)	Data items:

The Annual Report form requests the following information:

General company information (e.g., company name and contact, position,
address, period covered by report, telephone and facsimile numbers,
etc.);

An Annual Report Summary;

Information on Emission Reduction Technologies & Practices or Best
Management Practices executed, which are reported by the following BMP
type:

Directed Inspection and Maintenance at Gate Stations and Surface
Facilities;

Identification and Rehabilitation of Leaky Distribution Pipe;

Directed Inspection and Maintenance programs at Compressor Stations;

Use of Turbines at Compressor Stations for New Installations or When
Retiring Reciprocating Engines;

Identification and Replacement of High Bleed Pneumatic Devices;

Installation of Flash Tank Separators on Glycol Dehydrators;

Replace Gas Pneumatics with Instrument Air Systems; and

Implement Directed Inspection and Maintenance at Gas Plants and Booster
Stations.

Information on applicable Partner Reported Opportunities that the
company implemented; and

Information on Additional Program Accomplishments.

(ii)	Respondent activities:

Partners must conduct the following activities in preparing the Annual
Report:

Review the instructions;

Gather the requested information for the initial report;

Complete the initial form(s);

Sign and date the initial report;

Submit the initial report to EPA; and

Prepare and submit a subsequent Annual Report.

Additional Activities

During participation in the program, Partners may be required to notify
EPA within two weeks of any change in Natural Gas STAR Program
Implementation Manager responsibility.

(i)	 Data items:

Partner must provide EPA with the name of the new Implementation
Manager.

(ii) 	Respondent activities:

Notify EPA within two weeks of any change in Natural Gas STAR
Implementation Manager responsibility.

5.	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT

5(a)	Agency Activities

The Natural Gas STAR Program requires EPA to perform activities after a
Partner submits the MOU, Implementation Plan, and Annual Report.

Memorandum of Understanding

EPA must perform the following activities following the submittal of an
MOU:

Review the MOU to ensure completeness and accuracy, and follow up, if
necessary;

Sign the MOU;

Develop a cover letter;

Copy the cover letters and MOUs;

Send cover letter and original MOU back to Partner;

File copies of cover letters and MOUs; and

Enter MOU information into a tracking database.

Implementation Plan

EPA must perform the following activities after the submittal of an
Implementation Plan:

Review the plan to ensure completeness and accuracy, and follow-up, if
necessary;

Make copies of the plan;

File copies of the plan; and

Enter information into a tracking database.

Annual Report

EPA must perform the following activities after the submittal of an
Annual report:

Review the report to ensure completeness and accuracy, and follow-up, if
necessary;

Make copies of the report;

File copies of the report; and

Enter information into an emissions reduction data management database.

Additional Activities

EPA also may be required to perform the following additional activity:

Enter any changes in Partner's information into a database (e.g.,
Implementation Manager's responsibility, newsletter mailing list, etc.).

5(b)	Collection Methodology and Management

In collecting and analyzing the information associated with this ICR,
EPA uses a state-of-the-art telephone system, personal computers, and
applicable database and word processing software.  In addition to
traditional hard copy data collection methods, all information can be
submitted to EPA electronically.  EPA has created the capability for
companies to submit Annual Reports through a password protected website
or by e-mailing an electronic reporting form.

EPA ensures the accuracy and completeness of collected information by
reviewing each submittal.  EPA enters the information obtained from the
MOU, Implementation Plan, and Annual Reports into a database and
aggregates data obtained from the Implementation Plan and Annual Reports
to track the progress of Partners in reducing methane emissions.

5(c)  	Small Entity Flexibility

EPA reviewed available company Web sites for Partner organizations that
were believed to be small entities.  Upon completion of the review, EPA
estimated that one Natural Gas STAR Partner is a small entity. EPA has
designed its plan and electronic reporting forms to minimize respondent
burden while obtaining sufficient and accurate information.  In
addition, the burden associated with the Natural Gas STAR Program is
inherently reduced since the initial agreement to participate is
voluntary.

5(d)	Collection Schedule

EPA collects initial information in the one-page MOU, which is completed
and submitted by each Partner upon agreement to participate in the
program.  EPA collects information in the Implementation Plan six to
twelve months after receiving a signed MOU.  Each spring, EPA collects
information in the Annual Report to monitor emission reduction progress.
 Finally, EPA may collect other program information on a periodic basis
or as the information is submitted; these items include notification of
changes in Implementation Manager responsibility, and notification of
changes in a Partner's gas system.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a)	Estimating Respondent Burden

Exhibit 1 presents the estimated annual respondent burden and costs for
information collection activities associated with the Natural Gas STAR
Program.

6(b)	Estimating Respondent Costs

EPA used a national average hourly labor rate (hourly rate plus 110%
overhead) of $141.69 for legal staff, $117.56 for managerial staff,
$89.01 for technical staff, and $44.78 for clerical staff.  Legal,
managerial, technical, and clerical labor rates were obtained from the
Bureau of Labor and Statistics average rates for Pipeline Transportation
of Natural Gas (NAICS code 486200), Natural Gas Distribution (NAICS code
221200), and Oil and Gas Extraction (NAICS code 211100).  The labor
rates used were calculated by averaging labor rates for the three NAICS
codes.  Legal rates were based on lawyers, management wages were based
on environmental managers, technical wages were based on environmental
engineers, and clerical rates were based on executive secretaries and
administrative assistants for May 2006.  A June 2007 labor rate for all
rates was estimated by applying a 3.5% growth factor from the employment
cost index to account for increases in wages from June 2006 to June
2007.  The Employment Cost Index for wages and salaries, by ownership,
occupational group, and industry is located at:
http://www.bls.gov/news.release/eci.t02.htm

To develop respondent capital and O & M cost estimates, EPA consulted
with members of the oil and gas industry.  EPA believes that the capital
or operations and maintenance costs of this program are not significant.
 The only O & M costs expected are for postage.  A postage cost of $3.00
is attributed to all activities involving the sending of materials to
account for the use of trackable mail.

6(c)	Estimating Agency Burden and Costs

Exhibit 2 presents the estimated Agency burden hours and costs for the
information collection activities associated with this ICR.  EPA
estimates an average hourly labor cost (labor plus overhead) of $71.34
for legal staff, $66.72 for managerial staff, $48.91 for technical
staff, and $19.65 for clerical staff.  To derive these estimates, EPA
used the “Hourly Salary Table 2007 - GS” from the Department of
Personnel Management.  For purposes of this ICR, EPA assigned staff the
following government service levels:

Legal Staff				GS-15, Step 1

Managerial Staff			GS-14, Step 4

Technical Staff			GS-12, Step 5

Clerical Staff			GS-5, Step 1.

	To derive the loaded hourly estimates, EPA multiplied hourly rates by
the standard government overhead factor of 1.6.EXHIBIT 1

	ESTIMATED ANNUAL RESPONDENT BURDEN AND COST

Hours and Costs Per Respondent/Activity	Total Hours and Costs

 	Number of

	Leg.	Mgr.	Tech.	Cler.	Respon.	Labor	Capital/

Respon.	Total	Total

	$141.69	$117.56	$89.01	$44.78	Hours/	Cost/	Startup	O & M	or	Hours/
Cost/

INFORMATION COLLECTION ACTIVITY1	Hour	Hour	Hour	Hour	Activity	Activity
Cost	Cost	Activities	Year	Year

Memorandum of Understanding

  Receive and review the MOU	1.00 	8.00 	0.00 	0.00 	9.00 	$1,082 	$0
$0 	9	81 	$9,738

  Gather information and fill out MOU data sheet	1.00 	25.00 	0.00 	2.00
	28.00 	$3,170 	$0 	$0 	9	252 	$28,530

  Sign and submit MOU to EPA	0.00 	0.50 	0.00 	0.50 	1.00 	$81 	$0 	$3
9	9 	$756

SUBTOTAL	 	 	 	 	 	 	 	 	 	342 	$39,024

Implementation Plan

  Review instructions	0.00 	2.00 	0.00 	0.00 	2.00 	$235 	$0 	$0 	9	18
$2,115

  Gather information and develop the Implementation Plan	0.00 	10.00
10.00 	0.00 	20.00 	$2,066 	$0 	$0 	9	180 	$18,594

  Complete the form(s)	0.00 	1.00 	0.00 	1.00 	2.00 	$162 	$0 	$0 	9	18
$1,458

  Sign and submit plan to EPA	0.00 	0.50 	0.00 	0.50 	1.00 	$81 	$0 	$3
9	9 	$756

  Update Implementation Plan, as necessary and Submit to EPA	0.00 	6.50
4.00 	1.50 	12.00 	$1,187 	$0 	$3 	44	528 	$52,360

SUBTOTAL	 	 	 	 	 	 	 	 	 	753 	$75,283

Annual Report

  Review instructions	0.00 	7.00 	0.00 	0.00 	7.00 	$823 	$0 	$0 	9	63
$7,407

  Gather the requested information for the initial report	0.00 	10.00
37.00 	0.00 	47.00 	$4,469 	$0 	$0 	9	423 	$40,221

  Complete the initial form(s)	0.00 	4.00 	0.00 	1.00 	5.00 	$515 	$0
$0 	9	45 	$4,635

  Sign and submit the initial report to EPA	0.00 	0.50 	0.00 	0.50 	1.00
	$81 	$0 	$3 	9	9 	$756

  Prepare and submit a subsequent Annual Report	0.00 	9.03 	16.70 	1.35
27.08 	$2,608 	$0 	$3 	146	3,953 	$381,206

SUBTOTAL	 	 	 	 	 	 	 	 	 	4,493 	$434,225

Additional Activities

  Notify EPA within two weeks of any change in Natural

  Gas Star Implementation Manager responsibility	0.00 	1.00 	0.00 	0.50
1.50 	$140 	$0 	$3 	15	23 	$2,145

SUBTOTAL	 	 	 	 	 	 	 	 	 	23 	$2,145

TOTAL	 	 	 	 	 	 	 	 	 	5,610 	$550,677

	1 Since the last ICR renewal, EPA has removed the burden for requesting
and mailing EPA Developed Materials for Natural Gas Star.  All of these
materials are now available on the Natural Gas STAR Web site, and thus
this burden is no longer relevant.

EXHIBIT 2

	ESTIMATED ANNUAL AGENCY BURDEN AND COST

Hours and Costs Per Respondent/Activity	Total Hours and Costs

 	Number of

	Leg.	Mgr.	Tech.	Cler.	Respon.	Labor	Capital/

Respon.	Total	Total

	$71.34	$66.72	$48.91	$19.65	Hours/	Cost/	Startup	O & M	or	Hours/	Cost/

INFORMATION COLLECTION ACTIVITY1	Hour	Hour	Hour	Hour	Activity	Activity
Cost	Cost	Activities	Year	Year

Memorandum of Understanding

Review MOU and follow up, if necessary	0.00 	0.00 	1.00 	0.00 	1.00 	$49
	$0 	$0 	9 	9 	$440

Sign the MOU	0.00 	0.05 	0.00 	0.00 	0.05 	$3 	$0 	$0 	9 	0 	$30

Develop a cover letter	0.00 	0.00 	0.00 	0.10 	0.10 	$2 	$0 	$0 	9 	1
$18

Copy cover letters and MOUs	0.00 	0.00 	0.00 	0.08 	0.08 	$2 	$0 	$0 	9
1 	$14

Send cover letters and original MOU back

to partner	0.00 	0.00 	0.00 	0.10 	0.10 	$2 	$0 	$3 	9 	1 	$45

File copies of cover letters and MOUs	0.00 	0.00 	0.00 	0.10 	0.10 	$2
$0 	$0 	9 	1 	$18

Enter MOU information into a data base	0.00 	0.00 	0.00 	0.25 	0.25 	$5
$0 	$0 	9 	2 	$44

Subtotal	 	 	 	 	 	 	 	 	 	15 	$609

Implementation Plan

Review plan and follow up, if necessary	0.00 	0.00 	2.00 	0.00 	2.00
$98 	$0 	$0 	53 	106 	$5,185

Make copies of plan	0.00 	0.00 	0.00 	0.08 	0.08 	$2 	$0 	$0 	53 	4 	$83

File copies of plan	0.00 	0.00 	0.00 	0.10 	0.10 	$2 	$0 	$0 	53 	5
$104

Enter information into data base	0.00 	0.00 	0.00 	0.25 	0.25 	$5 	$0
$0 	53 	13 	$260

Subtotal	 	 	 	 	 	 	 	 	 	129 	$5,632

Annual Report

Review report and follow up, if necessary	0.00 	0.00 	4.00 	0.00 	4.00
$196 	$0 	$0 	155 	620 	$30,325

Make copies of report	0.00 	0.00 	0.00 	0.08 	0.08 	$2 	$0 	$0 	155 	12
$244

File copies of report	0.00 	0.00 	0.00 	0.10 	0.10 	$2 	$0 	$0 	155 	16
$305

Enter information into data base	0.00 	0.00 	0.00 	0.50 	0.50 	$10 	$0
$0 	155 	78 	$1,523

Subtotal	 	 	 	 	 	 	 	 	 	725 	$32,396

Additional Activities

Enter updated information into data base	0.00 	0.00 	0.00 	0.25 	0.25
$5 	$0 	$0 	15 	4 	$74

TOTAL	 	 	 	 	 	 	 	 	 	873 	$38,711

	1 Since the last ICR renewal, EPA has removed the burden for requesting
and mailing EPA Developed Materials for Natural Gas Star.  All of these
materials are now available on the Natural Gas STAR Web site, and thus
this burden is no longer relevant.

6(d)       Estimating the Respondent Universe and Total Burden and Costs

Currently, there are 137 Natural Gas STAR Program Partners.  Based on
recent partner activity, EPA anticipates that an average of nine new
Partners will join the program annually.  The majority of Natural Gas
STAR Partners are currently large companies and EPA believes that many
of the major relevant companies have already joined the program.  The
number of new Partners, however, remains constant because of more
international companies and smaller independent companies joining the
program.  The average annual cost and burden estimates during the next
3-year ICR period are based on the average number of Partners as shown
in Table 1.

	TABLE 1

Estimated Number of Program Partners in Calendar Years 2008-2010

	Type of Partner

2008

	2009

	2010

Average

New Partners Enrolled

9

9

9

9

Total Program Partners

137

146

155

146

Memorandum of Understanding

Each potential Partner must complete and submit a one-page MOU to
participate in the program.  EPA expects that nine new Partners will
complete and submit an MOU each year.

Implementation Plan

Each new Partner must complete and submit the Implementation Plan within
six to twelve months of signing and submitting the MOU.  Additionally,
EPA estimates that 30 percent of all existing Partners (44 facilities)
will update the Implementation Plan and submit it to EPA each year.

Annual Report

All existing Partners must complete and submit an Annual Report.  EPA
estimates that completing the initial Annual Report will take
approximately twice as long as subsequent reports.  EPA expects that the
nine new Program Partners joining each year will complete and submit an
initial report and an average of 146 existing Partners (as shown in
table 1) will complete and submit subsequent reports.

Additional Activities

EPA expects that some additional information submittals may be required
of some Partners.  EPA estimates that approximately 10 percent of all
Partners experience changes in their Implementation Manager
responsibilities each year.  Thus, EPA estimates that an average of 15
Partners (146 x 0.1) will notify EPA of changes in Implementation
Manager responsibilities.

6(e)	Bottom Line Burden Hours and Costs

Exhibits 1 and 2 show the aggregate annual burden and cost to
respondents and the government, respectively, for the information
collection activities covered under this ICR.  The bottom line burden
for respondents is approximately 5,610 hours per year with an annual
cost of approximately $550,677, which includes $696 in O&M costs.  The
annual bottom line burden to the Agency is approximately 873 hours, at a
cost of approximately $38,711 per year.  Over the three-year period
covered by this ICR, EPA estimates the burden of the program to be
16,831 hours and $1,652,031for respondents, and 2,619 hours and $116,133
for EPA.

6(f)	Reasons for Change in Burden

The overall annual reporting burden for respondents has increased from
4,705 hours in the previous ICR to 5,610 hours in the current ICR as a
result of an increase in the number of Partners in the Natural Gas STAR
program.  Despite this increase, the average burden per partner has
decreased from 40.6 hours per Partner to 36.2 hours per Partner.  This
decrease can be attributed to a larger percentage of Partners using the
on-line Annual Report forms, and the availability of new materials on
the Natural Gas STAR Web-site. Fifty-eight percent of reporting partners
used the on-line system in 2004 while 65% of reporting partners used the
on-line system in 2007. Partners reported a subsequent decreased burden
of 15% for this activity. The hourly burden estimates for data
collection remained the same per Partner because the information
requested and the collection methodology did not change.

	  Since the last ICR renewal, the overall annual cost increased from
$402,141 to $550,677.  This change is largely the result of higher
hourly labor rates due to inflation and an increase in the number of
program participants.

6(g)	Burden Statement

The average per Partner reporting burden for information collection
requirements associated with completing this ICR is estimated to be 24.2
hours.

For new Partners, the average per Partner reporting burden for
information collection requirements associated with developing and
completing the Implementation Plan is estimated to be 25 hours.  The
burden estimate includes time to receive and review the plan form;
gather the requested information; complete the form; sign and date the
form; and submit the form to EPA. For existing Partners, the average per
Partner reporting burden for information collection requirements
associated with updating the Implementation Plan is estimated to be 12
hours.  The burden estimate includes time to review, update (if
necessary), complete, sign and submit the form to EPA.

The average per Partner reporting burden for information collection
requirements associated with completing the initial Annual Report is
estimated to be 60 hours.  The average per Partner reporting burden for
information collection requirements associated with completing
subsequent Annual reports is estimated to be 27.1 hours. The burden
estimate includes time to receive and review the report form; gather the
requested information; complete the form; sign and date the form; and
submit the form to EPA. This estimate includes a reduced estimate for
those partners using the on-line reporting system, and a factor to
account for the percentage of partners who are likely to use the on-line
reporting system.

For Natural Gas STAR Partners, the average per Partner reporting burden
for information collection requirements associated with additional
activities is estimated to be 1.5 hours.  The reporting burden includes
time to notify EPA of changes in Natural Gas STAR Program Implementation
Manager responsibility.

Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OAR-2004-0082, which is available for online viewing at
www.regulations.gov, or in person viewing at the Air and Radiation
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Avenue, NW, Washington, D.C.  The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays.  The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Air and Radiation
Docket is<PHONE_NUMBER>.  An electronic version of the public docket is
available at www.regulations.gov.  This site can be used to submit or
view public comments, access the index listing of the contents of the
public docket, and to access those documents in the public docket that
are available electronically.  When in the system, select “search,”
then key in the Docket ID Number identified above.  Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, D.C. 20503,
Attention: Desk Officer for EPA.  Please include the EPA Docket ID
Number EPA-HQ-OAR-2004-0082 and OMB Control Number 2060-0328 in any
correspondence.

 PAGE  16


[Federal Register: July 12, 2010 (Volume 75, Number 132)]
[Notices]
[Page 39680]
[DOCID:fr12jy10-36]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-44-000; Docket No. PR10-46-000; Docket No. PR10-48-
000; Docket No. PR10-49-000; Docket No. PR10-50-000]

Houston Pipe Line Company LP, Worsham-Steed Gas Storage, L.P.,
Energy Transfer Fuel, LP, Mid Continent Market Center, L.L.C., Oasis
Pipeline, LP (Not Consolidated); Notice of Baseline Filings

July 2, 2010.
    Take notice that on June 29, 2010 and June 30, 2010, respectively
the applicants listed above submitted their baseline filing of its
Statement of Operating Conditions for services provided under Section
311 of the Natural Gas Policy Act of 1978 (``NGPA'').
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Monday, July 12, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-16840 Filed 7-9-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37219-37220]
[FR Doc No: 2016-13612]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77989; File No. SR-MIAX-2016-13]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

June 3, 2016.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 1, 2016, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to offer a
Technical Support Request Fee to both Members and Non-Members.
    The Exchange has an infrastructure comprised of low latency and
ultra-low latency proximity solutions in several offsite data center
locales offering universal access to all Exchange services via a single
common connection across a variety of high speed network interfaces.
    The Exchange offers connectivity in and between its data center
facilities and supports direct attachment of all network equipment or
direct attached host systems of both Member and Non-Member users of the
Exchange. Member and Non-Member users of the Exchange are strongly
encouraged to establish connectivity to at least two data centers to
minimize the possibility of service disruption.
    The Exchange proposes to add new Section (5)(f) to the Fee Schedule
to establish a Member and Non-Member Technical Support Request Fee.
Specifically, the Exchange proposes to charge Members and Non-Members
an hourly fee in the event that such Member or Non-Member requests the
Exchange to use the Exchange's on-site data center personnel to provide
technical support at any of the Exchange's data centers. The Exchange
proposes to assess Members and Non-Members that request MIAX technical
support at any of the MIAX data centers a fee of $200 per hour for such
technical support.
    The purpose of the proposed rule change is to make the Exchange's
on-site data center personnel available, for a fee, to Members and Non-
Members when assisting with troubleshooting that requires a physical
on-site presence.
    The proposed Technical Support Request fee is scheduled to become
effective June 1, 2016.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \3\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \4\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members and issuers and other persons using its
facilities.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed new service is consistent
with Section 6(b)(5) of the Act \5\ in that it is fair, equitable and
not unreasonably discriminatory, because it is available to all Members
and Non-Members for the

same fee. Moreover, the proposed fee is reasonable because other
exchanges charge for similar services at their data centers.\6\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(5).
    \6\ See Chicago Board Options Exchange, Incorporated (``CBOE'')
Fees Schedule, p. 9. CBOE charges $100 per hour for technical
support outside normal hours and for after-hours technician services
with a four hour minimum required. See also NYSE Amex Options
(``Amex'') Fee Schedule, Section V(B) and NYSE Arca Options
(``Arca'') Fees and Charges, p. 18. Both Amex and Arca charge $100
per half hour for ``Hot Hands Services,'' which consists of allowing
Amex and Arca Users to use Amex or Arca on-site data center
personnel to maintain User equipment, support network
troubleshooting, rack and stack, power recycling and install and
document cable. See also NASDAQ PHLX LLC (``Phlx'') Pricing
Schedule, Section X(d). Phlx charges $150 per hour for ``Remote
Hands Service'' and $250 per hour plus materials if necessary for
``Power Consulting Services.''
---------------------------------------------------------------------------

    Additionally, Members and Non-Members are not required to use the
service but instead it is offered as a convenience to all Members and
Non-Members. The proposed fee is reasonably designed because it will
permit both Members and Non-Members to request the use of the
Exchange's on-site data center personnel as technical support and as a
convenience that is equally available to them.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
enhancement of services by the Exchange provided to its Members and
others using its facilities will not have an impact on competition. In
fact, MIAX's proposed technical support services at a Member or Non-
Member's request will benefit all who use such services. As stated
above, other exchanges charge for similar services at their data
centers.\7\ The Exchange's hourly rate for such services is within the
range of prices for similar services offered by other exchanges, and
therefore the Exchange believes that the proposed hourly rate for
technical support does not impose a burden on competition.\8\
---------------------------------------------------------------------------

    \7\ Id.
    \8\ See id.
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive. In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and to attract order flow to
the Exchange. The Exchange believes that the proposed rule change
reflects this competitive environment because the hourly rate is
competitive with the rates offered by other exchanges for similar
services.\9\
---------------------------------------------------------------------------

    \9\ See supra note 6.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\10\ and Rule 19b-4(f)(2) \11\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2016-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2016-13. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2016-13, and should be
submitted on or beforeJune 30, 2016 June 30, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2016-13612 Filed 6-8-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]
[Page 44064-44066]
[DOCID:fr03au06-85]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54226; File No. SR-CHX-2006-23]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing of a Proposed Rule Change and Amendment No. 1 Thereto
Regarding Amendments to the Exchange's Bylaws

 July 27, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on June 22, 2006, the Chicago Stock Exchange, Inc. (the ``CHX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the CHX. On July 20,
2006, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The Commission is publishing this notice to solicit comments
on the proposed rule change, as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1)
    \2\ 17 CFR 240.19b-4.
    \3\ See Partial Amendment to Form 19b-4 dated July 20, 2006
(``Amendment No. 1''). In Amendment No. 1, the Exchange incorporated
(a) a change to the proposed text of Article II, Section 3(a) of the
Bylaws, replacing the defined term ``CHX Participant Director'' with
a reference to representatives of the holders of Series A Preferred
Stock of CHX Holdings, Inc. (``CHX Holdings''); and (b) additional
descriptive information about the rules changes that are part of the
filing.
---------------------------------------------------------------------------

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

    Through this filing, the Exchange proposes to amend its bylaws and
rules to make several governance changes. This proposal would (1)
Require the Exchange's Board of Directors to identify one position in
each class of directors as the ``Subject to Petition (STP) Participant
Director,'' with candidates for that position to be subject to a
petition process involving the Exchange's participants; (2) change the
composition of the Exchange's Nominating & Governance Committee to
include two public directors and two STP Participant Directors; and (3)
modify the Exchange's rules to confirm that each participant firm would
need only one trading permit to conduct business on the Exchange. The
text of this proposed rule change is available on the Exchange's Web
site at http://www.chx.com/rules/proposed_rules.htm, at the Exchange's

principal office, and in the Commission's Public Reference Room.

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

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

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

 1. Purpose
    As a result of its demutualization in February 2005, the Exchange
became the wholly-owned subsidiary of CHX Holdings, a Delaware
corporation.\4\ The Exchange's demutualization was driven, in part, by
a desire to generate opportunities to enter into strategic alliances by
offering stock to interested entities. On June 21, 2006, CHX Holdings
announced that it had agreed to the terms of strategic transactions
with four firms that will result in an investment in CHX Holdings, in
exchange for minority equity stakes in the company. In connection with
these transactions, CHX has agreed to propose amendments to its bylaws
and rules to (1) Require the Exchange's Board of Directors to identify
one position in each Board class as the STP Participant Director, with
candidates for that position to be subject to a petition process
involving the Exchange's participants; (2) change the composition of
the Exchange's Nominating & Governance Committee to include two public
directors and two STP Participant Directors; and (3) modify the
Exchange's rules to confirm that each participant firm would need only
one trading permit to conduct business on the Exchange.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 51149 (February 8,
2005), 70 FR 7531 (February 14, 2005).
---------------------------------------------------------------------------

Changes in Exchange Governance Contemplated by the Proposed Transaction
    Under the terms of the agreements reached with potential investors,
the Exchange's Board of Directors would be reduced by one director--
after the closing of the transactions, the Board would consist of the
Exchange's chief

executive officer, six public directors and five participant
directors.\5\ The Exchange is required to use its best efforts to place
a representative of each of the four investors on the CHX Board.\6\ The
remaining participant director would not be affiliated with any of the
investors.
---------------------------------------------------------------------------

    \5\ The Exchange's Board of Directors currently consists of its
chief executive officer, seven public directors and five participant
directors. The Board members are divided into three classes, with
each class serving a three-year term. See Article II, Section 2(c)
of the Exchange's bylaws. A ``public director'' is a director who
(i) Is not a participant in the Exchange, or an officer, managing
member, partner or employee of an entity that is a participant, (ii)
is not an employee of the Exchange or any of its affiliates, (iii)
is not broker or dealer or an officer or employee of a broker or
dealer, or (iv) does not have any other material business
relationship with CHX Holdings or the Exchange (or with any of their
affiliates) or with any broker or dealer. See Article II, Section
2(b) of the Exchange's bylaws. A ``participant director'' is a
director who is a participant or an officer, managing member or
partner of an entity that is a participant. Id. A person or entity
is a participant in the Exchange if he or it holds a trading permit
issued by the Exchange.
    \6\ One investor representative has been named, by the
Exchange's Nominating & Governance Committee, as a candidate for the
open position in Class 1 on the Exchange's Board. The Exchange
anticipates that, immediately following the 2006 stockholders'
meeting, two participant directors (one director currently serving
in Class 1 and one director currently serving in Class 3 of the
Board) will resign, resulting in vacancies that will be filled with
representatives of two other investors. One of the potential
investors already has a representative on the Exchange's Board of
Directors; this person would retain his position on the Board.
---------------------------------------------------------------------------

Identification of STP Participant Directors
    Under the Exchange's existing bylaws, the Nominating & Governance
Committee identifies candidates to fill the Board positions that are up
for election each year.\7\ In identifying candidates for public
director positions, the Committee typically meets to discuss candidates
and provides its slate of nominees to the Exchange's sole stockholder,
CHX Holdings, for election. The process for identifying candidates for
participant director positions, however, is more detailed and includes
both a requirement that the Committee hold two open meetings with
Exchange participants and a petition process that allows participants
to add names to the Committee's initial slate.\8\ This process is
designed to provide Exchange participants with fair representation in
the selection of Exchange directors.\9\
---------------------------------------------------------------------------

    \7\ See Article II, Section 3(b) of the Exchange's bylaws.
    \8\ Specifically, under this process, no later than 60 days
prior to the date announced for the annual stockholder meeting, the
Committee's initial nominees for participant director positions are
reported to the Exchange's secretary, who then must promptly
announce the nominees to the Exchange's participants. See Article
II, Section 3(d) of the Exchange's bylaws. Participants may identify
other candidates for one or more of these positions by submitting a
written petition, signed by at least ten participants, with respect
to each additional candidate. Id. If one or more valid petitions are
submitted, the Exchange conducts an election to confirm the
participants' selections of nominees for the participant director
positions. See Article II, Section 3(e) of the Exchange's bylaws.
Each participant has one vote with respect to each participant
director position that is to be filled. The individuals having the
largest number of votes are the final nominees; the Nominating &
Governance Committee must nominate these persons to fill the
available positions. See Article II, Sections 3(c) and 3(e) of the
Exchange's bylaws.
    \9\ See 15 U.S.C. 78f(b)(3) (requiring that the rules of an
exchange assure a fair representation of its members in the
selection of its directors and administration of its affairs).
---------------------------------------------------------------------------

    The Exchange now proposes to amend its bylaws to require the Board
of Directors to set aside one position in each Board class as the ``STP
Participant Director,'' with the candidates for each of those positions
to be subject to the petition process described above. Although this
proposal would reduce the number of participant directors whose
elections are subject to this petition process, it would still ensure
that at least 20% of the Exchange's directors (on a Board of fifteen or
fewer people) are selected in this manner, meeting the ``fair
representation'' percentage currently required by the Commission.\10\
Moreover, by requiring that the Board identify one position in each of
the three Board classes to be subject to this process, the proposal
would allow participants an opportunity to select at least one
participant director each year.\11\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 50699 (November 18,
2004), 69 FR 71126 (December 8, 2004) (``SRO Governance Release'').
In note 148 of the SRO Governance Release, the Commission states,
among other things, that it has taken the position that the fair
representation requirement could be satisfied if an exchange's rules
provide that members constitute at least 20% of the individuals
serving on an exchange's nominating committee.
    \11\ Once the Board sets aside these three STP participant
director positions, only the candidate(s) for one STP participant
director position each year would ordinarily be up for election. If
one of the STP participant director positions that is not normally
up for election in a particular year becomes vacant during that
year, however, the candidates for this now vacant position also
would be subject to the petition process.
---------------------------------------------------------------------------

Composition of the Nominating & Governance Committee
    The Exchange's Nominating & Governance Committee currently is
composed of six Board members--three participant directors and three
public directors.\12\ Through this filing, the Exchange seeks to change
this Committee's composition by reducing its size so that it consists
of two public directors and two STP participant directors.\13\ This
reduced Committee size has a better overall relationship to the size of
the Exchange's Board of Directors, while still ensuring that the
Committee is appointed by the full Board of Directors and composed of
an equal number of public and participant directors.\14\
---------------------------------------------------------------------------

    \12\ See Article II, Section 3(a) of the Exchange's bylaws.
    \13\ See Proposed Amendment to Article II, Section 3(a) of the
Exchange's bylaws.
    \14\ The proposal also is designed to ensure that a participant
director who is not affiliated with the four investors will serve on
the Committee. The proposed text does this by requiring that one of
the STP participant directors on the Committee must not be a
representative of a firm that is a holder of Series A Preferred
Stock of CHX Holdings. Each of the investors will be making a
minority investment in CHX Holdings through the purchase of Series A
Preferred Stock and, at least immediately following the transaction,
the four firms will be the only holders of the Series A Preferred
Stock.
---------------------------------------------------------------------------

One Trading Permit per Participant
    Under the Exchange's existing rules, each participant firm or each
person who is registered as a co-specialist, floor broker or market
maker for a participant firm must hold a valid trading permit.\15\
Through this submission, the Exchange proposes to change that
requirement so that each participant firm must hold a valid trading
permit, but individuals who serve as co-specialists, floor brokers and
market makers for a firm are no longer subject to this requirement.\16\
The Exchange believes that this change better positions it for the move
to its proposed new trading model by reducing the number of permits
that most participants are required to hold in a manner that the
Exchange believes is more consistent with other automated

markets.\17\ The Exchange also believes that reducing the relative
number of trading permits would not undermine or circumvent the Act's
requirement for fair representation of members.
---------------------------------------------------------------------------

    \15\ See Article II, Rule 2(a).
    \16\ Persons who serve in these capacities would continue to be
required to register with the Exchange in these capacities. See
Article VI, Rule 2(b)(7) (replacing the concept of a firm's
``nominee'' with a specific reference to persons serving as co-
specialists, market makers or floor brokers). In making this
proposed change to its rules, the Exchange has combined current
Articles II and III to create a single article entitled
``Participants and Participant Firms.'' Throughout its remaining
rules, the Exchange has proposed changes to eliminate references to
``nominees'' and to confirm that participant firms hold trading
permits while individual persons who serve as co-specialists, market
makers and floor brokers do not hold trading permits, but are are
registered in those capacities under Article VI. Other changes
delete references to rules that are being deleted as part of this
proposal or that are no longer in the Exchange's Rulebook. See,
e.g., Proposed Amendment to Article XII, Rule 9(h)(i)(1) (deleting
rule from the Minor Rule Violation Plan that is being deleted as
part of this proposal because it relates to the registration of a
participant firm through an individual who holds a trading permit);
and Proposed Amendment to Article XII, Rule 9(h)(i)(5) (deleting a
reference to a rule that no longer exists). While these changes
appear extensive, they simply repeat the same types of changes
wherever appropriate in the Exchange's rules.
    \17\ In the Exchange's proposed new trading model, the Exchange
seeks to move to a more automated system, which would allow
participants--from any location--to submit orders for immediate
execution. See SR-CHX-2006-05. By reducing the number of trading
permits that a firm needs (in this new model and even before it is
fully implemented), the Exchange is reducing the fees that must be
paid by that firm. Under the Exchange's current fee schedule, a
participant must pay $6,000 each year, divided into monthly
installments, for each trading permit that it holds.
---------------------------------------------------------------------------

    As mentioned above, each of these proposed changes to the
Exchange's bylaws and rules are related to the recently-announced
strategic transactions through which four firms have agreed to make
investments in CHX Holdings, in exchange for minority equity stakes in
the company. The Exchange believes that each of these proposed changes
is reasonable and continues to provide Exchange participants with a
fair opportunity to participate in the governance of the Exchange.
2. Statutory Basis
    Approval of the rule changes proposed in this submission is
consistent with the requirements of the Act and the rules and
regulations thereunder that are applicable to a national securities
exchange, and, in particular, with the requirements of Section 6(b) of
the Act.\18\ In particular, the proposed changes are consistent with
Section 6(b)(5) of the Act,\19\ because they would promote just and
equitable principles of trade, remove impediments to, and perfect the
mechanism of, a free and open market and a national market system, and,
in general, protect investors and the public interest by allowing the
Exchange to make reasonable changes to certain aspects of its
governance that are both consistent with the terms of proposed
transactions and with providing all of its participants with fair
representation in the Exchange's governance.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes would
impose any burden on competition.

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

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CHX-2006-23 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File No. SR-CHX-2006-23. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing will also be available for inspection and copying at the
principal office of the CHX. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File No. SR-CHX-2006-23 and should be submitted on or before August 24,
2006.
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\20\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-12521 Filed 8-2-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72829-72830]
[FR Doc No: 2010-29731]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2010-M-0402, FDA-2010-M-0361, and FDA-2010-M-0519]

Medical Devices; Availability of Safety and Effectiveness
Summaries for Premarket Approval Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
premarket approval applications (PMAs) that have been approved. This
list is intended to inform the public of the availability of safety and
effectiveness summaries of approved PMAs through the Internet and the
Agency's Division of Dockets Management.

ADDRESSES: Submit written requests for copies of summaries of safety
and effectiveness data to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. Please cite the appropriate docket number as listed in table
1 of this document when submitting a written request. See the
SUPPLEMENTARY INFORMATION section for electronic access to the
summaries of safety and effectiveness.

FOR FURTHER INFORMATION CONTACT: Nicole Wolanski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, rm. 1650, Silver Spring, MD 20993-0002, 301-
796-6570.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of January 30, 1998 (63 FR 4571), FDA
published a final rule that revised 21 CFR 814.44(d) and 814.45(d) to
discontinue individual publication of PMA approvals and denials in the
Federal Register. Instead, the Agency now posts this information on the
Internet on FDA's home page at http://www.fda.gov. FDA believes that
this procedure expedites public notification of these actions because
announcements can be placed on the Internet more quickly than they can
be published in the Federal Register, and FDA believes that the
Internet is accessible to more people than the Federal Register.
    In accordance with section 515(d)(4) and (e)(2) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360e(d)(4) and
(e)(2)), notification of an order approving, denying, or withdrawing
approval of a PMA will continue to include a notice of opportunity to
request review of the order under section 515(g) of the FD&C Act. The
30-day period for requesting reconsideration of an FDA action under
Sec.  10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a
PMA begins on the day the notice is placed on the Internet. Section
10.33(b) provides that FDA may, for good cause, extend this 30-day
period. Reconsideration of a denial or withdrawal of approval of a PMA
may be sought only by the applicant; in these cases, the 30-day period
will begin when the applicant is notified by FDA in writing of its
decision.
    The regulations provide that FDA publish a quarterly list of
available

safety and effectiveness summaries of PMA approvals and denials that
were announced during that quarter. The following is a list of approved
PMAs for which summaries of safety and effectiveness were placed on the
Internet from July 1, 2010, through September 30, 2010. There were no
denial actions during this period. The list provides the manufacturer's
name, the product's generic name or the trade name, and the approval
date.

 Table 1--List of Safety and Effectiveness Summaries for Approved PMAs Made Available From July 1, 2010, Through
                                               September 30, 2010
----------------------------------------------------------------------------------------------------------------
        PMA No. Docket No.                 Applicant                Trade name               Approval date
----------------------------------------------------------------------------------------------------------------
P080027, FDA-2010-M-0402.........  OraSure Technologies,     ORAQUICK HCV RAPID        June 25, 2010.
                                    Inc.                      ANTIBODY TEST.
P050034, FDA-2010-M-0361.........  Vision Care Ophthalmic    IMPLANTABLE MINIATURE     July 1, 2010.
                                    Technologies, Ltd.        TELESCOPE.
P080026, FDA-2010-M-0519.........  Abbott Molecular, Inc...  ABBOTT REALTIME HBV       August 13, 2010.
                                                              ASSAY.
----------------------------------------------------------------------------------------------------------------

II. Electronic Access

    Persons with access to the Internet may obtain the documents at
http://www.fda.gov/cdrh/pmapage.html.

    Dated: November 18, 2010.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices and Radiological Health.
[FR Doc. 2010-29731 Filed 11-24-10; 8:45 am]
BILLING CODE 4160-01-P