[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30197-30200]
[FR Doc No: 2023-09901]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97434; File No. SR-CboeBYX-2023-007]

Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
its Fee Schedule

May 4, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 21, 2023, Cboe BYX Exchange, Inc. (``Exchange'' or ``BYX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BYX Exchange, Inc. (the ``Exchange'' or ``BYX'' or ``BYX
Equities'') is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to amend its Fee Schedule. The
text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/byx/), at the Exchange's Office of the Secretary, 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Fee Schedule to adopt monthly
fees assessed to Users \3\ that elect to subscribe to the US Equity
Short Volume & Trades Report, effective, April 21, 2023.
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    \3\ A ``User'' of an Exchange Market Data product is a natural
person, a proprietorship, corporation, partnership, or entity, or
device (computer or other automated service), that is entitled to
receive Exchange data. See the BYX Equities Exchange Fee Schedule at
https://www.cboe.com/us/equities/membership/fee_schedule/byx/.
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    The Exchange recently adopted a new data product known as the US
Equity Short Volume & Trades Report (the, ``Report'').\4\ The Report,
which will be available on April 21, 2023, contains (i) an end-of-day
report that provides certain equity trading activity on the Exchange,
and includes trade date, total volume, sell short volume, and sell
short exempt volume, by symbol; \5\ and (ii) an end-of-month report
that provides a record of all short sale transactions for the month,
and includes trade date and time, trade size, trade price, and type of
short sale execution, by symbol and exchange.\6\ In addition to a
monthly or annual subscription, a Member \7\ or non-Member may purchase
the Report on a historical monthly basis, which provides the end-of-day
reports for each day and the corresponding end-of-month report for a
given calendar month.
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    \4\ See Securities and Exchange Act No. 97303 (April 13, 2023)
(SR-CboeBYX-2023-006).
    \5\ The end-of-day report was originally titled ``Short Volume
Report'' and was displayed as an individual product on the
Exchange's Fee Schedule. The end-of-day report is now being
incorporated into the Report and as such, the Exchange seeks to
amend its Fee Schedule to display the applicable fees for the
Report, which will contain both the end-of-day report and an end-of-
month report.
    \6\ See Exchange Rule 11.22(f).
    \7\ See Exchange Rule 1.5(n).
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    The Exchange proposes to adopt fees applicable to Users that
subscribe to the Report. As proposed, the Exchange would assess a
monthly \8\ fee of $750 per month to an Internal Distributor \9\ of the
Report, and a fee of $1250 per month to an External Distributor \10\ of
the Report. These fees may be paid on a monthly basis or on an annual
basis.\11\ External Distributors, unlike Internal Distributors, are
typically compensated for the distribution of short sale data through
subscription fees or other mechanisms. Some External Distributors
incorporate short sale data into their own proprietary products, which
they sell to downstream users. These distributors may not charge
separately for data included in the Report, but nevertheless gain value
from the data by incorporating it into their product. The higher price
for External Distributors reflects the additional value these
distributors gain from the product.
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    \8\ The monthly fees for the Report are assessed on a rolling
period based on the original subscription date. For example, if a
User subscribes to the Report on April 24, 2023, the monthly fee
will cover the period of April 24, 2023, through May 23, 2023. If
the User cancels its subscription prior to May 23, 2023, and no
refund is issued, the User will continue to receive both the end-of-
day and end-of-month components of the Report for the subscription
period.
    \9\ An ``Internal Distributor'' of an Exchange Market Data
product is a Distributor that receives the Exchange Market Data
product and then distributes that data to one or more Users within
the Distributor's own entity. Supra note 3.
    \10\ An ``External Distributor'' of an Exchange Market Data
product is a Distributor that receives the Exchange Market Data
product and then distributes that data to a third party or one or
more Users outside the Distributor's own entity. Supra note 3.
    \11\ Users who subscribe to the US Equity Short Volume & Trades
Report during the middle of a month will receive the end-of-day
report for each day beginning on the date of subscription.
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    The Exchange also proposes to adopt fees for the Report provided on
a historical basis. The Report will be available for each calendar
month

dating back to January 2015, and Users of such data will be assessed a
fee of $500 per historical monthly Report for which they subscribe.\12\
Data provided via the historical Report is only for display use
redistribution (e.g., the data may be provided on the User's platform).
Therefore, Users of the historical data may not charge separately for
data included in the Report or incorporate such data into their
product. Nonetheless, the Exchange believes it is reasonable, equitable
and not unfairly discriminatory to charge a fee for display use
redistribution that reflects the value these distributors gain from the
historical product.
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    \12\ Users who purchase the US Equity Short Volume & Trades
report on an annual basis will receive 12 months of historical data
free of charge, beginning with the month immediately prior to the
date of subscription. Users who purchase the US Equity Short Volume
& Trades report on a monthly basis would have the option of
purchasing historical data on a per month basis.
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    The Exchange anticipates that a wide variety of market participants
will purchase the Report, including, but not limited to, active equity
trading firms and academic institutions. For example, the Exchange
notes that academic institutions may utilize the Report data and as a
result promote research and studies of the equities industry to the
benefit of all market participants. The Exchange further believes the
Report may provide helpful trading information regarding investor
sentiment that may allow market participants to make more informed
trading decisions and may be used to create and test trading models and
analytical strategies and provide comprehensive insight into trading on
the Exchange.
    The Exchange further notes that the Report is a completely
voluntary product, in that the Exchange is not required by any rule or
regulation to make the reports or services available and that potential
subscribers may purchase it only if they voluntarily choose to do so.
Further, the Exchange notes that other exchanges offer similar products
for a fee.\13\
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    \13\ See the ``Nasdaq Short Sale Volume Reports'' portion of the
Nasdaq Fee Schedule at http://www.nasdaqtrader.com/TraderB.aspx?id=MDDPricingALLN. See also the ``NYSE Group Summary
Data Products'' portion of the NYSE Historical Proprietary Market
Data Pricing at https://www.nyse.com/publicdocs/nyse//NYSE_Historical_Market_Data_Pricing.pdf.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\14\ Specifically, the Exchange believes the proposed rule change
is consistent with Sections 6(b)(4) and 6(b)(5) of the Act,\15\ in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility, and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4) and (5).
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. The Exchange believes that the US Equity
Short Volume & Trades Report further broadens the availability of U.S.
equity market data to investors consistent with the principles of
Regulation NMS. The Report also promotes increased transparency through
the dissemination of short volume data. The Report benefits investors
by providing access to the US Equity Short Volume & Trades Report data,
which may promote better informed trading, as well as research and
studies of the equities industry.
    The Exchange operates in a highly competitive environment. Indeed,
there are currently 16 registered equities exchanges that trade
equities. Based on publicly available information, no single equities
exchange has more than 16% of the equity market share.\16\ The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Particularly, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \17\ Making similar data products
available to market participants fosters competition in the
marketplace, and constrains the ability of exchanges to charge
supercompetitive fees. In the event that a market participant views one
exchange's data product as more attractive than the competition, that
market participant can, and often does, switch between similar
products. The proposed fees are a result of the competitive environment
of the U.S. equities industry as the Exchange seeks to adopt fees to
attract purchasers of the recently introduced US Equity Short Volume &
Trades Report.
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    \16\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (April 17, 2023), available at https://www.cboe.com/us/equities/market_/.
    \17\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    The Exchange believes that the proposed fee for the Report is
consistent with the Act in that it is reasonable, equitable, and not
unfairly discriminatory. In particular, the Exchange believes that the
proposed fee is reasonable because it is reasonably aligned with the
value and benefits provided to Users that choose to subscribe to the
Report on the Exchange. As discussed above, the Report may be
beneficial to Members and non-Members as it may provide helpful trading
information regarding investor sentiment that may allow market
participants to make more informed trading decisions and may be used to
create and test trading models and analytical strategies and provide
comprehensive insight into trading on the Exchange. Therefore, the
Exchange believes that it is reasonable to assess a modest fee to Users
that subscribe to the Report.
    The Exchange further believes the proposed fee is reasonable
because the amount assessed is equal to or comparable to the analogous
fees charged by competitor exchanges. For example, the Nasdaq Stock
Market LLC (``Nasdaq'') charges $750 to Internal Distributors and
$1,250 to External Distributors of the Nasdaq Short Sale Volume Reports
provided on both a daily and historical monthly basis,\18\ which is
identical to the proposed subscription fees for the US Equity Short
Volume & Trades Report. Additionally, the New York Stock Exchange LLC
(``NYSE'') and its affiliated equity markets (the ``NYSE Group'') also
charge for the TAQ NYSE Group Short Sales (Monthly File) and TAQ NYSE
Group Short Volume (Daily File). Specifically, NYSE Group charges an
access fee of $1,000 per month for an ongoing subscription that
includes 12 months of back history, then additional back history
charged at $500 per data content month. NYSE Group also charges a back
history fee, of $1,000 per data content month for the first 12 months
of history, then additional back history charged at $500 per data
content

month.\19\ The Exchange therefore believes that the proposed fees are
reasonable and set at a level to compete with other equity exchanges
that offer similar reports. Indeed, proposing fees that are excessively
higher than established fees for similar data products would simply
serve to reduce demand for the Exchange's data product, which as noted,
is entirely optional. Although each of these similar data products
provide only proprietary trade data and not trade data from other
exchanges, it is possible investors are still able to gauge overall
investor sentiment across different equities based on the included data
points on any one exchange. As such, if a market participant views
another exchange's potential report as more attractive, then such
market participant can merely choose not to purchase the Exchange's
Report and instead purchase another exchange's similar data product,
which offers similar data points, albeit based on that other market's
trading activity.
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    \18\ See http://www.nasdaqtrader.com/Trader.aspx?id=DPUSdata#short
    \19\ See https://www.nyse.com/publicdocs/nyse/data/NYSE_Historical_Market_Data_.pdf.
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    In addition, the Exchange believes that the proposed fees are
equitable and not unfairly discriminatory because they will apply
equally to all Members and non-Members that choose to subscribe to the
Report. As stated, the Report is completely optional and not necessary
for trading. Rather, the Exchange voluntarily makes the Report
available, and Users may choose to subscribe (and pay for) the report
based on their own individual business needs. Potential subscribers may
subscribe to the Report at any time if they believe it to be valuable
or may decline to purchase it.
    The Exchange also believes it is reasonable, equitable and not
unfairly discriminatory to charge an External Distributor of the Report
a higher fee than an Internal Distributor as an External Distributor
will ordinarily charge a fee to its downstream customers for this
service, and, even if the vendor is not charging a specific fee for
this particular service, the Exchange expects products from the Report
to be part of a suite of offerings from distributors that generally
promote sales. External distribution is also fundamentally different
than internal use, in that the former generates revenue from external
sales while the latter does not. Therefore, the Exchange believes it is
reasonable, equitable and not unfairly discriminatory to charge a
higher fee for a product that generates downstream revenue. Further,
the proposed fee will apply equally to Internal and External
Distributors, respectively, that choose to distribute data from the
Report. Moreover, as described above, another Exchange similarly
charges External Distributors higher fees as compared to Internal
Distributors for a similar data product.\20\
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    \20\ See Nasdaq Rule 7 Section 152.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act because the Report will be
available equally to all Members and non-Members that choose to
subscribe to the report. As stated, the Report is optional and Members
and non-Members may choose to subscribe to such report, or not, based
on their view of the additional benefits and added value provided by
utilizing the Report. As such, the Exchange believes the proposed rule
change imposes no burden on intramarket competition. Next, the Exchange
believes the proposed rule change does not impose any burden on
intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. As previously discussed,
similar products offered by Nasdaq and the NYSE Group are priced
equally or comparable to the Report. Moreover, the Commission has
repeatedly expressed its preference for competition over regulatory
intervention in determining prices, products, and services in the
securities markets. Specifically, in Regulation NMS, the Commission
highlighted the importance of market forces in determining prices and
SRO revenues and, also, recognized that current regulation of the
market system ``has been remarkably successful in promoting market
competition in its broader forms that are most important to investors
and listed companies.'' The fact that this market is competitive has
also long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .''. Accordingly, the Exchange does not believe its
proposal imposes any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \21\ and paragraph (f) of Rule 19b-4 \22\
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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBYX-2023-007 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-CboeBYX-2023-007. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements

with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to File Number SR-CboeBYX-2023-007, and should be
submitted on or before May 31, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-09901 Filed 5-9-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12496-12501]
[FR Doc No: 2018-05630]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-0515;
EPA-R07-OAR-2017-0513; FRL-9975-71-Region 7]

Approval of Implementation Plans; State of Missouri; Elements of
the Infrastructure State Implementation Plan Requirements for the 2008
Ozone, 2010 Nitrogen Dioxide, 2010 Sulfur Dioxide, and 2012 Fine
Particulate Matter National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve elements of a State Implementation Plan (SIP)
submission from the State of Missouri for the 2008 Ozone, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and
2012 Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). States are required to have a SIP that
provides for the implementation, maintenance, and enforcement of the
NAAQS. Whenever EPA promulgates a new or revised NAAQS, states are
required to make a SIP submission to establish that they have, or to
add, the provisions necessary to address various requirements to
address the new or revised NAAQS. These SIPs are commonly referred to
as ``infrastructure'' SIPs. The infrastructure requirements are
designed to ensure that the structural components of each state's air
quality management program are adequate to meet the state's
responsibilities under the CAA.

DATES: This final rule is effective on April 23, 2018.

ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R07-OAR-2015-0356; EPA-R07-OAR-2017-0268; EPA-R07-OAR-2017-
0515; EPA-R07-OAR-2017-0513. All documents in the dockets are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
II. What is being addressed in this document?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Section 110(a)(2)(E)(ii)/section 128
III. Have the requirements for approval of a SIP submission been
met?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
IV. EPA's Response to Comments
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/
section 128
V. What action is EPA taking?
    a. 2008 Ozone NAAQS
    b. 2010 NO2 NAAQS
    c. 2010 SO2 NAAQS
    d. 2012 PM2.5 NAAQS
    e. Section 110(a)(2)(E)(ii)/section 128
VI. Statutory and Executive Order Reviews

I. Background

a. 2008 Ozone NAAQS

    On October 6, 2017, EPA proposed to approve certain elements of the
2008 Ozone NAAQS infrastructure SIP submission from the State of
Missouri. See 82 FR 46741. In conjunction with the October 6, 2017,
notice of proposed rulemaking (NPR), EPA issued a direct final rule
(DFR) approving elements of the 2008 Ozone NAAQS infrastructure SIP.
See 82 FR 46679. In the DFR, EPA stated that if adverse comments were
submitted to EPA by November 6, 2017, the action would be withdrawn and
not take effect. EPA received two sets of comments prior to the close
of the comment period; one set of comments was adverse, and one was not
directly related to the action being taken by EPA. EPA withdrew the DFR
on November 28,2017. See 82 FR 56172.

b. 2010 NO2 NAAQS

    On October 11, 2017, EPA proposed to approve certain elements of
the 2010 NO2 NAAQS infrastructure SIP submission from the
State of Missouri. See 82 FR 47170. In conjunction with the October 11,
2017 NPR, EPA issued a DFR approving elements of the 2010
NO2 NAAQS infrastructure SIP. See 82 FR 47154. In the DFR,
EPA stated that if adverse comments were submitted to EPA by November
13, 2017, the action would be withdrawn and not take effect. EPA
received five sets of comments prior to the close of the comment
period; one set of comments was adverse, and four sets of comments were
not related to the action being taken by EPA. Based on the adverse
comment received, EPA withdrew the DFR on December 8,2017. See 82 FR
57848.

c. 2010 SO2 NAAQS

    On October 6, 2017, EPA proposed to approve certain elements of the
2010 SO2 NAAQS infrastructure SIP submission from the State
of Missouri. See 82 FR 46742. In conjunction with the October 6, 2017
NPR, EPA issued a DFR approving elements of the 2010 SO2
NAAQS infrastructure SIP. See 82 FR 46672. In the DFR, EPA stated that
if adverse comments were submitted to EPA by November 6, 2017, the
action would be withdrawn and not take effect. EPA received three sets
of comments prior to the close of the comment period; one set of
comments was adverse, and two sets of comments were not directly
related to the action being taken by EPA. EPA withdrew the DFR on
November 28,2017. See 82 FR 56172.

d. 2012 PM2.5 NAAQS

    On October 11, 2017, EPA proposed to approve certain elements of
the 2012 PM2.5 NAAQS infrastructure SIP submission from the
State of Missouri and two state statutes into the Missouri SIP. See 82
FR 47169. In conjunction with the October 11, 2017 NPR, EPA issued a
DFR approving elements of the 2012 PM2.5 NAAQS
infrastructure SIP and the two state statutes into the SIP. See 82 FR
47147. In the DFR, EPA stated that if adverse comments were submitted
to EPA by November 13, 2017, the action would be withdrawn and not take
effect. EPA received six sets of comments prior to the close of the
comment period; three sets of comments were adverse, and three sets of
comments were not directly related to the action. EPA withdrew the DFR
on December 8, 2017. See 82 FR 57848.

    This action is a final rule based on the NPRs previously discussed.
Detailed discussion of Missouri's 2008 Ozone, 2010 NO2, 2010
SO2, and 2012 PM2.5 NAAQS infrastructure SIP
submissions, and EPA's rationale for approving those SIP submissions,
was provided in the DFRs and will not be restated here, except to the
extent relevant to our response to the public comments we received.

II. What is being addressed in this document?

    EPA is only acting on the specific elements of the respective
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010
NO2 NAAQS, 2010 SO2 NAAQS, and 2012
PM2.5 NAAQS, identified in this action.
    EPA will act on CAA section 110(a)(2)(D)(i)(II)--protection of
visibility (prong 4) for each of the infrastructure SIP submission in a
separate action or actions, therefore that element is not addressed in
this action.
    Technical Support Documents (TSD) are included as part of each of
the dockets, noted above, and discuss the details of the actions being
taken, including analysis of how the SIP submissions for each NAAQS
meet the applicable CAA section 110 requirements for infrastructure
SIPs.

a. 2008 Ozone NAAQS

    EPA is approving the infrastructure SIP submission from the State
of Missouri received on July 8, 2013, as meeting the submission
requirements of 110(a)(1). EPA is approving the following elements of
section 110(a)(2): (A), (B), (C), (D)(i)(II)--prevent significant
deterioration of air quality (prong 3), (D)(ii), (E) through (H), and
(J) through (M). EPA is not acting on the elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong
1), interfering with maintenance of the NAAQs (prong 2) because the
state did not address those elements addressed in the infrastructure
SIP submission at issue in this rulemaking action.

b. 2010 NO2 NAAQS

    EPA is approving the infrastructure SIP submission from the State
of Missouri received on April 30, 2013, as meeting the applicable
submission requirements of 110(a)(1). EPA is approving the following
elements of section 110(a)(2): (A) Through (H) (except (D)(i)(II)--
protection of visibility (prong 4)), and (J) through (M).

c. 2010 SO2 NAAQS

    EPA is approving elements of the infrastructure SIP submission from
the State of Missouri received on July 8, 2013, as meeting the
submittal requirement of section 110(a)(1). EPA is approving the
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II) --
prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA is not
acting on the elements of section 110(a)(2)(D)(i)(I) --prong 1 or prong
2 as those elements were not part of the state SIP submittal.

d. 2012 PM2.5 NAAQS

    EPA is approving elements of the infrastructure SIP submission from
the State of Missouri received on October 14, 2015, as meeting the
submittal requirement of section 110(a0(1). EPA is approving the
following elements of section 110(a)(2): (A), (B), (C), (D)(i)(II)--
prong 3, (D)(ii), (E) through (H), and (J) through (M). EPA intends to
act on section 110(a)(2)(D)(i)(I) --prong 1 and prong 2 in a subsequent
rulemaking action.

e. Section 110(a)(2)(E)(ii)/section 128

    EPA is also approving the state's request to include Missouri State
Statute section 105.483(5) RSMo 2014, and Missouri State Statute
section 105.485 RSMo 2014 into the Missouri SIP. These two statutes
address aspects of the infrastructure requirements relating to state
boards or bodies, or agency heads, involved with permitting or
enforcement decisions found in section 128 of the CAA. The state
included this SIP submittal in the infrastructure SIP submission for
the 2012 PM2.5 NAAQS, but EPA notes that this infrastructure
SIP requirement is not NAAQS-specific.

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

a. 2008 Ozone NAAQS

    The state's submission has met the public notice requirements for
the Ozone infrastructure SIP submission in accordance with 40 CFR
51.102. The state held a public comment period from The Missouri
Department of Natural Resources held a public hearing and comment
period from April 30, 2013 to June 6, 2013. EPA provided comments on
May 23, 2013 and were the only commenters. A public hearing was held on
May 30, 2013. The submission satisfied the completeness criteria of 40
CFR part 51, appendix V for all elements except 110(a)(2)(D)(i)(I)--
prongs 1 and 2. EPA published a notice in the Federal Register,
``Findings of Failure to Submit a Section 110 State Implementation Plan
for Interstate Transport for the 2008 National Ambient Air Quality
Standards for Ozone''.\1\ Missouri was included in this finding because
it had not made a complete ``good neighbor'' SIP submittal to meet the
section 110(a)(2)(D)(i)(I)--prongs 1 and 2 elements.
---------------------------------------------------------------------------

    \1\ See 80 FR 39961 (August 12, 2015).
---------------------------------------------------------------------------

b. 2010 NO2 NAAQS

    The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public hearing on March 28, 2013, and a public comment period from
February 25, 2013, to April 4, 2013. EPA provided comments to the state
on April 3, 2013, and was the only commenter. The state revised its
proposed SIP in response to EPA's comments and the revisions were
contained in the SIP submitted to EPA on April 30, 2013. The submission
satisfied the completeness criteria of 40 CFR part 51, appendix V.

c. 2010 SO2 NAAQS

    The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public comment period from April 30, 2013, to June 6, 2013. EPA
provided comments on May 23, 2013, and were the only commenters. A
public hearing was held on May 30, 2013. The submission satisfied the
completeness criteria of 40 CFR part 51, appendix V for all elements
except 110(a)(2)(D)(i)(I)--prongs 1 and 2.

d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128

    The state's submission has met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The state held a
public comment period from July 27, 2015, to September 3, 2015. The
state received no comments during the public comment period. A public
hearing was held on August 27, 2015. The submission satisfied the
completeness criteria of 40 CFR part 51, appendix V.

IV. EPA's Response to Comments

    All comments on the proposed actions are available in the dockets
noted in this action. We only respond to adverse comments in this
action. No changes were made to the proposals in this final action
after consideration of the adverse comments received.

a. 2008 Ozone NAAQS

    The public comment period on EPA's proposed rule opened October 6,
2017, the date of its publication in the Federal Register, and closed
on November 6, 2017. During this period, EPA received two sets of
comments: One in support of the rule and one which was adverse.

The adverse comment is addressed below.
    Comment: The commenter stated that EPA must take action on
Missouri's submission regarding interstate transport. The commenter
asserted that the Cross State Air Pollution Rule (CSAPR) update does
not cover all sources of interstate transport and that in EPA's own
words is only a ``partial remedy'' for transport related to the ozone
NAAQS. The commenter thus argued that EPA must address the remainder of
Missouri's contribution to ambient ozone levels in neighboring states
in this rulemaking and that EPA has a nondiscretionary duty to issue a
Federal Implementation Plan (FIP) when a state fails to submit an
approvable state SIP submission.
    EPA's response: In EPA's rulemaking proposing to approve Missouri's
infrastructure SIP for the 2008 ozone NAAQS, the Agency stated that it
was not taking any action in this rulemaking with respect to the good
neighbor provisions in section 110(a)(2)(D)(i)(I). Missouri did not
address the requirements of section 110(a)(2)(D)(i)(I) in the
infrastructure SIP submission for the 2008 Ozone NAAQS, and thus there
is no such submission upon which EPA either proposed to take action or
could take action on under section 110(k) of the CAA in this
rulemaking.
    EPA acknowledges the commenter's concerns about interstate
transport of air pollutants and agrees in general with the commenter
that sections 110(a)(1) and (a)(2) of the CAA require states to submit,
within three years of promulgation of a new or revised NAAQS, a SIP
submission which adequately addresses cross-state air pollution under
section 110(a)(2)(D)(i)(I). As noted above in section III. a. of this
document, EPA has already issued a ``Findings of Failure to Submit a
Section 110 State Implementation Plan for Interstate Transport for the
2008 National Ambient Air Quality Standards for Ozone'', in August
2015, which triggered EPA's obligation under section 110(c) to
promulgate a Federal Implementation Plan addressing the requirements of
section 110(a)(2)(D)(i)(I).\2\ As the commenter notes, EPA has already
taken steps to address this obligation when it promulgated the CSAPR
update in June 2016.\3\ EPA will take any further steps that may be
necessary to address its obligation under sections 110(a)(2)(D)(i)(I)
and 110(c) with respect to the 2008 Ozone NAAQS in a separate action.
---------------------------------------------------------------------------

    \2\ See 80 FR 39961 (August 12, 2015).
    \3\ See 81 FR 41838 (August 12, 2016).
---------------------------------------------------------------------------

b. 2010 NO2 NAAQS

    The public comment period on EPA's proposed rule opened October 11,
2017, the date of its publication in the Federal Register, and closed
on November 13, 2017. During this period, EPA received five sets of
comments: One set of comments was adverse, and four sets of comments
were not directly related to the action being taken by EPA in this
rulemaking. The adverse comment is addressed below.
    Comment: The commenter stated that EPA failed to review this rule
against the president's March 28, 2017 executive order regarding
economic growth and energy independence.
    EPA's response: Section 110(k)requires EPA to take action on a
state's SIP submission, and section 110(k)(3) provides that EPA
``shall'' approve a state's SIP submission if it meets the applicable
statutory requirements. In this case, EPA has determined that
Missouri's infrastructure SIP submission for this NAAQS met the
applicable requirements contained in section 110(a)(2), as explained in
this document. Therefore, EPA lacks discretion to decline to take
action on, or to disapprove, the SIP submission or to require changes
based on consideration of the Executive Order.

c. 2010 SO2 NAAQS

    The public comment period on EPA's proposed rule opened October 6,
2017, the date of its publication in the Federal Register, and closed
on November 6, 2017. During this period, EPA received three sets of
comments: One set of comments was adverse, and two sets of comments
were not directly related to the action being taken by EPA. The adverse
comments are addressed below.
    Comment 1: The commenter stated that EPA must issue a finding of
failure to submit for the interstate transport provisions of the
infrastructure SIP submission for the 2010 SO2 NAAQS.
    EPA's response: In EPA's rulemaking proposing to approve Missouri's
infrastructure SIP for the 2010 1-hour SO2 NAAQS, EPA stated
that it was not taking any action with respect to the good neighbor
provisions in section 110(a)(2)(D)(i)(I) for this NAAQS. EPA
understands the commenter's concern with respect to interstate
transport. EPA will evaluate whether it is appropriate to make a
finding of failure to submit in a separate action.

d. 2012 PM2.5 NAAQS and Section 110(a)(2)(E)(ii)/section 128

    The public comment period on EPA's proposed rule opened October 11,
2017, the date of its publication in the Federal Register, and closed
on November 13, 2017. During this period, EPA received six sets of
comments: three set of comments were adverse, and three sets of
comments were not directly related to the action being taken by EPA.
Where sets of comments were similar in content, EPA grouped those
comments into a single comment and response where appropriate. The
adverse comments are addressed below.
    Comment 1: The commenter stated that EPA does not have the
discretion to act separately on elements of an infrastructure SIP
submission, particularly with respect to section 110(a)(2)(D)(i) (prong
1 and prong 2), in a separate rulemaking. The commenter also asserted
that its comment letter constituted the commenter's ``notice of intent
to sue the agency for failure to perform its nondiscretionary duty
under 110(k)(2).''
    EPA's Response: EPA acknowledges the commenter's concern for the
interstate transport of air pollutants and agrees in general with the
commenter that sections 110(a)(1) and (a)(2) of the CAA generally
require states to submit, within three years of promulgation of a new
or revised NAAQS, a SIP submission which adequately addresses
interstate transport of air pollution under section 110(a)(2)(D)(i)(I).
However, EPA disagrees with the commenter's argument that EPA cannot
approve other elements of an infrastructure SIP submission without also
taking action on the elements related to interstate transport.
    EPA agrees with the commenter that it has an obligation to take
action under section 110(k) on SIP submissions. However, EPA disagrees
with the commenter's argument that the Agency cannot elect to act on
individual parts or elements of a state's infrastructure SIP submission
in separate rulemaking actions, as it deems appropriate. Section
110(k)of the CAA authorizes EPA to approve a SIP submission in full,
disapprove it in full, or approve it in part and disapprove it in part,
or conditionally approve it in full or in part, depending on the extent
to which such plan meets the requirements of the CAA. This authority to
approve state SIP submissions in separable parts was included in the
1990 Amendments to the CAA to overrule a decision in the Court of
Appeals for the Ninth Circuit holding that EPA could not approve
individual measures in a SIP

submission without either approving or disapproving the plan as a
whole. See S. Rep. No. 101-228, at 22, 1990 U.S.C.C.A.N. 3385, 3408
(discussing the express overruling of Abramowitz v. EPA, 832 F.2d 1071
(9th Cir. 1987)).
    EPA interprets its authority under section 110(k) of the CAA as
affording the Agency the discretion to approve, disapprove, or
conditionally approve, individual elements of Missouri's infrastructure
SIP submission for the 2012 PM2.5 NAAQS, separate and apart
from any action with respect to the requirements of section
110(a)(2)(D)(i)(I) of the CAA with respect to that NAAQS. EPA views
discrete infrastructure SIP requirements, such as the requirements of
section 110(a)(2)(D)(i)(I), as severable from other infrastructure SIP
elements and interprets section 110(k) as allowing it to act on
individual severable elements or requirements in a SIP submission. In
short, EPA believes it has the discretion under section 110(k) of the
CAA to act upon the various individual elements of the State's
infrastructure SIP submission, separately or together, as appropriate.
EPA will address the remaining elements of Missouri's 2012
PM2.5 NAAQS, infrastructure SIP submission in a separate
rulemaking action or actions.
    Finally, a public comment submitted on a proposal does not
constitute notice of intent to sue the Administrator for failure to
perform a nondiscretionary duty. Clean Air Act section 304(b)(2)
requires 60 days' notice of a civil action against the Administrator
for an alleged failure to perform a non-discretionary duty to the
Administrator. EPA's regulations require that service of notice to the
Administrator ``shall be accomplished by certified mail addressed to
the Administrator, Environmental Protection Agency, Washington, DC
20460.'' 40 CFR 54.2(a). The commenter's public comment submitted via
regulations.gov does not satisfy the regulatory requirements for
notices of intent to file suit against the Administrator for failure to
perform a non-discretionary duty.
    Comment 2: Two commenters argued that EPA should not approve the
state statutes, 105.483(5) and 105.485 RSMo 2014, into the SIP as the
commenters do not believe the statutes adequately meet conflict of
interest requirements as required by section 110(a)(2)(E) and CAA
section 128.
    EPA's Response: EPA believes that the commenter misunderstood the
purpose of these SIP submissions related to section 128. EPA has
already previously approved a SIP submission from Missouri as meeting
the requirements of section 128. See 78 FR 37457. The Agency's analysis
of that SIP submission appeared in the proposal notice for that
rulemaking. See 78 FR 21281 at page 21288. In this rulemaking, Missouri
is adding additional provisions to its SIP. The state statutes,
105.483(5) and 105.485 RSMo 2014, approved into the SIP by this action,
are meant to strengthen the SIP and are not the only SIP provisions
that pertain to section 128. EPA believes that the commenter may have
wrongly assumed that these latest additions to the SIP are the only
provisions relevant to section 128 in the Missouri SIP.

V. What action is EPA taking?

    EPA is approving the specific elements of the respective
infrastructure SIP submissions for the 2008 Ozone NAAQS, 2010
NO2 NAAQS, 2010 SO2 NAAQS, and 2012
PM2.5 NAAQS, identified in this action.
    EPA will act on CAA section 110(a)(2)(D)(i)(II)--prong 4 for each
of the infrastructure SIP submission for these NAAQS in a separate
rulemaking action or actions.

a. 2008 Ozone NAAQS

    EPA is taking final action to approve elements of the July 8, 2013,
infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2008 Ozone NAAQS. EPA is approving the SIP submission
as meeting the submission requirements of section 110(a)(1) and
approving the following elements of section 110(a)(2): (A), (B), (C),
(D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through (M).

b. 2010 NO2 NAAQS

    EPA is taking final action to approve elements of the April 30,
2013, infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 NO2 NAAQS. EPA is approving the
submission as meeting the submittal requirement of section 110(a)(1)
and approving the following elements of section 110(a)(2): (A) through
(H) (except (D)(i)(II)--prong 4), and (J) through (M).

c. 2010 SO2 NAAQS

    EPA is taking final action to approve elements of the July 8, 2013,
infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2010 SO2 NAAQS. EPA is approving the
submission as meeting the submittal requirement of section 110(a)(1)
and approving the following elements of section 110(a)(2): (A), (B),
(C), (D)(i)(II)--prong 3, (D)(ii), (E) through (H), and (J) through
(M). EPA is not acting on the elements of section 110(a)(2)(D)(i)(I)--
prong 1 or prong 2 because those elements were not addressed in the SIP
submittal.

d. 2012 PM2.5 NAAQS

    EPA is taking final action to approve elements of the October 14,
2015, infrastructure SIP submission from the State of Missouri, which
addresses the requirements of CAA sections 110(a)(1) and (2) as
applicable to the 2012 Annual PM2.5 NAAQS. EPA is approving
the submission as meeting the submittal requirement of section
110(a)(1) and approving the following elements of section 110(a)(2):
(A), (B), (C), (D)(i)(II)--prong 3), (D)(ii), (E) through (H), and (J)
through (M). EPA intends to act on elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 in a subsequent rulemaking.

e. Section 110(a)(2)(E)(ii)/section 128

    EPA is taking final action to the state's request to include
Missouri State Statute section 105.483(5) RSMo 2014, and Missouri State
Statute section 105.485 RSMo 2014 into the Missouri SIP. These two
statutes address aspects of the infrastructure requirements relating to
state boards or bodies, or agency heads, involved with permitting or
enforcement decisions found in section 128 of the CAA. The state
included this SIP revision in the infrastructure SIP submission for the
2012 PM2.5 NAAQS, but EPA notes that this infrastructure SIP
requirement is not NAAQS-specific.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory

action because SIP approvals are exempted under Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 21, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

 List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.

    Dated: March 7, 2018.
 James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR part
52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (e) is amended by adding
the entries ``(63) Sections 110 (a)(1) and 110(a)(2) Infrastructure
Requirements for the 2008 Ozone NAAQS'', ''(64) Sections 110 (a)(1) and
110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide
NAAQS'', ``(65) Sections 110 (a)(1) and 110(a)(2) Infrastructure
Requirements for the 2010 Sulfur Dioxide NAAQS'', ``(72) Sections 110
(a)(1) and 110(a)(2) Infrastructure Requirements for the 2012 Annual
Fine Particulate Matter (PM2.5) NAAQS'', and ``(73) Missouri
State Statute section 105.483(5) RSMo 2014, and Missouri State Statute
section 105.485 RSMo 2014'' in numerical order to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (e)* * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State
   Name of nonregulatory SIP      Applicable geographic    submittal   EPA approval date        Explanation
           provision              or nonattainment area       date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(63) Sections 110(a)(1) and      Statewide..............       7/8/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2008                                              citation].         elements: 110(a)(1)
 Ozone NAAQS.                                                                              and 110(a)(2)(A),
                                                                                (B), (C), (D)(i)(II)--
                                                                                prong 3, (D)(ii),
                                                                                (E), (F), (G), (H),
                                                                                (J), (K), (L), and
                                                                                (M).
                                                                                110(a)(2)(D)(i)(I)--p
                                                                                rongs 1 and 2 are
                                                                                addressed by Federal
                                                                                Implementation Plans.
                                                                                110(a)(2)(I) is not
                                                                                applicable. [EPA-R07-
                                                                                OAR-2015-0356; FRL-
                                                                                9975-71-Region 7].
(64) Sections 110(a)(1) and      Statewide..............      4/30/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2010                                              citation].         elements: 110(a)(1)
 Nitrogen Dioxide NAAQS.                                                                   and 110(a)(2)(A),
                                                                                (B), (C), (D)(i)(I),
                                                                                (D)(i)(II)--prong 3,
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
                                                                                110(a)(2)(I) is not
                                                                                applicable. [EPA-R07-
                                                                                OAR-2017-0268; FRL-
                                                                                9975-71-Region 7].

(65) Sections 110(a)(1) and      Statewide..............       7/8/13  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2010                                              citation].         elements: 110(a)(1)
 Sulfur Dioxide NAAQS.                                                                     and 110(a)(2)(A),
                                                                                (B), (C), (D)(i)(II)--
                                                                                prong 3, (D)(ii),
                                                                                (E), (F), (G), (H),
                                                                                (J), (K), (L), and
                                                                                (M). EPA is not
                                                                                acting on
                                                                                110(a)(2)(D)(i)(I)--p
                                                                                rongs 1 and 2.
                                                                                110(a)(2)(I) is not
                                                                                applicable. EPA
                                                                                intends to act on
                                                                                110(a)(2)(D)(i)(II)--
                                                                                prong 4 in a separate
                                                                                action. [EPA-R07-OAR-
                                                                                2017-0515; FRL-9975-
                                                                                71-Region 7].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(72) Sections 110(a)(1) and      Statewide..............     10/14/15  3/22/18, [insert   This action approves
 110(a)(2) Infrastructure                                               Federal Register   the following CAA
 Requirements for the 2012                                              citation].         elements: 110(a)(1)
 Annual Fine Particulate Matter                                                            and 110(a)(2)(A),
 (PM2.5) NAAQS.                                                                            (B), (C), (D)(i)(II)--
                                                                                prong 3, D(ii), (E),
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
                                                                                110(a)(2)(I) is not
                                                                                applicable. [EPA-R07-
                                                                                OAR-2017-0513; FRL-
                                                                                9975-71-Region 7].
(73) Missouri State Statute      Statewide..............     10/14/15  3/22/18, [insert   EPA-R07-OAR-2017-0513;
 section 105.483(5) RSMo 2014,                                          Federal Register   FRL-9975-71-Region 7.
 and Missouri State Statute                                             citation].
 section 105.485 RSMo 2014.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-05630 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59304-59306]
[FR Doc No: 2013-23444]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0831; Directorate Identifier 2013-NM-125-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-100, -200, -200C, -300, -400, and
-500 series airplanes. This proposed AD was prompted by reports of
chaffing, arcing, and burning damage to the control cabin overhead
wiring and ducting with smoke and fire caused by metal clamps installed
on certain hoses. This proposed AD would require inspecting for the
presence of metal clamps, replacing metal clamps installed on the hoses
to the air conditioning temperature sensor, gasper air outlet, and
diffuser on the left side of the control cabin with plastic tie straps,
and inspecting for and repairing damaged wire bundles. We are proposing
this AD to prevent damage to wire bundles, which could cause electrical
arcing that could result in a fire or smoke in the control cabin of the
airplane.

DATES: We must receive comments on this proposed AD by November 12,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Marie Hogestad, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0831;
Directorate Identifier 2013-NM-125-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We have received numerous reports of incorrectly installed metal
clamps on the hoses to the air conditioning temperature sensor, gasper
air outlet, and diffuser on the left side of the control cabin at
station (STA) 259.5, many of which have led to wire bundle chaffing and
in several cases led to arcing and burning damage to the control cabin
overhead wiring and ducting with smoke and fire. Incorrectly installed
metal clamps, if not corrected, could cause wire bundle damage and
electrical arcing that could result in a fire or smoke in the control
cabin of the airplane.

Relevant Service Information

    We reviewed Boeing Service Bulletin 737-21-1186, dated April 17,
2012. For information on the procedures, see this service information
at http://www.regulations.gov by searching for Docket No. FAA-2013-
0831.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information identified previously, except as discussed
under ``Differences Between the Proposed AD and the Service
Information.''

Differences Between the Proposed AD and the Service Information

    While Boeing Service Bulletin 737-21-1186, dated April 17, 2012
does not specify a compliance time, this proposed AD would require
doing the inspection and replacement within 60 months after the
effective date of this AD.
    While Boeing Service Bulletin 737-21-1186, dated April 17, 2012,
requires doing a general visual inspection for correct part number and
correct installation of metal clamps, this proposed AD would require
doing a general visual inspection to determine if any metal clamp is
installed on the hoses to the air conditioning temperature sensor,
gasper air outlet, and diffuser on the left side of the control cabin
at STA 259.5.
    While Boeing Service Bulletin 737-21-1186, dated April 17, 2012,
allows the continued use of metal clamps, this proposed AD would
require operators to replace each metal clamp with a plastic tie strap.
    While Boeing Service Bulletin 737-21-1186, dated April 17, 2012,
specifies to contact Boeing for instructions for certain airplanes,
this proposed AD would require that those actions be done in one of the
following ways:
     In accordance with a method that we approve; or
     Using data that meets the certification basis of the
airplane, and that has been approved by the Boeing Commercial Airplanes
Organization

Designation Authorization (ODA) whom we have authorized to make those
findings.

Costs of Compliance

    We estimate that this proposed AD affects 426 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                      Labor cost           Parts cost      Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection and Replacement.......  2 work-hours x $85 per                $0  $170 per                    $72,420
                                    hour = $170 per                           replacement.
                                    replacement.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD. We have no way of determining the number of products that may need
these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2013-0831; Directorate Identifier
2013-NM-125-AD.

(a) Comments Due Date

    We must receive comments by November 12, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Service Bulletin 737-21-1186,
dated April 17, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 21, Air conditioning.

(e) Unsafe Condition

    This AD was prompted by reports of chaffing, arcing, and burning
damage to the control cabin overhead wiring and ducting with smoke
and fire caused by metal clamps installed on certain hoses. We are
issuing this AD to prevent damage to wire bundles, which could cause
electrical arcing that could result in a fire or smoke in the
control cabin of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection, Replacement, and Repair

    For airplanes identified in Groups 1 and 2 in Boeing Service
Bulletin 737-21-1186, dated April 17, 2012: Within 60 months after
the effective date of this AD, do the actions in (g)(1) and (g)(2)
of this AD.
    (1) Do a general visual inspection to determine if any metal
clamp is installed on the hoses to the air conditioning temperature
sensor, gasper air outlet, and diffuser on the left side of the
control cabin at (station) STA 259.5, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-21-1186,
dated April 17, 2012. If any metal clamp is found installed, before
further flight, replace each metal clamp with a plastic tie strap,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-21-1186, dated April 17, 2012.
    (2) Do a general visual inspection for damage to the adjacent
wire bundles and repair any damaged wire bundles in accordance with
the Accomplishment Instructions of Boeing Service Bulletin 737-21-
1186, dated April 17, 2012. Do all applicable repairs before further
flight.

 (h) Inspection, Replacement, and Repair

    For airplanes identified in Group 3 in Boeing Service Bulletin
737-21-1186, dated April 17, 2012: Within 60 months after the
effective date of this AD, replace any metal clamp installed on the
hoses to the air conditioning temperature sensor, gasper air outlet,
and diffuser on the left side of the control cabin at STA 259.5, and
inspect adjacent wire bundles and repair any damage, before further
flight, using a method approved in accordance with the procedures
specified in paragraph (j) of this AD.

(i) Parts Installation Prohibition

    For all airplanes: As of the effective date of this AD, no
person may install a metal clamp on the hoses to the air
conditioning temperature sensor, gasper air outlet, and the diffuser
on the left side of the control cabin at STA 259.5.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19,

send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in the Related Information section of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Marie Hogestad,
Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 18, 2013.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-23444 Filed 9-25-13; 8:45 am]
BILLING CODE 4910-13-P


From: "Dolby, Abigail"<EMAIL_ADDRESS>Sent: Tue, 27 Sep 2022 13:51:21  To: Coke ICR2<EMAIL_ADDRESS>Cc: Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: ABC COKE- Coke Ovens Section 114 Request Enclosure 1

See attached for pat A attachments part 2.

Abby Dolby Environmental Coordinator

T:<PHONE_NUMBER>  C:<PHONE_NUMBER>

<<A-Part 2.zip>>

From: Coke ICR2<EMAIL_ADDRESS>Sent: Tuesday, September 27, 2022 12:46 PM To: Dolby, Abigail<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: ABC COKE- Coke Ovens Section 114 Request Enclosure 1   Thank you for your two submissions:  A- Part 1.zip E-Flares-community issues-pra.zip

  From: Dolby, Abigail<EMAIL_ADDRESS>Sent: Tuesday, September 27, 2022 1:39 PM To: Coke ICR2<EMAIL_ADDRESS>Cc: Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: ABC COKE- Coke Ovens Section 114 Request Enclosure 1   See attached for part A attachments part 1.   Abby Dolby Environmental Coordinator

T:<PHONE_NUMBER>  C:<PHONE_NUMBER>     From: Dolby, Abigail  Sent: Tuesday, September 27, 2022 12:36 PM To: 'Coke ICR2'<EMAIL_ADDRESS>Cc: Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: ABC COKE- Coke Ovens Section 114 Request Enclosure 1     See attached for part E attachments.     Abby Dolby Environmental Coordinator

T:<PHONE_NUMBER>  C:<PHONE_NUMBER>       From: Coke ICR2<EMAIL_ADDRESS>Sent: Tuesday, September 27, 2022 12:22 PM To: Dolby, Abigail<EMAIL_ADDRESS>Coke ICR2<EMAIL_ADDRESS>Cc: Jones, DonnaLee<EMAIL_ADDRESS>Subject: RE: ABC COKE- Coke Ovens Section 114 Request Enclosure 1

  Hello,   This is an acknowledgement of your submission of 3 zip files to<EMAIL_ADDRESS>   Attachment:  Copy of ANSWER-Coke-Enc1-Questionnaire ICR-20162022-DrummondCompany.zip C- 303.zip D- Opacity Data.zip   Thank you       From: Dolby, Abigail<EMAIL_ADDRESS>Sent: Tuesday, September 27, 2022 1:07 PM To: Coke ICR2<EMAIL_ADDRESS>Cc: Raymond, Gabrielle<EMAIL_ADDRESS>Subject: ABC COKE- Coke Ovens Section 114 Request Enclosure 1

Good afternoon,   See attached for the excel sheet for Enclosure 1 of the 114 request for ABC Coke. The email allowed me to attach the zip folders for part D and C, but not allowing me to attach part A, B and E as they are too large.  I believe I will need a file transfer link for those parts.   Regards, Abby Dolby Environmental Coordinator

T:<PHONE_NUMBER>  C:<PHONE_NUMBER>


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10068-10070]
[FR Doc No: 2021-03207]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2021-0006-N-1]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks approval of the Information
Collection Request (ICR) abstracted below. Before submitting this ICR
to the Office of Management and Budget (OMB) for approval, FRA is
soliciting public comment on specific aspects of the activities
identified in the ICR.

DATES: Interested persons are invited to submit comments on or before
April 19, 2021.

ADDRESSES: Submit comments and recommendations for the proposed ICR to
Ms. Hodan Wells, Information Collection Clearance Officer at email:
<EMAIL_ADDRESS>or telephone:<PHONE_NUMBER>, and Mr. John Purnell,
Information Collection Clearance Officer at email<EMAIL_ADDRESS>or telephone:<PHONE_NUMBER>. Please refer to the assigned OMB control
number in any correspondence submitted. FRA will summarize comments
received in response to this notice in a subsequent notice and include
them in its information collection submission to OMB for approval.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 through 1320.12. Specifically,
FRA invites interested parties to comment on the following ICR
regarding: (1) Whether the information collection activities are
necessary for FRA to properly execute its functions, including whether
the activities will have practical utility; (2) the accuracy of FRA's
estimates of the burden of the information collection activities,
including the validity of the methodology and assumptions used to
determine the estimates; (3) ways for FRA to enhance the quality,
utility, and clarity of the information being collected; and (4) ways
for FRA to minimize the burden of information collection activities on
the public, including the use of automated collection techniques or
other forms of information technology. See 44 U.S.C. 3506(c)(2)(A); 5
CFR 1320.8(d)(1).
    FRA believes that soliciting public comment may reduce the
administrative and paperwork burdens associated with the collection of
information that Federal regulations mandate. In summary, FRA reasons
that comments received will advance three objectives: (1) Reduce
reporting burdens; (2) organize information collection requirements in
a ``user-friendly'' format to improve the use of such information; and
(3) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    The summary below describes the ICR that FRA will submit for OMB
clearance as the PRA requires:

    Title: Accident/Incident Reporting and Recordkeeping.
    OMB Control Number: 2130-0500.
    Abstract: The railroad accident/incident reporting regulations in
49 CFR part 225 require railroads to submit monthly reports summarizing
collisions, derailments, and certain other accidents/incidents
involving damages above a periodically revised dollar threshold, as
well as certain injuries to passengers, employees, and other persons on
railroad property. As the reporting requirements and the information
needed regarding each category of accident/incident are unique, a
different form is used for each category.
    Type of Request: Extension without change (with changes in
estimates) of a currently approved collection.
    Affected Public: Businesses.
    Form(s): FRA F 6180.54; .55; .55a; .56; .57; .78; .81; .97; .98;
.107; .150.
    Respondent Universe: 765 railroads.
    Frequency of Submission: On occasion.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
   CFR section/subject \1\        Respondent      Total annual     Average time    Total annual     dollar cost
                                   universe        responses       per response    burden hours   equivalent \2\
----------------------------------------------------------------------------------------------------------------
225.6(a)--Consolidated         765 railroads..  0.33 request...  40 hours.......           13.20       $1,022.60
 reporting--Request to FRA by
 parent corporation to treat
 its commonly controlled
 carriers as a single
 railroad carrier for
 purposes of this part.
225.9--Telephonic reports of   765 railroads..  3,123 phone      15 minutes.....          780.75       60,484.70
 certain accidents/incidents                     reports.
 and other events.
225.11--Reporting of           765 railroads..  1,970 forms....  2 hours........        3,940.00      305,231.80
 accidents/incidents--Form
 FRA F 6180.54.
225.12(a)--Rail equipment      765 railroads..  772 forms......  15 minutes.....          193.00       14,951.71
 accident/incident reports
 alleging human factor as
 cause--Form FRA F 6180.81.
--(b) Part I Form FRA F        765 railroads..  800 notices +    10 minutes (per          333.83       25,861.81
 6180.78 (Notices and copies).                   800 notice       notice) + 3
                                                 copies + 3,200   minutes (per
                                                 copies + 10      copy).
                                                 copies.
--(c) Joint operations.......  765 railroads..  77 reports.....  20 minutes.....           25.67        1,988.65
--(d) Late identification....  765 railroads..  20 attachments   10 minutes.....            6.67          516.72
                                                 + 20 notices.
--(g) Employee statement       Railroad         60 statements..  1.5 hours......           90.00        5,331.60
 supplementing railroad         employees.
 accident report (Part II
 Form FRA 6180.78).
--(g)(3) Employee              Railroad         5 letters......  2 hours........           10.00          592.40
 confidential letter.           employees.
225.13(A)--Late reports--RR    765 railroads..  25 late reports  2 hours........           50.00        3,873.50
 discovery of improperly
 omitted report of accident/
 incident.
--(B) RR late/amended report   765 railroads..  20 amended       1 hour (per               21.50        1,665.61
 of accident/incident based                      reports + 30     amended
 on employee statement                           copies.          report) + 3
 supplementing RR accident                                        minutes (per
 report.                                                          copy).
225.18(a)--RR narrative        765 railroads..  12 reports.....  15 minutes.....            3.00          232.41
 report of possible alcohol/
 drug involvement in accident/
 incident.
--(b) Reports required by      765 railroads..  5 reports......  30 minutes.....            2.50          193.68
 section 219.209(b) appended
 to rail equipment accident/
 incident report.
225.19(a)--Rail-highway grade  765 railroads..  2,231 forms....  2 hours........        4,462.00      345,671.14
 crossing accident/incident
 report--Form FRA F 6180.57.
--(d) Death, injury, or        765 railroads..  8,966 death,     1 hour (death,        11,636.00      901,440.92
 occupational illness (Form                      injury, or       injury, or
 FRA F 6180.55a).                                occ. illness     occ. illness
                                                 forms + 1,044    forms) + 2
                                                 trespasser       hours
                                                 forms + 291      (trespasser
                                                 suicide forms.   forms) + 2
                                                                  hours (suicide
                                                                  forms).
225.21--Railroad injury and    765 railroads..  9,180 forms....  10 minutes.....        1,530.00      118,529.10
 illness summary--Form FRA F
 6180.55.
225.21--Annual railroad        765 railroads..  765 forms......  15 minutes.....          191.25       14,816.14
 report of employee hours and
 casualties, by state--Form
 FRA F 6180.56.
225.21/25--Railroad employee   765 railroads..  4,000 forms....  1 hour.........        4,000.00      309,880.00
 injury and/or illness
 record--Form FRA F 6180.98.
--Copies of forms to           765 railroads..  120 form copies  2 minutes......            4.00          309.88
 employees.
225.21--Initial rail           765 railroads..  10,518 forms...  30 minutes.....           5,259      407,414.73
 equipment accident/incident
 record--Form FRA F 6180.97.
--Alternative record for       765 railroads..  150 forms......  75 minutes.....          187.50       14,525.63
 illnesses claimed to be work
 related--Form FRA F 6180.107.

--Highway user statement--RR   765 railroads..  836 letters/     50 minutes.....          696.67       53,971.02
 cover letter and Form FRA F                     forms.
 6180.150 sent out to
 potentially injured
 travelers involved in a
 highway-rail grade crossing
 accident/incident.
--Form FRA F 6180.150          1,035 injured    585 forms......  45 minutes.....          438.75       33,989.96
 completed by highway user      individuals.
 and sent back to railroad.
225.25(h)--Posting of monthly  765 railroads..  9,180 lists....  5 minutes......          765.00       59,264.55
 summary.
225.27(a)(1)--Retention of     765 railroads..  4,000 records..  2 minutes......          133.33       10,329.08
 records.
--Record of Form FRA F         765 railroads..  100 records....  2 minutes......            3.33          257.98
 6180.107s.
--Record of monthly lists....  765 railroads..  9,180 records..  2 minutes......          306.00       23,705.82
(a)(2)--Record of Form FRA F   765 railroads..  10,518 records.  2 minutes......          350.60       27,160.98
 6180.97.
--Record of employee human     765 railroads..  1,632 records..  2 minutes......           54.40        4,214.37
 factor attachments.
225.33--Internal control       765 railroads..  10 amendments..  6 hours........           60.00        4,648.20
 plans--Amendments.
225.35--Access to records and  765 railroads..  200 lists......  20 minutes.....           66.67        5,164.92
 reports.
225.37(a)--Optical media       1 railroad.....  12 transfers...  3 minutes......            0.60           46.48
 transfer of reports,
 updates, and amendments.
(c)(2)--Electronic submission  765 railroads..  4,590            3 minutes......          229.50       17,779.37
 of reports, updates, and                        submissions.
 amendments.
                              ----------------------------------------------------------------------------------
    Totals...................  765 railroads..  89,057           N/A............          35,845       2,775,067
                                                 responses.
----------------------------------------------------------------------------------------------------------------
\1\ The current inventory exhibits a total burden of 46,577 hours while the total burden of this notice is
  35,844 hours. Totals may not add due to rounding.
\2\ The dollar equivalent cost is derived from the Surface Transportation Board's 2019 Full Year Wage A&B data
  series using the appropriate employee group hourly wage rate that includes a 75-percent overhead charge.

    Total Estimated Annual Responses: 89,057.
    Total Estimated Annual Burden: 35,845 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$2,775,067.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that a respondent is not required to
respond to, conduct, or sponsor a collection of information that does
not display a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett A. Jortland,
Acting Chief Counsel.
[FR Doc. 2021-03207 Filed 2-17-21; 8:45 am]
BILLING CODE 4910-06-P