[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12221-12223]
[FR Doc No: 2015-05163]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74409; File No. SR-NYSEARCA-2015-11]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Specifying in
Exchange Rules the Exchange's Use of Certain Data Feeds for Order
Handling and Execution, Order Routing, and Regulatory Compliance

 March 2, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 24, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to specify in Exchange rules the Exchange's
use of certain data feeds for order handling and execution, order
routing, and regulatory compliance. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    On June 5, 2014, in a speech entitled ``Enhancing Our Market Equity
Structure,'' Mary Jo White, Chair of the Securities and Exchange
Commission (``SEC'' or the ``Commission'') requested the equity
exchanges to file with the Commission the data feeds used for purposes
of (1) order handling and execution (e.g., with pegged or midpoint
orders); (2) order routing, and (3) regulatory compliance, if
applicable.\4\ Subsequent to the Chair's speech, the Division of
Trading and Markets stated that it ``believes there is a need for
clarity regarding whether (1) the SIP data feeds, (2) proprietary data
feeds, or (3) a combination thereof,'' are used for these purposes and
requested that proposed rule changes be filed that disclose such
information.\5\ The stated goal of disclosing this information was to
provide broker-dealers and investors with enhanced transparency to
better assess the quality of an exchange's execution and routing
services.
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    \4\ See Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler, O'Neill & Partners, L.P. Global
Exchange and Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
    \5\ See Letter from James Burns, Deputy Director, Division of
Trading and Markets, Securities and Exchange Commission, to Jeffrey
C. Sprecher, Chief Executive Officer, Intercontinental Exchange,
Inc., dated June 20, 2014.
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    On July 18, 2014, in response to the above request, the Exchange
filed a proposed rule change that clarified the Exchange's use of
certain data feeds for order handling and execution, order routing, and
regulatory compliance.\6\ As noted in that filing, the data feeds
available for the purposes of order handling and execution, order
routing, and regulatory compliance at the Exchange include the
exclusive securities information processor (``SIP'') data feeds \7\ or
proprietary data feeds from individual market centers (``Direct
Feed'').
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    \6\ See Securities Exchange Act Release No. 72708 (July 29,
2014), 79 FR 45572 (Aug. 5, 2014) (SR-NYSEArca-2014-82) (``July 2014
Data Feed Filing'').
    \7\ The SIP feeds are disseminated pursuant to effective joint-
industry plans as required by Rule 603(b) of Regulation NMS. 17 CFR
242.603(b). The three joint-industry plans are: (1) The CTA Plan,
which is operated by the Consolidated Tape Association and
disseminates transaction information for securities with the primary
listing market on exchanges other than NASDAQ Stock Market LLC
(``Nasdaq''): (2) The CQ Plan, which disseminates consolidated
quotation information for securities with their primary listing on
exchanges other than Nasdaq; and (3) the Nasdaq UTP Plan, which
disseminates consolidated transaction and quotation information for
securities with their primary listing on Nasdaq.
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    SEC staff has requested that the Exchange file a supplemental
proposed rule change to specify in Exchange rules which data feeds the
Exchange uses for the above-described purposes. Accordingly, the
Exchange is filing this proposed rule change.
    At the time of the July 2014 Data Feed Filing, the Exchange used
only the SIP data feeds for BATS Y-Exchange, Inc., Chicago Stock
Exchange, Inc., and NYSE MKT LLC and uses a combination of Direct Feeds
and the SIP data feeds for the other exchanges trading NMS stocks,
i.e., BATS Exchange, Inc., EDGA Exchange, Inc., EDGX Exchange, Inc.
NASDAQ OMX BX LLC, NASDAQ OMX PHLX LLC, NASDAQ Stock Market LLC and New
York Stock Exchange LLC.\8\ These data feeds are used by the Exchange
to:
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    \8\ The Exchange notes that because the FINRA Alternate Display
Facility (``ADF'') does not currently display any quotations, the
Exchange does not need any data feeds to provide it with ADF quotes.

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     Determine protected quotations on markets other than the
Exchange for purposes of compliance with Rule 611 and Rule 610(d),
including identifying where to route ISOs, to calculate the protected
best bid or offer (``PBBO'') or national best bid or offer (``NBBO'')
for purposes of order types that are priced based on the PBBO or NBBO;
\9\
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    \9\ The NBBO is defined as the best bid and best offer of an NMS
security. 17 CFR 242.600(b)(3). The Exchange notes that the NBBO may
differ from the PBBO because the NBBO includes Manual Quotations,
which are defined as any quotation other than an automated
quotation. 17 CFR 242.600(b)(37). By contrast, a protected quotation
is an automated quotation that is the best bid or offer of a
national securities exchange. 17 CFR 242.60)(b)(57)(iii).
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     Route interest pursuant to NYSE Arca Equities Rule
7.37(d)(2); \10\ and
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    \10\ NYSE Arca Equities Rule 7.37(d)(2) specifies that if an
order has not been executed on the Exchange and is not designated as
a PNP Order, IOC, MPL Order, or Intermarket Sweep Order, it will be
routed for execution.
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     Determine the national best bid (``NBB'') for purposes of
complying with Rule 201 of Regulation SHO and NYSE Arca Equities Rule
7.16(f).\11\
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    \11\ NYSE Arca Equities Rule 7.16(f) requires that Exchange
systems not execute or display a short sale order with respect to a
covered security at a price that is less than or equal to the
current NBB if the price of that security decreases by 10% or more,
as determined by the Exchange, from the security's closing price on
the Exchange at the end of regular trading hours on the prior day.
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    The Exchange notes that when it routes interest to a protected
quotation, the Exchange adjusts the PBBO. In addition, when calculating
the PBBO or NBBO, the Exchange aggregates odd-lot interest available on
Direct Feeds at a single price level into round lot quotations.
    The Exchange proposes to add new Commentary .01 to NYSE Arca
Equities Rule 7.37, which would state the following:
    (a) The Exchange uses the following data feeds for the handing,
execution, and routing of orders, as well as for regulatory compliance:

------------------------------------------------------------------------
          Market center             Primary source     Secondary source
------------------------------------------------------------------------
BATS Exchange, Inc..............  Direct Feed.......  SIP Data Feed.
BATS Y-Exchange, Inc............  Direct Feed.......  SIP Data Feed.
Chicago Stock Exchange, Inc.....  SIP Data Feed.....  n/a.
EDGA Exchange, Inc..............  Direct Feed.......  SIP Data Feed.
EDGX Exchange, Inc..............  Direct Feed.......  SIP Data Feed.
NASDAQ OMX BX LLC...............  Direct Feed.......  SIP Data Feed.
NASDAQ OMX PHLX LLC.............  Direct Feed.......  SIP Data Feed.
NASDAQ Stock Market LLC.........  Direct Feed.......  SIP Data Feed.
New York Stock Exchange LLC.....  Direct Feed.......  SIP Data Feed.
NYSE MKT LLC....................  Direct Feed.......  SIP Data Feed.
------------------------------------------------------------------------

    As noted above, at the time of the July 2014 Data Feed Filing, the
Exchange was using the SIP Data Feed for BATS Y-Exchange, Inc. and NYSE
MKT LLC. The Exchange has since changed its data sources for those
markets, and as reflected above, now uses the Direct Feed as the
primary source for those markets.
    The Exchange further proposes to specify in new Commentary .02 to
Rule 7.37 that the Exchange receives data feeds directly from broker
dealers for purposes of routing interest pursuant to NYSE Arca Equities
Rule 7.37(d)(2).
 2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\12\ in general, and
furthers the objectives of section 6(b)(5),\13\ in particular, because
it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to, and perfect the
mechanism of, a free and open market and a national market system and,
in general, to protect investors and the public interest. The Exchange
believes that the proposed rule change removes impediments to and
perfects the mechanism of a free and open market because it provides
enhanced transparency to better assess the quality of an exchange's
execution and routing services.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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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. The proposed change is not
designed to address any competitive issue but rather would provide the
public and investors with information about which data feeds the
Exchange uses for execution and routing decisions.

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

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

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to section 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6)
thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \16\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
stated that waiver of the operative delay will permit the Exchange to
immediately provide the enhanced transparency in Exchange rules. The
Commission believes the

waiver of the operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the operative delay and designates the proposal operative upon
filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2015-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2015-11. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2015-11 and should
be submitted on or before March 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-05163 Filed 3-5-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Page 44381]
[FR Doc No: 2022-15992]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    NONE..........................
Exempt:
    CP21-57-000...................       7-20-2022  U.S. Congress.\1\
------------------------------------------------------------------------
\1\ Representatives David B. McKinley, Carol D. Miller, Senators Joe
  Manchin III, and Shelley Moore Capito.

    Dated: July 20, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15992 Filed 7-25-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Rules and Regulations]
[Page 27721]
[DOCID:fr14my08-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0279; Airspace Docket No. 07-AEA-19]

Amendment of Class E Airspace; Franklin, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register (73 FR 9439) that modifies Class E
Airspace at Franklin, PA. The modified airspace from nearby Venango
Regional Airport will now adequately support the Area Navigation (RNAV)
Global Positioning System (GPS) Special Instrument Approach Procedure
(lAP) developed for medical flight operations for the Northwest Medical
Center.

DATES: Effective 0901 UTC, June 05, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; Telephone<PHONE_NUMBER>; Fax (404) 305-
5572.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on February 21, 2008 (73 FR 9439),
Docket No. FAA-2007-0279; Airspace Docket No. 07-AEA-19. The FAA uses
the direct final rulemaking procedure for a non-controversial rule
where the FAA believes that there will be no adverse public comment.
This direct final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment, or a written
notice of intent to submit such an adverse comment, were received
within the comment period, the regulation would become effective on
June 5, 2008. No adverse comments were received, and thus this notice
confirms that effective date.

    Issued in College Park, Georgia, on April 21, 2008.
Lynda G. Otting,
Acting Manager, System Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-10421 Filed 5-13-08; 8:45 am]

BILLING CODE 4910-13-M


PRODUCT CHEMISTRY CHAPTER 4/ 3/ 06 A. Chemical Overview The chemical Orthophenylphenol ( OPP) is generally used as a germicide.

B. Chemical Identification $ Name: Orthophenylphenol ( OPP)

$ Chemical Family: Phenol $ Common/ Trade Names: DOWICIDE ® 1 Antimicrobial, Preventol O Extra 1 $ CAS Number: 90 43 7 $ Molecular Formula: C12H10O C. Physical/ Chemical Properties The following characteristics have been reported for orthophenylphenol: Technical Grade Active Ingredient ( TGAI):

$ Molecular Weight: 170.2 $ Color: Colorless $ Odor: Weakly Phenolic $ Physical State: solid ( flakes)

$ Specific gravity: 1.2 $ Dissociation Constant: 9.9 at 25 E C $ pH: 6.1 in aqueous solution at 22.7 E C $ Stability: stable at normal conditions $ Melting point: 56 58 E C $ Boiling point: 286 E C $ Water Solubility: 700 mg/ L at 25 E C $ Octanol water Partition Coefficient: 3.3 $ Vapor Pressure: 0.002 mm Hg at 25oC $ Oxidation Reduction Characteristics: Product contains no oxidizing or reducing functions $ Storage Stability: Stable for at least two years under normal storage conditions $ Corrosion Characteristics: Product is not corrosive to packaging materials.

$ Flammability: Flash Point ~ 138 o C $ Dielectric Breakdown Voltage: Not Established. A. Chemical Overview The chemical Sodium o phenylphenol is generally used as an in can preservative.

B. Chemical Identification $ Name: Sodium o phenylphenate $ Chemical Family: Phenol $ Common/ Trade Names: DOWICIDE ® A Antimicrobial, Preventol ON extra $ CAS Number: 132 27 4 $ Molecular Formula: C12H9NaO C. Physical/ Chemical Properties The following characteristics have been reported for Sodium o phenylphenol: Technical Grade Active Ingredient ( TGAI):

$ Molecular Weight: 192.19 $ Color: White to light buff $ Physical State: solid ( flake)

$ Specific gravity: .61. 69 $ Dissociation Constant: 10 @ 20 E C $ pH: 12 13.5 $ Stability: Stable under controlled conditions $ Melting point: 298.5 E C $ Water Solubility: 60.6 g/ 100 mL, 53.37% ( w/ w)

$ Octanol water Partition Coefficient: .59 $ Vapor Pressure: 1.8* 10 9 mm Hg @ 25 E C BIBLIOGRAPHY MRID# CITATIONS 101697 1969. Dow Chemical Company Document, Submitted for Partial Fulfillment of the Product Chemistry of Orthophenylphenol. 416050 01C Pawellek, D, and Jones, T. C., 1990 Product Chemistry Data, Guideline Series 61, 62 and 63, Mobay Corporation Mobay Road, Pittsburg, PA Note: MRID # s: 439942 01, 419149 01, 416095 01C, 423819 01C, 424570 01, 424417 03, 424417 02, 424417 01 crossreference all the physical/ chemical characteristics of Orthophenolphenol, Orthphenylphenol, Sodium Salt.


[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Notices]
[Pages 68705-68709]
[FR Doc No: 2023-21951]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98618; File No. SR-PEARL-2023-50]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change by MIAX PEARL,
LLC To Amend the MIAX Pearl Equities Fee Schedule

September 28, 2023.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on September 27, 2023, MIAX PEARL, LLC (``MIAX
Pearl'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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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

    The Exchange is filing a proposal to amend the fee schedule (the
``Fee Schedule'') applicable to MIAX Pearl Equities, an equities
trading facility of the Exchange.
    The text of the proposed rule change is available on the Exchange's
website at https://www.miaxglobal.com/markets/us-options/pearl-options/rule-filings, at MIAX Pearl's principal office, and at the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 1)f) of the Fee Schedule to
modify one aspect of the criteria that is required for Equity Members
\3\ to receive the Step-Up Added Liquidity Rebate (described below).
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    \3\ The term ``Equity Member'' is a Member authorized by the
Exchange to transact business on MIAX Pearl Equities. See Exchange
Rule 1901.
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Background
    The Exchange currently provides a standard rebate of ($0.0024) \4\
per share for executions of orders in securities priced at or above
$1.00 per share that add displayed liquidity to the Exchange. The
Exchange also currently offers various volume-based tiers and
incentives through which an Equity Member may receive an enhanced
rebate for executions of orders that add displayed liquidity to the
Exchange by achieving the specified criteria that corresponds to a
particular tier/incentive.
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    \4\ Rebates are indicated by parentheses. See the General Notes
Section of the Fee Schedule.
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    In particular, the Exchange adopted a volume based pricing
incentive, referred to as the ``Step-Up Added Liquidity Rebate,'' in
which qualifying Equity Members receive an enhanced rebate of ($0.0031)
per share for executions of orders in securities priced at or above
$1.00 per share that add displayed liquidity to the Exchange.\5\ The
enhanced rebate provided by the Step-Up Added Liquidity Rebate applies
to Liquidity Indicator Codes AA (adds liquidity, displayed order, Tape
A), AB (adds liquidity, displayed order, Tape B) and AC (adds
liquidity, displayed order, Tape C).\6\
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    \5\ See Securities Exchange Act Release No. 95614 (August 26,
2022), 87 FR 53813 (September 1, 2022) (SR-PEARL-2022-33).
    \6\ See Fee Schedule, Section 1)b), Liquidity Indicator Codes
and Associated Fees.
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    Currently, Equity Members qualify for the Step-Up Added Liquidity
Rebate by achieving a ``Step-Up ADAV as a % of TCV'' \7\ of at least
0.03% over the baseline month of May 2023.\8\ Average daily added
volume (``ADAV'') means average daily added volume calculated as the
number of shares added per day and average daily volume (``ADV'') means
average daily volume calculated as the number of shares added or
removed, combined, per day. ADAV and ADV are calculated on a monthly
basis.\9\ Total consolidated volume (``TCV'') means total consolidated
volume calculated as the volume in shares reported by all exchanges and
reporting facilities to a consolidated transaction reporting plan for
the month for which the fees apply.\10\ For example, prior to the
effectiveness of this proposal, if an Equity Member had an ADAV as a
percent of TCV of 0.01% in May 2023, then that Equity Member has to
achieve an ADAV as a percent of TCV equal to or greater than 0.04% in
any subsequent month in order to qualify for the Step-Up Added
Liquidity Rebate.
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    \7\ The term ``Step-Up ADAV as a % of TCV'' means ADAV as a
percent of TCV in the relevant baseline month subtracted from the
current month's ADAV as a percent of TCV. See the Definitions
Section of the Fee Schedule. The Exchange notes that the Step-Up
Added Liquidity Rebate does not apply to executions of orders in
securities priced below $1.00 per share or executions of orders that
constitute added non-displayed liquidity.
    \8\ The Exchange currently uses a baseline ADAV of 0.00% of TCV
for firms that become Equity Members of the Exchange after May 2023
for the purpose of the Step-Up Added Liquidity Rebate calculation.
See Securities Exchange Act Release No. 97716 (June 13, 2023), 88 FR
39887 (June 20, 2023) (SR-PEARL-2023-25).
    \9\ The Exchange excludes from its calculation of ADAV and ADV
shares added or removed on any day that the Exchange's system
experiences a disruption that lasts for more than 60 minutes during
regular trading hours, on any day with a scheduled early market
close, and on the ``Russell Reconstitution Day'' (typically the last
Friday in June). Routed shares are not included in the ADAV or ADV
calculation. With prior notice to the Exchange, an Equity Member may
aggregate ADAV or ADV with other Equity Members that control, are
controlled by, or are under common control with such Equity Member
(as evidenced on such Equity Member's Form BD). See the Definitions
Section of the Fee Schedule.
    \10\ The Exchange excludes from its calculation of TCV volume on
any given day that the Exchange's system experiences a disruption
that lasts for more than 60 minutes during Regular Trading Hours, on
any day with a scheduled early market close, and on the ``Russell
Reconstitution Day'' (typically the last Friday in June). See the
Definitions Section of the Fee Schedule.
---------------------------------------------------------------------------

Proposal
    The Exchange now proposes to amend Section 1)f) of the Fee Schedule
to modify one aspect of the required criteria for Equity Members to
receive the Step-Up Added Liquidity Rebate. In particular, the Exchange
proposes to amend the baseline month from May 2023 to now be July 2023.
With the proposed change, Equity Members will qualify for the Step-Up
Added Liquidity Rebate by achieving a Step-Up ADAV as a % of TCV of at
least 0.03% over the baseline month of July 2023.\11\ Additionally, the
Exchange proposes that the criteria to qualify for the Step-Up Added
Liquidity Rebate will expire no later than January 31, 2024 (referred
to herein as the ``sunset period'').\12\ The Exchange will issue an
alert to market participants should the Exchange determine that the
Step-Up Added Liquidity Rebate will expire earlier than January 31,
2024 or if the Exchange determines to amend the criteria or rate
applicable to the Step-Up Added Liquidity Rebate prior to the end of
the sunset period. The Exchange notes that at least one other competing
equities exchange provides a similar ``sunset period'' for one of its
enhanced rebates subject to a baseline month comparison with a more
recent month.\13\
---------------------------------------------------------------------------

    \11\ The Exchange will continue use a baseline ADAV of 0.00% of
TCV for firms that become Equity Members of the Exchange after July
2023 for the purpose of the Step-Up Added Liquidity Rebate
calculation.
    \12\ The Exchange notes that at the end of the sunset period,
the Step-Up Added Liquidity Rebate will no longer apply unless the
Exchange files another 19b-4 Filing with the Commission to amend the
criteria terms or update the baseline month to a more recent month.
    \13\ See Securities Exchange Act Release No. 97462 (May 9,
2023), 88 FR 31077 (May 15, 2023) (SR-MEMX-2023-08); see also MEMX
LLC (``MEMX'') Fee Schedule, Liquidity Provision Tiers, Tier 4,
available at https://info.memxtrading.com/fee-schedule/ (last
visited September 22, 2023).
---------------------------------------------------------------------------

    The Exchange does not propose any other changes to the qualifying
criteria for Equity Members to receive the Step-Up Added Liquidity
Rebate. The Exchange also does not propose to amend the amount of the
enhanced rebate of ($0.0031) per share for Equity Members that qualify
for the Step-Up Added Liquidity Rebate.
    The purpose of this proposed change is to update the baseline month
to a more recent month for the calculation of the Step-Up Added
Liquidity Rebate. The Exchange believes that with the updated baseline
month, the Step-Up Added Liquidity Rebate will continue to provide an
incentive for Equity Members to strive for higher ADAV on the Exchange
(above their ADAV in the baseline month of July 2023) to receive the
enhanced rebate for qualifying executions of orders in securities
priced at or above $1.00 per share that add displayed liquidity to the
Exchange. The

Exchange believes that, with the proposed change to the baseline month,
the Step-Up Added Liquidity Rebate will continue to encourage the
submission of additional displayed added liquidity to the Exchange,
thereby promoting price discovery and contributing to a deeper and more
liquid market, which benefits all market participants and enhances the
attractiveness of the Exchange as a trading venue. The Exchange notes
that earlier this year, MEMX filed a proposal to use a more recent
month (April 2023) as the baseline month for one of its enhanced
Liquidity Provision Tiers (Tier 4) for MEMX's members to receive an
enhanced rebate, with a sunset period of October 31, 2023.\14\ The
purpose of including the proposed sunset period in the Fee Schedule is
to provide clarity to Equity Members that, unless the Exchange
determines to amend or otherwise modify the Step-Up Added Liquidity
Rebate, the Step-Up Added Liquidity Rebate will expire at the end of
the sunset period.
---------------------------------------------------------------------------

    \14\ See id. MEMX will likely have to make a similar filing as
proposed by the Exchange in this filing in order to amend or
otherwise update its baseline month and sunset period before October
31, 2023.
---------------------------------------------------------------------------

Implementation
    The proposed changes will be effective beginning October 1, 2023.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \15\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \16\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among its Equity Members and issuers and other
persons using its facilities and is not designed to permit unfair
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange operates in a highly fragmented and competitive market
in which market participants can readily direct their order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of sixteen registered equities exchanges, and
there are a number of alternative trading systems and other off-
exchange venues, to which market participants may direct their order
flow. As of September 26, 2023, based on publicly available
information, no single registered equities exchange currently has more
than approximately 15-16% of the total market share of executed volume
of equities trading for the month of September 2023.\17\ Thus, in such
a low-concentrated and highly competitive market, no single equities
exchange possesses significant pricing power in the execution of order
flow, and the Exchange represents approximately 1.72% of the overall
market share as of September 26, 2023 for the month of September
2023.\18\ The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and also recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \19\
---------------------------------------------------------------------------

    \17\ See the ``Market Share'' Section of the Exchange's website,
available at https://www.miaxglobal.com/ (last visited September 26,
2023).
    \18\ See id.
    \19\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37499 (June 29, 2005).
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow or discontinue to reduce use of certain categories of
products, in response to new or different pricing structures being
introduced into the market. Accordingly, competitive forces constrain
the Exchange's transaction fees and rebates, and market participants
can readily trade on competing venues if they deem pricing levels at
those other venues to be more favorable. The Exchange believes the
proposal reflects a reasonable and competitive pricing structure
designed to incentivize market participants to direct additional orders
that add liquidity to the Exchange, which the Exchange believes would
deepen liquidity and promote market quality on the Exchange to the
benefit of all market participants.
    The Exchange notes that volume-based incentives and discounts (such
as tiers) have been widely adopted by exchanges (including the
Exchange), and believes they are reasonable, equitable and not unfairly
discriminatory because they are available to all Equity Members on an
equal basis, provide additional benefits or discounts that are
reasonably related to the value of an exchange's market quality
associated with higher levels of market activity (such as higher levels
of liquidity provision and/or growth patterns), and the introduction of
higher volumes of orders into the price and volume discovery process.
    The Exchange believes its proposal to update the baseline month
criteria for the Step-Up Added Liquidity Rebate is reasonable,
equitably allocated and not unfairly discriminatory because volume on
the Exchange has changed since the Exchange last updated the baseline
month for the Step-Up Added Liquidity Rebate and utilizing a more
recent month as the baseline should be more representative of Equity
Members' trading on the Exchange. The Exchange believes that with the
updated baseline month, the Step-Up Added Liquidity Rebate will
continue to provide an incentive for Equity Members to strive for
higher ADAV on the Exchange (above their ADAV in the baseline month of
July 2023) to receive the enhanced rebate for qualifying executions of
orders in securities priced at or above $1.00 per share that add
displayed liquidity to the Exchange. The Exchange believes that the
proposal is reasonable because even with the updated baseline month,
the Step-Up Added Liquidity Rebate will continue to encourage the
submission of added displayed liquidity to the Exchange, thereby
promoting price discovery and contributing to a deeper and more liquid
market, which benefits all market participants and enhances the
attractiveness of the Exchange as a trading venue.
    The Exchange believes that the Step-Up Added Liquidity Rebate, as
modified by the proposed change to the baseline month, is reasonable,
equitable and not unfairly discriminatory as the Step-Up Added
Liquidity Rebate will continue to be available to all Equity Members on
an equal basis, and is reasonably designed to encourage Equity Members
to maintain or increase their order flow in liquidity-adding volume.
The Exchange believes this will continue to promote price discovery,
enhance liquidity and market quality, and contribute to a more robust
and well-balanced market ecosystem on the Exchange to the benefit of
all Equity Members and market participants. The Exchange also notes
that MEMX filed a proposal to use a more recent month (April 2023) as
the baseline month for one of its enhanced Liquidity Provision Tiers
(Tier 4) for MEMX's members to receive an enhanced rebate, and
anticipates MEMX making a similar update to its baseline month for its
enhanced rebate sometime

within the next month (or removing the enhanced rebate altogether).\20\
---------------------------------------------------------------------------

    \20\ See supra notes 13-14.
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to include the sunset period in the Fee Schedule for the
Step-Up Added Liquidity Rebate because it will provide clarity to
Equity Members that, unless the Exchange determines to amend or
otherwise modify the Step-Up Added Liquidity Rebate, the Step-Up Added
Liquidity Rebate will expire at the end of the sunset period. This will
allow Equity Members to take into account that the enhanced rebate
provided for by the Step-Up Added Liquidity Rebate may be discontinued
at the end of sunset period unless the Exchange announces otherwise and
files a revised proposal with the Commission. The Exchange further
notes that it will issue an alert to market participants should the
Exchange determine that the Step-Up Added Liquidity Rebate will expire
earlier than January 31, 2024 or if the Exchange determines to amend
the criteria or rate applicable to the Step-Up Added Liquidity Rebate
prior to the end of the sunset period. At least one other competing
equities exchange provided a similar sunset period in its fee schedule
for one of its enhanced rebates subject to a baseline month comparison
with a more recent month.\21\
---------------------------------------------------------------------------

    \21\ See id.
---------------------------------------------------------------------------

    The Exchange believes it is reasonable, equitable and not unfairly
discriminatory to use a baseline ADAV of 0.00% of TCV for firms that
become Equity Members of the Exchange after July 2023 for the purpose
of the Step-Up Added Liquidity Rebate calculation because it will
provide an additional incentive for prospective firms to become Equity
Members. The Exchange believes this will incentivize new Equity Members
to trade on the Exchange, which will add to price discovery, enhance
liquidity and market quality, and contribute to a more robust and well-
balanced market ecosystem on the Exchange to the benefit of all Equity
Members and market participants. The Exchange notes that the proposed
Step-Up Added Liquidity Rebate will not adversely impact any Equity
Member's ability to qualify for reduced fees or enhanced rebates
offered under other pricing tiers/incentives on the Exchange. Should an
Equity Member not meet the required criteria, the Equity Member will
merely not receive the corresponding enhanced rebate.

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

    The Exchange believes that the proposed change will not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that the proposal will impose any
burden on intramarket competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes the Step-
Up Added Liquidity Rebate, as modified by this proposal, will continue
to incentivize Equity Members to submit additional orders that add
liquidity to the Exchange, thereby contributing to a deeper and more
liquid market and promoting price discovery and market quality on the
Exchange to the benefit of all market participants and enhancing the
attractiveness of the Exchange as a trading venue, which the Exchange
believes, in turn, would continue to encourage market participants to
direct additional order flow to the Exchange.
    The Exchange also believes that using a baseline ADAV of 0.00% of
TCV for firms that become Equity Members of the Exchange after July
2023 for the purpose of the Step-Up Added Liquidity Rebate calculation
will incentivize new Equity Members to trade on the Exchange, which
will add to price discovery, enhance liquidity and market quality, and
contribute to a more robust and well-balanced market ecosystem on the
Exchange to the benefit of all Equity Members and market participants.
Greater liquidity benefits all Equity Members by providing more trading
opportunities and encourages Equity Members to send additional orders
to the Exchange, thereby contributing to robust levels of liquidity,
which benefits all market participants. As described above, the
opportunity to qualify for the proposed new Step-Up Added Liquidity
Rebate, and thus receive the proposed rebate for qualifying executions
of orders in securities priced at or above $1.00 per share that add
displayed volume will continue to be available to all Equity Members
that meet the associated volume requirement, and the Exchange believes
the proposed update to the baseline month is reasonably related to the
enhanced market quality that the Step-Up Added Liquidity Rebate is
designed to promote. As such the Exchange does not believe the proposed
changes would impose any burden on intramarket competition that is not
necessary or appropriate in furtherance of the purpose of the Act.
    The Exchange believes its proposal to include the sunset period in
the Fee Schedule for the Step-Up Added Liquidity Rebate will not impose
any burden on intramarket competition not necessary or appropriate in
furtherance of the purposes of the Act because it will provide clarity
to Equity Members that, unless the Exchange determines to amend or
otherwise modify the Step-Up Added Liquidity Rebate, the Step-Up Added
Liquidity Rebate will be discontinued at the end of the sunset period.
This will allow Equity Members to take into account that the enhanced
rebate provided for by the Step-Up Added Liquidity Rebate may be
discontinued at the end of the sunset period unless the Exchange
announces otherwise. The Exchange further notes that it will issue an
alert to market participants should the Exchange determine that the
Step-Up Added Liquidity Rebate will expire earlier than January 31,
2024 or if the Exchange determines to amend the criteria or rate
applicable to the Step-Up Added Liquidity Rebate prior to the end of
the sunset period. At least one other competing equities exchange
provided a similar sunset period in its fee schedule for one of its
enhanced rebates subject to a baseline month comparison with a more
recent month.\22\
---------------------------------------------------------------------------

    \22\ See supra notes 13-14.
---------------------------------------------------------------------------

Intermarket Competition
    The Exchange believes its proposal will benefit competition, and
the Exchange notes that it operates in a highly competitive market.
Equity Members have numerous alternative venues they may participate on
and direct their order flow to, including fifteen other equities
exchanges and numerous alternative trading systems and other off-
exchange venues. As noted above, as of September 26, 2023, based on
publicly available information, no single registered equities exchange
currently has more than approximately 15-16% of the total market share
of executed volume of equities trading for the month of September
2023.\23\ Thus, in such a low-concentrated and highly competitive
market, no single equities exchange possesses significant pricing power
in the execution of order flow, and the Exchange represents
approximately 1.72% of the overall market share as of September 26,
2023 for the month of September 2023.\24\ Moreover, the Exchange
believes that the ever-shifting market share among the exchanges from
month to month demonstrates that market participants

can shift order flow in response to new or different pricing structures
being introduced to the market. Accordingly, competitive forces
constrain the Exchange's transaction fees and rebates generally,
including with respect to the criteria for Equity Members to achieve
the Step-Up Added Liquidity Rebate, and market participants can readily
choose to send their orders to other exchanges and off-exchange venues
if they deem rebate criteria at those other venues to be more
favorable.
---------------------------------------------------------------------------

    \23\ See supra note 17.
    \24\ See id.
---------------------------------------------------------------------------

    As described above, the proposed changes represent a competitive
proposal through which the Exchange is seeking to continue to encourage
additional order flow to the Exchange through a volume-based incentive
that is comparable to the criteria for volume-based incentives adopted
by at least one other competing exchange which also updated its
baseline month to a more recent month for a specific enhanced rebate
that adds liquidity to that market.\25\ Accordingly, the Exchange
believes that its proposal would not burden, but rather promote,
intermarket competition by enabling it to better compete with other
exchanges that offer similar pricing incentives to market participants
that achieve certain volume criteria and thresholds.
---------------------------------------------------------------------------

    \25\ See supra note 13.
---------------------------------------------------------------------------

    Additionally, 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.'' \26\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the DC
circuit stated: ``[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 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'. . .''.\27\ Accordingly, the Exchange does not believe
its proposed pricing changes impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \26\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \27\ See NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSE-2006-21)).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\28\ and Rule 19b-4(f)(2) \29\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \29\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-PEARL-2023-50 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-PEARL-2023-50. 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 (https://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
a.m. and 3 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-PEARL-2023-50 and should be
submitted on or before October 25, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-21951 Filed 10-3-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 11, 2009 (Volume 74, Number 89)]
[Notices]
[Page 21792]
[DOCID:fr11my09-485]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13395-000]

Northeast Hydrodevelopment, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

May 4, 2009.
    On March 9, 2009, Northeast Hydrodevelopment, LLC filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Main Street Dam Hydroelectric
Project, to be located on the Salmon Brook River, in Hillsborough
County, New Hampshire. On April 7, 2009, the applicant filed
corrections to their original preliminary permit application for the
Main Street Dam Project.
    The proposed Main Street Dam Project would be located along the
Salmon Brook River channel below the existing outlet works at an
existing dam owned by the Pennichuck Water Works Company. The existing
dam, which impounds the Suncook River, is 75 feet long and 18 feet
high, and includes a 31-foot-long board crested weir spillway and a 54-
inch-diameter penstock.
    The proposed project would consist of: (1) One submersible or
tubular-type turbine-generator, with a total hydraulic capacity of 80
cubic feet per second and a total installed generating capacity of
0.085 megawatts, connected to a rehabilitated 54-inch-diameter
penstock; (3) a newly excavated 125-foot-long tailrace; (4) an
approximately 100-foot-long transmission line; (5) 2.5 foot of new
flashboards would be reinstalled on the crest of the Main Street Dam
spillway; (6) a rehabilitated gate structure and new trash racks
installed; and (7) appurtenant facilities. The Main Street Dam Project
would have an estimated average annual generation of 425 megawatts-
hours (MWh), which would be sold to Public Service of New Hampshire.
    Applicant Contact: Mr. Norm Herbert, Manager, Northeast
Hydrodevelopment, LLC, 100 State Route 101A, Building C, Suite 270,
Amherst, New Hampshire 03031,<PHONE_NUMBER>.
    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13395) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-10848 Filed 5-8-09; 8:45 am]

BILLING CODE 6717-01-P


                             SUPPORTING STATEMENT
Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015 (40 CFR part 60, subpart OOOOa).

PART A
1.0  	Identification of the Information Collection
(a)	Title and Number of the Information Collection.
	Standards of Performance for Crude Oil and Natural Gas Facilities for Construction, Modification, or Reconstruction Commenced After September 18, 2015 (40 CFR part 60, subpart OOOOa). This is a new information collection request (ICR), and the EPA tracking number is 2523.01.
(b)	Short Characterization.
      This ICR covers information collection requirements in the new source performance standards (NSPS) for Crude Oil and Natural Gas Facilities (40 CFR part 60, subpart OOOOa). The information collected will be used by the EPA and delegated state and local agencies to determine the compliance status of affected facilities subject to the rule.
      The oil and natural gas sector includes operations involved in the extraction and production of oil and natural gas, as well as the processing, transmission, and distribution of natural gas.
      On June 24, 1985 (50 FR 26122), the EPA promulgated an NSPS for the Crude Oil and Natural Gas Production category which addressed emissions of volatile organic compounds (VOC) from leaking equipment at onshore natural gas processing plants (40 CFR part 60, subpart KKK). These standards apply to the following affected facilities constructed, modified or reconstructed after January 20, 1984, located at onshore natural gas processing plants: a compressor in VOC service or in wet gas service, and the groups of all equipment (except compressors) within a process unit. A process unit is defined as the equipment assembled for extraction of natural gas liquids from field gas, fractionation of liquids into natural gas products, or other processing of natural gas products.
      The NSPS for Onshore Natural Gas Processing - SO2 Emissions (40 CFR part 60, subpart LLL) were promulgated on October 1, 1985. These standards apply to the following affected facilities located at onshore natural gas processing plants and constructed after January 20, 1984: each sweetening unit, and each sweetening unit followed by a sulfur recovery unit. A sweetening unit is defined as a process device that separates the hydrogen sulfide and carbon dioxide (CO2) contents from the sour natural gas stream. The provisions of subpart LLL do not apply to sweetening facilities that produce acid gas that is completely re-injected into oil or gas bearing geologic strata or that is otherwise not released to the atmosphere. The control and monitoring requirements of subpart LLL do not apply to affected facilities with design capacities of less than two long tons per day (LT/D) of hydrogen sulfide in the acid gas, expressed as sulfur.
      As part of the mandatory review of NSPS required under the Clean Air Act,  the requirements of subpart KKK and subpart LLL were issued in a new subpart, 40 CFR part 60, subpart OOOO, promulgated on August 16, 2012. The existing provisions of subparts KKK and LLL were included in the new subpart OOOO along with new standards regulating VOC for the following affected facilities in the extraction and production sector of the oil and gas industry: gas wells, pneumatic controllers, centrifugal and reciprocating compressors, and storage vessels.
      The EPA is finalizing amendments to subpart OOOO due to reconsideration of certain issues raised in petitions for reconsideration that were received by the Administrator, which include implementation improvements. The EPA is also finalizing a new subpart, 40 CFR part 60, subpart OOOOa, which includes: standards for GHG emissions (in the form of limitations on methane) from certain facilities that are covered by current VOC standards in the oil and natural gas source category, and standards for GHG and VOC emissions from facilities across the source category that are currently unregulated, including hydraulically fractured oil well completions; fugitive emissions from well sites and compressor stations; pneumatic pumps; and centrifugal compressors, reciprocating compressors and pneumatic controllers in the transmission and storage segment.
      The potential respondents are owners or operators of oil and natural gas affected facilities as defined under subpart OOOOa. All of the oil and natural gas facilities located in the United States are owned and operated by the oil and natural gas industry (the "Affected Public"). None of the facilities in the United States are owned or operated by state, local, tribal or the Federal government. All facilities are privately owned for-profit businesses.
      In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of calculations and compliance determinations. These notifications, reports, and records are essential in determining compliance, and are required of all owners and operators of affected facilities subject to NSPS.
      We estimate an average of 2,554 operators will be affected by subpart OOOOa over the three year period. The average annual burden for the recordkeeping and reporting requirements in subpart OOOOa for these owner and operators that are subject to the Oil and Natural Gas Production, and Natural Gas Transmission and Distribution NSPS is 98,438 person-hours, with an average annual cost of $3,361,074 over the three year period.
2.	Need For and Use of the Collection
(a)	Need/Authority for the Collection.
      The EPA is charged under section 111 of the Clean Air Act (CAA), as amended, to establish standards of performance for new stationary sources that reflect:

--------------------------------------------------------------------------------
            . . . application of the best technological system of continuous emissions reduction which (taking into consideration the cost of achieving such emissions reduction, or any non-air quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated.  Section 111(a)(l).
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      The Agency refers to this charge as selecting the best system of emissions reduction (BSER).  Section 111 also requires that the Administrator review and, if appropriate, revise such standards every 8 years.

      In addition, section 114(a) states that the Administrator may require any owner or operator subject to any requirement of this Act to:

 establish and maintain such records;
 make such reports;
 install, use, and maintain such monitoring equipment;
 use such audit procedures, or methods;
 sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Administrator shall prescribe);
 keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;
 submit compliance certifications in accordance with Section 114(a)(3); and
 provide such other information as the Administrator may reasonably require.

(b)	Use/Users of the Data.
	The information will be used by the delegated authority (state agency, or Regional Administrator if there is no delegated state agency) to ensure that the standards and other requirements are being achieved. Based on review of the recorded information at the site and the reported information, the delegated permitting authority can identify facilities that may not be in compliance and decide which facilities, records, or processes may need inspection.
3.	Nonduplication, Consultations, and Other Collection Criteria
(a)	Nonduplication.
      Where it has been deemed applicable, the recordkeeping and reporting requirements for this NSPS have been developed following the similar reporting requirements as outlined in "Mandatory Reporting of Greenhouse Gases: Subpart W Oil and Natural Gas" in 40 CFR 98.2 and 40 CFR 98.4. By remaining consistent with subpart W, we have attempted to reduce the burden required to monitor and show compliance. In addition, if a State or local agency has adopted their own similar standards to implement the Federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the Federal standards. Therefore, no duplication exists.
(b)	Public Notice Required Prior to ICR Submission to OMB.
	This section is not applicable because this is a rule-related ICR.
(c)	Consultations.
      In developing the rule, the EPA performed a comprehensive review of existing state rules and industry standards, visited oil and natural gas sites, as well as consulted with individual companies, state agencies, and environmental groups. The main organizations that provided expert advice during the development of this rule include the Agency's industry experts.
(d)	Effects of Less Frequent Collection.
      Respondents must monitor all specified criteria at each affected facility and maintain these records for 5 years. The reporting frequency to the EPA has been established to minimize the burden on owners and operators of affected facilities.
(e)	General Guidelines.
      This collection of information is consistent with all OMB guidelines established by OMB at 5 CFR part 1320, section 1320.5.
 (f)	Confidentiality.
	All information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, Part 2, Subpart B--Confidentiality of Business Information (see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 28, 1978; 43 FR 42251, September 28, 1978; 44 FR 17674, March 23, 1979).
(g)	Sensitive Questions.
	This section is not applicable because this ICR does not involve matters of a sensitive nature.
4.	The Respondents and the Information Requested
(a)	Respondents/NAICS Codes.
      Potential respondents under subpart OOOOa are owners or operators of new, modified or reconstructed oil and natural gas affected facilities as defined under the rule. The North American Industry Classification System (NAICS) codes for the oil and gas industry include: 211111 (Crude Petroleum and Natural Gas Extraction); 211112 (Natural Gas Liquid Extraction); 221210 (Natural Gas Distribution); 486110 (Pipeline Distribution of Crude Oil); 486210 (Pipeline Transportation of Natural Gas).
(b)	Information Requested.
(i)	Data Items, Including Recordkeeping Requirements.
                                 Recordkeeping
For well affected facilities, record location and well identification information.  Maintain completion log records for each completion operation.  For wells exempt from one or more requirements, maintain records to support exemption.
60.5375a(b); 60.5410a(a); 60.5415a(a); 60.5420a(c)(1)
For well affected facilities with less than or equal to 300 scf of gas per stock tank barrel of oil produced, keep records to demonstrate exemption.
60.5375a(g)(2); 60.5420a(c)(1)(vi).
For centrifugal compressor affected facilities, maintain records related to equipment, purchase, location, and control.  Develop site-specific monitoring plan.  Maintain compliance records for control device including continuous parameter monitoring results, visible emission observation results, inspection results, corrective actions, and maintenance.  Maintain certification of closed vent system capacity; record results of closed vent system and by-pass inspections, maintenance, and corrective actions.
60.5380a(d); 60.5410a(b)(8); 60.5411a(a)(3)(i)(A); 60.5411a(d); 60.5412a(c) and (d); 60.5413a(d) and (e); 60.5415a(b); 60.5416a(a) and (b); 60.5417a(c), (e), and (f); 60.5420a(c)(2) and (17).
For reciprocating compressor affected facilities, maintenance records of rod packing replacement and operating data.
60.5385a(d); 60.5410a(c)(4); 60.5415a(c); 60.5420a(c)(3)
For reciprocating compressor affected facilities that collect emissions through a closed vent system to a process, maintain certification of closed vent system capacity; record results of closed vent system and by-pass inspections, maintenance, and corrective actions.
60.5385a(d); 60.5410a(c)(4); 60.5411a(a)(3)(i)(A); 60.5411a(d); 60.5416a(a) and (b)(13); 60.5420a(c)(3) and (17).
For pneumatic controller affected facilities, maintain information related to equipment, purchase, and location.  Requirements to tag devices. Documentation of bleed rate and justification for use of device > 6 scfh.
60.4390a(a), (b)(2), (c)(2), (f); 60.5410a(d)(4) and (6); 60.5413a(d)(3); 60.5420a(c)(4)
For pneumatic pump affected facilities that are not controlled, maintain information related to equipment, purchase, location, and manufacturer specifications.  Prepare and submit applicable certification and maintain records.  Maintain information related to equipment, purchase, location, and manufacturer specifications.
60.5393a(b)(3)-(5); 60.5393a(e); 60.5410a(e)(8); 60.5420a(c)(16)
For pneumatic pump affected facilities that are controlled, maintain information related to equipment, purchase, location, manufacturer specifications, and control.  Maintain certification of closed vent system capacity; record results of closed vent system and by-pass inspections, maintenance, and corrective actions.
60.5393a(e); 60.5410a(e)(8); 60.5420a(c)(16); 60.5411(a)(3)(i)(A); 60.5411a(d); 60.5416a(a) and (b)(13); 60.5420a(c)(16) and (17).
For storage vessel affected facilities, Maintain compliance records for control device including visible emission observation results, inspection results, corrective actions, and maintenance.  Maintain certification of closed vent system capacity; record results of closed vent system and by-pass inspections, maintenance, and corrective actions.
60.55395a(d)(3); 60.5411a(c)(3)(i)(A); 60.5411a(d); 60.5412a(c) and (d); 60.5413a(d) and (e); 60.5416a(c); 60.5417a(h)60.5420a(c)(12), (13), (14), and (17).
For the collection of fugitive emission components at well sites affected facilities, develop company-defined area monitoring plans.  Maintain records of each semi-annual monitoring survey.
60.5397a(b), (c), (i), 60.5410a(i); 60.5415a(h); 60.5420a(c)(15)
For the collection of fugitive emission components at compressor station affected facilities, develop company-defined area monitoring plans.  Maintain records of each quarterly monitoring survey.
60.5397a(b), (c), (i), 60.5410a(i); 60.5415a(h); 60.5420a(c)(15)
For affected facilities at onshore gas processing plants, records of subject equipment, records of leak detection and repair program.
60.5400a(a)
60.482-1a(b) and (d); 60.482-7a; 60.482-10a
For sweetening unit affected facilities at onshore natural gas processing plants, records of sulfur levels, acid gas, calculations, measurements, and compliance records.
60.5407a(a); 60.5423a
Notifications and Reporting

Notify the Administrator at least two days prior to a well completion operation.
60.5420a(a)(2)
Submit an annual report, per operating entity, for all wellhead, pneumatic controller, pneumatic pump, storage vessel, centrifugal and reciprocating compressor and wellsite and compressor station fugitive emissions affected facilities.
60.5420a(b)
Notification of construction or reconstruction.
60.7(a)(1)
Notification of performance test.
60.8(d)
Annual reports including those of excess emissions.
60.5417a(c); 60.487a(c)( 2)(i)-(vi)
Performance test results.
60.487a(e)
Semiannual report on excess emissions from and performance of continuous monitoring system, and/or summary report forms at processing plants
60.5422a(b)
Annual report on excess emissions from and performance of continuous monitoring system for sweetening units.
60.5410a(g )(3); 60.5423a(b)

(ii)	Respondent Activities.

                             Respondent Activities
Read instructions.
Gather relevant information.
Perform initial performance test and repeat performance tests if necessary.
Write the notifications and reports listed above.
Enter information required to be recorded above.
Submit the required reports developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.
Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.
Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.
Adjust the existing ways to comply with any previously applicable instructions and requirements.
Train personnel to be able to respond to a collection of information.
Transmit, or otherwise disclose the information.

5.	The Information Collected - Agency Activities, Collection Methodology, and Information Management
(a)	Agency Activities.
	The Agency activities associated with subpart OOOOa are provided in Tables 2a-2d (located at the end of this supporting statement) and are introduced in section 6(c).
(b)	Collection Methodology and Management.
	Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs of the delegated permitting authority.  Information contained in the reports will be required to submit records electronically to the EPA's Central DATA Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI).  CDX enables fast, efficient and more accurate environmental data submissions from state and local governments, industry and tribes to the EPA and participating program offices.  The EPA's CDX is the point of entry on the Environmental Information Exchange Network (Exchange Network) for environmental data submissions to the Agency.  CDX works with both EPA program offices looking for a way to better manage incoming data, and stakeholders looking for a way to reduce burden from reporting requirements.
(c)	Small Entity Flexibility.
      The EPA performed a screening analysis for impacts on a sample of expected affected small entities by comparing compliance costs to entity revenues.  The impact on small entities (i.e., small businesses) was taken into consideration during the development of the regulation.  The EPA nonetheless has tried to reduce the impact of this rule on small entities by the selection of highly cost-effective controls and specifying monitoring requirements that are the minimum to insure compliance.
(d)	Collection Schedule.
	The specific frequency for each information collection activity within this request is shown in Tables 1a-1d.
6.	Estimating the Burden and Cost of the Collection
(a)	Estimating Respondent Burden.
      This ICR uses the following labor rates: $34.18 per hour for technical labor, $53.91 per hour for management labor, and $23.90 for clerical labor. The rates have already been increased by 110 percent to account for the benefit packages available to those employed by private industry. These rates are from the Employer Costs for Employee Compensation Historical Listing March 2004  -  December 2010 published by the Bureau of Labor and Statistics updated to 2012 (a 2 percent increase from 2008) in accordance with BLS current employment statistics (Source: ftp://ftp.bls.gov/pub/special.requests/ocwc/ect/ececqrtn.pdf,  update http://www.bls.gov/ces/). Costs have been estimated in 2012 dollars for this ICR to be consistent with other costs (i.e. cost of control) estimated in the development of subpart OOOOa.
	The annual burden estimates for the subpart OOOOa are shown in Tables 1a-1d.  These numbers were derived from estimates of new sources that would be required to meet the standards based on the EPA's development of impacts for this rulemaking.  Note that Tables 1a, 1b and 1c include the comprehensive technical, managerial, and clerical hours and associated costs for reporting and recordkeeping required by subpart OOOOa.  However, the reporting and recordkeeping costs for the fugitive emission standards for components at well sites and compressor stations were also included in the total program costs estimated in the Technical Support Document (TSD) for the final standards. In order to avoid double-counting of these impacts, the hours and costs associated with this fugitive program in Tables 1a, 1b and 1c were not included in the totals reported in Table 1d.
(b)	Estimating Respondent Costs.
	The information collection activities for subpart OOOOa are presented in Tables 1a-1d.  Because the data are already collected by respondents as part of normal operations, no respondent development costs are associated with the information collection activities.
      (i)	Estimating Labor Costs.
	(ii)	Estimating Capital and Operations and Maintenance (O&M) Costs.  We do not estimate there will be additional capital and O&M monitoring costs for the newly affected facilities.
(c)	Estimating Agency Burden and Cost.
	Because reporting and recordkeeping requirements on the part of the respondents are required under the operating permits rules in 40 CFR part 70 or part 71 and the part 60 NSPS General Provisions, no operational costs will be incurred by the Federal Government. Publication and distribution of the information are part of the Compliance Data System, with the result that no Federal costs can be directly attributed to the ICR. Examination of records to be maintained by the respondents will occur incidentally as part of the periodic inspection of facilities that is part of the EPA's overall compliance and enforcement program, and, therefore, is not attributable to the ICR. The only costs that the Federal government will incur are user costs associated with the analysis of the reported information, as presented in Tables 2a-2d.
This cost is based on the average hourly labor rate as follows:
		Managerial	$62.27 (GS-13, Step 5, $38.92 + 60%)
		Technical	$46.21 (GS-12, Step 1, $28.88 + 60%)
		Clerical	$25.01 (GS-6, Step 3, $15.63 + 60%)
      These rates are from the Office of Personnel Management (OPM), 2012 General Schedule rates of pay, which excludes locality. The rates have been increased by 60 percent to account for the benefit packages available to government employees. Costs have been estimated in 2012 dollars for this ICR to be consistent with other costs (i.e., cost of control) estimated in the development of subpart OOOOa.
(d)	Estimating the Respondent Universe and Total Burden and Costs.
      It was estimated that an average of 2,554 operators per year will be subject to subpart OOOOa during the 3-year period of this ICR. This value encompasses the number of companies that we expect will submit reports separately as its own entity.
      For subpart OOOOa, the components of the total annual responses attributable to this ICR are notification of construction, reconstruction and modification for an average of 8 processing plants and sweetening units per year, notification (by 2,328 companies) of well completions for an average of 8,646 gas wells and 18,998 oil wells per year, and an average of 2,540 annual reports and 14 semiannual reports from all entities. (Processing facilities report semiannually, all others annually.)
      The average number of respondents for subpart OOOOa is estimated to be 2,554 respondents over the three year period.

                                     Year
                         Annual Number of Respondents
                                       1
                                     2,441
                                       2
                                     2,554
                                       3
                                     2,667
                                    Average
                                     2,554

      The average number of annual responses per year is calculated using the following table.

                            Total Annual Responses
                                      (A)

                        Information Collection Activity
                                      (B)

                          Number of Respondents[1]
                                      (C)

                              Number of Responses
                                      (D)
  Number of Existing Respondents That Keep Records But Do Not Submit Reports
                                      (E)
                           Total Annual  Responses
                                   E=(BxC)+D
Notification of construction/ reconstruction/modification
                                      16
                                       1
                                      N/A
                                      16
Notification of well completions/recompletions
                                     2,328
                                       1
                                      N/A
                                     2,328
Annual Compliance Reports
                                     2,540
                                       1
                                      N/A
                                     2,540
Semiannual Compliance Reports
                                      14
                                       2
                                      N/A
                                      28

                                     Total
                                     4,912
1 We assume each facility will make [t][he appropriate notifications and t][h][at each owner will sub]mit the annual or semiannual report for all affected [f][acilities] in each year.
(e)	Bottom Line Burden Hours and Cost Tables.
      (i)	Respondent tally. The bottom line respondent burden hours and costs are presented in Table 1d. The average annual burden for the recordkeeping and reporting requirements in subpart OOOOa for the 2,554 owners and operators that are subject to the rule is 98,438 labor hours, with an annual average cost of $3,361,074. Note that these values do not reflect the sum of the values provided in Tables 1a, 1b and 1c. Tables 1a, 1b and 1c include the comprehensive technical, managerial, and clerical hours and associated costs for reporting and recordkeeping required by subpart OOOOa. However, the reporting and recordkeeping costs for the fugitive emission standards for components at well sites and compressor stations were also included in the total program costs estimated in the TSD for the final standards. In order to avoid double-counting of these impacts, the hours and costs associated with this fugitive program in Tables 1a, 1b and 1c were not included in the totals reported in Table 1d and above.
	(ii)	The Agency tally. The average annual Federal Government cost is $532,527 for 11,817 labor hours for subpart OOOOa. The bottom line Agency burden hours and costs, presented in Table 2d, are calculated from Tables 2a-2c by adding person-hours per year down each column for technical, managerial, and clerical staff, and by adding down the cost column.
	(iii)	Variations in the annual bottom line.  This section does not apply since no significant variation is anticipated.
(f)	Reasons for Change in Burden.
	This section does not apply because this is a new ICR.
(g)	Burden Statement
	The annual public reporting and recordkeeping burden for this collection of information is estimated to average 20 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
	An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA regulations are listed at 40 CFR part 9 and 48 CFR chapter 15.
	To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2010-0505. An electronic version of the public docket is available at http://www.regulations.gov/ which may be used to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the docket ID number identified in this document. The documents are also available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center is<PHONE_NUMBER>. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2010-0505 in any correspondence.
PART B
	This section is not applicable because statistical methods are not used in data collection associated with the final rule.

Table 1d.  Three-Year Average Respondent Burden of Reporting and Recordkeeping Requirements
Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification,
or Reconstruction Commenced after September 18, 2015 (40 CFR part 60, subpart OOOOa)

                                     Year
                               Total Respondents
                                Technical Hours
                                Clerical Hours
                               Management Hours
                               Total Labor Hours
                                  Labor Cost
                                       1
                                     2,441
                                    59,000
                                     2,950
                                     5,900
                                    67,850
                                  $2,316,665
                                       2
                                     2,554
                                    90,534
                                     4,527
                                     9,053
                                    104,114
                                  $3,554,863
                                       3
                                     2,667
                                    107,262
                                     5,363
                                    10,726
                                    123,351
                                  $4,211,696
                                    Total
                                     7,662
                                    256,796
                                    12,840
                                    25,680
                                    295,315
                                  $10,083,223
                                    Average
                                     2,554
                                    85,599
                                     4,280
                                     8,560
                                    98,438
                                  $3,361,074
[a] Note that the numbers in this table do not reflect the sum of the values provided in Tables 1a, 1b and 1c.  Tables 1a, 1b and 1c include the comprehensive technical, managerial, and clerical hours and associated costs for reporting and recordkeeping required by subpart OOOOa. However, the reporting and recordkeeping costs for the fugitive emission standards for components at well sites and compressor stations were also included in the total program costs estimated in the Technical Support Document (TSD) for the final standards. In order to avoid double-counting of these impacts, the hours and costs associated with this fugitive program in Tables 1a, 1b and 1c were not included in the totals reported in Table 1d and elsewhere throughout this document.