[Federal Register: December 20, 2010 (Volume 75, Number 243)]
[Proposed Rules]
[Page 79320]
[DOCID:fr20de10-19]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 240 and 249

[Release No. 34-63347; File No. S7-35-10]
RIN 3235-AK79

Security-Based Swap Data Repository Registration, Duties, and
Core Principles

Correction

    In proposed rule document 2010-29719 beginning on page 77306 in the
issue of December 10, 2010, make the following corrections:
    1. On page 77320, in the third column, footnote 74, in the fourth
line, ``recordkeeping'' should read ``record keeping''.
    2. On page 77321, in the second column, below the heading Request
for Comment, in the fifth bulleted paragraph, in the tenth line,
``requiring'' should read ``require''.
    3. On page 77324, in the third column, footnote 90, in the fifth
line, ``recordkeeping'' should read ``record keeping''.
    4. On page 77338, the last line of text in the third column, prior
to footnote 164 on the page, should read ``information maintained by
the SDR,\165\''.
    5. On the same page, in the same column, after footnote 164, add
footnote 165 to read as follows:

    \165\ See Public Law 111-203 (adding Exchange Act Section
12(n)(5)(D)(i)).

    6. On page 77347, in the second column, in the tenth line from the
bottom of the page, ``conflict'' should read ``conflicts''.
    7. On page 77356, in the third column, in thirty-first line,
``systematically'' should read ``systemically''.
    8. On the same page, in the same line of the same column,
``Therefor'' should read ``Therefore''.

Sec.  249.1500  [Corrected]

    9. On page 77375, in Sec.  249.1500, before the first line in the
first column, insert the following text:

EXHIBITS--BUSINESS ORGANIZATION

    13. List as Exhibit A any person as defined in Section 3(a)(9)
of the

    10. On the same page, in the second column, in the fifth, eleventh,
and fifteenth lines from the bottom of the page, ``l5'' should read
``15''.

[FR Doc. C1-2010-29719 Filed 12-17-10; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register: August 29, 2008 (Volume 73, Number 169)]
[Notices]
[Page 51027]
[DOCID:fr29au08-139]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 17Ad-17; OMB Control No. 3235-0469; SEC File No. 270-412.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
     Rule 17Ad-17 Transfer Agents' Obligation to Search for
Lost Securityholders.
    Rule 17Ad-17 (17 CFR 240.17Ad-17) requires approximately 608
registered transfer agents to conduct searches using third party
database vendors to attempt to locate lost securityholders. The staff
estimates that the average number of hours necessary for each transfer
agent to comply with Rule 17Ad-17 is five hours annually. The total
burden is approximately 3,040 hours annually for all transfer
agents.\1\ The cost of compliance for each individual transfer agent
depends on the number of lost accounts for which it is responsible.
Based on information received from transfer agents, we estimate that
the annual cost industry wide is approximately $3.3 million.
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    \1\ The 60-day notice for this Paperwork Reduction Act extension
referred to a burden of 2,432 hours. See 73 FR 32750 (Jun. 10,
2008). This burden was incorrect. The correct burden is 3,040 hours.
---------------------------------------------------------------------------

    The retention period for the recordkeeping requirement under Rule
17Ad-17 is three years. The recordkeeping requirement under Rule 17Ad-
17 is mandatory to assist the Commission and other regulatory agencies
with monitoring transfer agents and ensuring compliance with the rule.
This rule does not involve the collection of confidential information.
Please note that an agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless it
displays a currently valid control number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Alexander_
<EMAIL_ADDRESS>and (ii) Lewis W. Walker, Acting Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 30
days of this notice.

    Dated: August 25, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-20065 Filed 8-28-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78476-78479]
[DOCID:fr29de06-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54983; File No. SR-Amex-2006-87]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change and Amendment Nos. 1 and 2 Thereto Relating to Criteria for
Securities That Underline Options Traded on the Exchange

December 20, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 13, 2006, the American Stock Exchange LLC (``Amex''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange filed Amendment No. 1 to the proposed rule change on
November 22, 2006.\3\ The Exchange filed Amendment No. 2 to the
proposed rule change on December 14, 2006.\4\ This order provides
notice of the proposed rule change as modified by Amendment Nos. 1 and
2 and approved the proposed rule change as amended on an accelerated
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the proposed rule
change as originally filed in its entirety.
    \4\ In Amendment No. 2, which supplemented the filing as amended
by Amendment No. 1, the Exchange corrected typographical errors and
made non-substantive, technical changes to the proposed rule text
contained in Exhibits 4 and 5 of Amendment No. 1 to the proposed
rule change, and also made a minor clarifying change to Section I of
the 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 amend Amex Rules 3, 915, 916, and 957 to
enable the listing and trading on the Exchange of options on Exchange-
Traded Fund Shares that hold a specified non-U.S. currency or
currencies. The text of the proposed rule change is available at the
Amex, the Commission's Public Reference Room, and on the Amex's Web
site at http://www.amex.com.

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 those statements may be examined at the places specified in
Item III below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend Amex Rules 3,
915, 916, and 957 to enable the listing and trading on the Exchange of
options on Exchange-Traded Fund Shares that hold a specified non-U.S.
currency or currencies. Amex Rule 915, Commentary .06, currently
provides that securities deemed appropriate for options trading shall
include shares or other securities (``Exchange-Traded Fund Shares'' or
``ETFs'') that are principally traded on a national securities exchange
or through the facilities of a registered national securities
association, and are defined as an NMS Stock. Commentary .06 further
states that these shares or securities must also represent an interest
in a registered investment company organized as an open-end management
investment company, a unit investment trust or a similar entity which
holds securities constituting or otherwise based on or representing an
investment in an index or portfolio of securities. The Exchange
proposes to amend Commentary .06 to Rule 915 to expand the type of
options to include options on ETFs that represent an interest in a
trust or other similar entity that holds specified non-U.S. currency or
currencies deposited with the trust or similar entity. The Exchange is
also proposing to require that for Funds that hold a specified non-U.S.
currency or currencies deposited with the trust, the Exchange will have
entered into a comprehensive surveillance sharing agreement with the
marketplace or marketplaces with last sale reporting that represent(s)
the highest volume in derivatives (options or futures) on the specified
non-U.S. currency or currencies, which are utilized by the national
securities exchange where the underlying Funds are listed and
traded.\5\
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    \5\ See proposed Amex Rule 915, Commentary .06(b)(iv).
---------------------------------------------------------------------------

    The proposed amendment to Amex Rule 915 would permit the Exchange
to list options on, for example, the Euro Currency Trust
(``Trust'').\6\ The Trust issues Euro Shares (``Shares'') that
represent units of fractional undivided beneficial interest in, and
ownership of, the Trust. PADCO Advisors II, Inc., d/b/a Rydex
Investments, is the sponsor of the Trust (``Sponsor'') \7\ and may be
deemed the ``issuer'' of the Shares pursuant to Section 2(a)(4) of the
Securities Act of 1933, as amended. The Bank of New York is the trustee
of the Trust (``Trustee''), JPMorgan Chase Bank, N.A., London Branch,
is the depository for the Trust, and Rydex Distributors, Inc. is the
distributor for the Trust. The Trust intends to issue additional Shares
on a continuous basis through the Trustee.
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    \6\ See Securities Exchange Act Release No. 53059 (January 5,
2006), 71 FR 2072 (January 12, 2006) (SR-Amex-2005-128).
    \7\ The Sponsor maintains a public Web site on behalf of the
Trust, http://www.currencyshares.com, which contains information

about the Trust and the Shares.
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    As stated in the Trust's registration statement, the investment
objective of the Trust is for the Shares to reflect the price of the
euro.\8\ The Shares may be purchased from the Trust only in one or more
blocks of 50,000 Shares, as described in the prospectus under
``Creation and Redemption of Shares.'' A block of 50,000 shares is
called a Basket. The Trust issues Shares in Baskets on a continuous
basis to certain authorized participants (``Authorized Participants'').
Each Basket, when created, is offered and sold to an Authorized
Participant at a price in euro equal to the net asset value (``NAV'')
for 50,000 Shares on the day that the order to create the Basket is
accepted by the Trustee. On December 12, 2005, the Shares were sold to
the public by Authorized Participants at varying prices in dollars by
reference to, among other things, the market price of euro and the
trading price of the Shares on the New York Stock Exchange LLC
(``NYSE'') at the time of each sale. The Shares trade on the NYSE under
the symbol ``FXE.'' The Shares may also trade in other markets.
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    \8\ See Registration No. 333-125581. The Exchange notes that the
Trust is not a registered investment company under the Investment
Company Act of 1940 (the ``1940 Act'') and is not required to
register under the 1940 Act.
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    The Exchange believes that permitting options on foreign currency-
based Exchange-Traded Fund Shares to trade on the Exchange is
consistent with the

Commission's approval order of a rule change filed by the NYSE to list
and trade shares of the Trust.\9\ This proposed rule change to the
Exchange's listing criteria for Exchange-Traded Fund Shares is intended
to provide appropriate listing standards for options on shares of these
and similar types of foreign currency-based Exchange-Traded Fund Shares
that may be listed in the future.
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    \9\ See Securities Exchange Act Release No. 52843 (November 28,
2005), 70 FR 72486 (December 5, 2005) (SR-NYSE-2005-65).
---------------------------------------------------------------------------

    For options trading, Exchange-Traded Fund Shares will continue to
need to satisfy the listing standards in Commentary .06 to Amex Rule
915. Specifically, the Exchange-Traded Fund Shares must be traded on a
national securities exchange or through the facilities of a registered
national securities association and must be an ``NMS Stock'' as defined
under Rule 600 of Regulation NMS.\10\ The Exchange-Traded Fund Shares
must also either: (1) Meet the criteria and guidelines under Amex Rule
915 (Criteria for Underlying Securities); or (2) be available for
creation or redemption each business day in cash or in-kind from the
investment company, issuing trust, or other entity at a price related
to the net asset value, and the investment company, issuing trust, or
other entity shall provide that Exchange-Traded Fund Shares may be
created even though some or all of the securities required to be
deposited have not been received by the unit investment trust or the
management investment company, provided the authorized creation
participant has undertaken to deliver the shares as soon as possible
and such undertaking has been secured by the delivery and maintenance
of collateral consisting of cash or cash equivalents satisfactory to
the fund which underlies the option as described in the fund or unit
trust prospectus.
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    \10\ In light of the implementation of certain aspects of
Regulation NMS, the Exchange hereby seeks to amend Commentary .06 to
Amex Rule 915 to reflect that Exchange-Traded Fund Shares must be
NMS Stocks as defined under Rule 600 of Regulation NMS instead of
``national market'' securities.
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    Under the applicable continued listing criteria in Commentary .07
to Amex Rule 916, the Exchange-Traded Fund Shares may be subject to
delisting as follows: (1) Following the initial twelve-month period
beginning upon the commencement of trading of the Exchange-Traded Fund
Shares, there are fewer than 50 record and/or beneficial holders of the
Exchange-Traded Fund Shares for 30 or more consecutive trading days;
(2) the value of the euro is no longer calculated or available; \11\ or
(3) such other event occurs or condition exists that in the opinion of
the Exchange makes further dealing on the Exchange inadvisable.
Additionally, the Exchange-Traded Fund Shares shall not be deemed to
meet the requirements for continued approval, and the Exchange shall
not open for trading any additional series of option contracts of the
class covering such Exchange-Traded Fund Shares, if trading in the
shares is halted or suspended on their primary market, or if the
Exchange-Traded Fund Shares are delisted in accordance with the terms
of Amex Rule 916.
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    \11\ The Exchange states that euro pricing information based on
the euro spot price is available to investors on a 24-hour basis
from numerous financial information service providers, and there are
a variety of other public Web sites proving information on foreign
currency and euro, including Bloomberg, CBS MarketWatch, and Yahoo!
Finance.
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    The Exchange represents that the expansion of the types of
investments that may be held by an Exchange-Traded Fund Share under
Amex rules will not have any effect on the rules pertaining to position
and exercise limits \12\ or margin.\13\
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    \12\ See Amex Rules 904 and 905.
    \13\ See Amex Rule 462.
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    The Exchange is proposing to amend Amex Rule 957 to ensure that
Specialists and Registered Traders handling Exchange-Traded Fund Shares
provide the Exchange with all necessary information relating to their
trading in the applicable non-U.S. currency, non-U.S. currency options,
futures or options on futures on such currency, or any other
derivatives based on such currency. In addition, the revision to Amex
Rule 957 will prohibit a specialist or registered trader from engaging
in trading in non-U.S. currency, non-U.S. currency options, futures,
options on futures or non-U.S. currency and other derivatives based on
such currency from trading in an account which has not been reported to
the Exchange.
    Finally, the Exchange is proposing to amend Amex Rule 3 to require
members and member organizations to establish, maintain, and enforce
written policies and procedures to prevent the misuse of material
nonpublic information in connection with trading in securities issued
by, among others, currency trust shares or similar entities, or in any
related securities or related options or other derivative securities,
or in any related non-U.S. currency, non-U.S. currency options, futures
or options on futures on such currency, or any other derivatives based
on such currency while in possession of material nonpublic information
concerning that currency trust share or similar entity. The Exchange
further proposes to require such procedures to prevent the trading of
any of the foregoing securities while in possession of knowledge
concerning imminent transactions of the same securities. Finally, the
Exchange proposes to require procedures to prevent the disclosure of
material nonpublic information involving the foregoing to another
person.
    The Exchange represents that it has an adequate surveillance
program in place for options on Exchange-Traded Fund Shares based on
the value of a non-U.S. currency or currencies. In addition, the
Exchange may obtain trading information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members or
affiliates of the ISG. Specifically, the Amex can obtain such
information from the Philadelphia Stock Exchange (``Phlx'') in
connection with euro options trading on the Phlx and from the Chicago
Mercantile Exchange (``CME'') and the London International Financial
Futures Exchange (``LIFFE'') in connection with euro futures trading on
those exchanges.\14\
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    \14\ The Amex and PHLX are members of the ISG. CME and LIFFE are
affiliate members of the ISG.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \15\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\16\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

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

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing,

including whether the proposed rule change, as amended, is consistent
with the Act. Comments may be submitted by any of the following
methods:

Electronic Comments

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

File Number SR-Amex-2006-87 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-Amex-2006-87. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site at http://www.sec.gov/rules/sro.shtml.
 Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of 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 No. SR-Amex-2006-87 and should be submitted on or before January
19, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    Amex has asked the Commission to approve its proposal on an
accelerated basis to accommodate its timetable for listing options on
Exchange-Traded Fund Shares, as described above. After careful
consideration, the Commission finds that the proposed rule change is
consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission finds that the proposed
rule change is consistent with the requirements of Section 6(b)(5) of
the Act, which requires, among other things, that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, 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.\18\ Further, the Commission finds that the Exchange's
proposal is substantially similar to one it recently approved for the
International Securities Exchange LLC (``ISE'').\19\
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    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ See Securities Exchange Act Release No. 54087 (June 30,
2006), 71 FR 38918 (July 10, 2006) (SR-ISE-2005-60). The Amex stated
that it based its proposed rule change on the ISE filing.
---------------------------------------------------------------------------

    Currently, Amex's rules permit it to list options on Exchange-
Traded Fund Shares that represent an interest in a registered
investment company organized as an open-end management investment
company, a unit investment trust or a similar entity which holds
securities constituting or otherwise based on or representing an
investment in an index or portfolio of securities.\20\ The Exchange's
proposal would allow it to list and trade options on Exchange-Traded
Fund Shares whose investment assets consist of a specified non-U.S.
currency or currencies deposited with a trust or similar entity. For
example, the proposed rule change would allow the Exchange to list
options on the Euro Currency Trust.
---------------------------------------------------------------------------

    \20\ See Amex Rule 915, Commentary .06.
---------------------------------------------------------------------------

    The underlying Exchange-Traded Fund Shares would continue to need
to satisfy the listing standards in Amex Rule 915. To accommodate the
listing and trading of options on Exchange-Traded Fund Shares investing
primarily in non-U.S. currency, the Exchange proposes to amend Amex
Rule 3 to require a member or member organization to establish,
maintain, and enforce written policies and procedures designed to
prevent the misuse of any material nonpublic information it might have
or receive in a related security, option, or derivative security or in
the applicable non-U.S. currency, non-U.S. currency options, futures or
options on futures on such currency, or any other derivatives based on
such currency. In addition, the Exchange proposes to amend Amex Rule
957 to require that Specialists and Registered Traders handling
Exchange-Traded Fund Shares provide the Exchange with all necessary
information relating to their trading in the applicable non-U.S.
currency, non-U.S. currency options, futures or options on futures on
such currency, or any other derivatives based on such currency. Each
Specialist and Registered Trader also would be obligated to conduct all
trading in the Exchange-Traded Fund Shares in account(s) which have
been reported to the Exchange. The Commission believes that these
requirements are designed to minimize the potential for manipulating
the underlying currency held by the Exchange-Traded Fund Shares.
    As proposed, the Exchange-Traded Fund Shares must be traded on a
national securities exchange or through the facilities of a registered
national securities association and must be an ``NMS stock'' as defined
under Rule 600 of Regulation NMS.\21\ The Exchange-Traded Fund Shares
must also either: (1) Meet the criteria and guidelines under Amex Rule
915, Commentary .01; or (2) be available for creation or redemption
each business day from and through the investment company, issuing
trust, or other entity in cash or in-kind at a price related to net
asset value, and the investment company, issuing trust, or other entity
shall provide that shares may be created even though some or all of the
investments required to be deposited have not been received by the unit
investment trust or the management investment company, provided that
the person obligated to deposit the investments has undertaken to
deliver the investment assets as soon as possible and such undertaking
has been secured by the delivery and maintenance of collateral
consisting of cash or cash equivalents satisfactory to the fund which
underlies the option, as described in the fund or unit trust
prospectus. Furthermore, the Commission notes that the Exchange has
represented that the expansion of the types of investments that may be
held by Exchange-Traded Fund Shares under Amex rules will not have any
effect on the rules pertaining to position and exercise limits or
margin.
---------------------------------------------------------------------------

    \21\ 17 CFR 242.600(b)(47).
---------------------------------------------------------------------------

    Finally, under the proposed change to Amex Rule 916, Commentary
.07, Exchange-Traded Fund Shares would not be deemed to meet the
requirements for continued approval, and the Exchange would not open
for trading any additional series of option contracts of the class
covering such Exchange-Traded Fund Shares, if the Exchange-Traded Fund
Shares are delisted in

accordance with Commentary .01(5) of Amex Rule 916 or trading in the
shares are halted or suspended in their primary market. Additionally,
as proposed, the Exchange will consider the suspension of opening
transactions in any series of options covering Exchange-Traded Fund
Shares if the value of the non-U.S. currency on which the Exchange-
Traded Fund Shares are based is no longer calculated or available. The
Commission believes that the proposed change to Amex Rule 916 with
respect to withdrawal of approval is consistent with the protection of
investors and the public interest.
    The Commission notes that the Exchange has represented that it has
an adequate surveillance program in place for options on Exchange-
Traded Fund Shares, including those funds that are based on the value
of a non-U.S. currency. In addition, the Exchange has represented that
it is able to obtain currency-related trading information via the ISG
from other exchanges who are members or affiliates of the ISG, as
discussed above, in connection with options and futures trading on
those exchanges.
    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the thirtieth day after the date of
publication of the notice of filing thereof in the Federal Register.
The Exchange has requested accelerated approval because this proposed
rule change is based on, and is substantially similar to, a proposal by
the ISE that the Commission recently approved.\22\ Accordingly, this
proposal raises no new or novel regulatory issues that have not been
previously considered by the Commission. In addition, the Commission
notes that it did not receive any comments on the ISE's proposal. The
Commission believes that expanding Amex Rule 915 to encompass options
on Exchange-Traded Fund Shares that represent interests in a trust that
holds non-U.S. currency deposited with the trust will provide investors
with an additional investment choice and that accelerated approval of
the proposal will allow investors to begin trading these products
promptly. Additionally, the proposal contains measures that are
designed to minimize the potential for manipulation of the underlying
currency held by the Exchange-Traded Fund Shares. Therefore, the
Commission finds good cause, consistent with Section 19(b)(2) of the
Act,\23\ to approve the amended proposal on an accelerated basis.
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    \22\ See Securities Exchange Act Release No. 54087 (June 30,
2006), 71 FR 38918 (July 10, 2006) (SR-ISE-2005-60).
    \23\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\24\ that the proposed rule change (SR-Amex-2006-87), as modified
by Amendment Nos. 1 and 2, be, and it hereby is, approved on an
accelerated basis.
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    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-22400 Filed 12-28-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: November 13, 2007 (Volume 72, Number 218)]
[Rules and Regulations]
[Page 63805]
[DOCID:fr13no07-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0073; Directorate Identifier 2007-NM-229-AD;
Amendment 39-15240; AD 2007-22-04]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting a typographical error in an existing
airworthiness directive (AD) that was published in the Federal Register
on October 24, 2007 (72 FR 60238). The error resulted in an inadvertent
omission of the deadline for submitting comments. This AD applies to
all Airbus Model A330 airplanes. This AD requires revising the
Procedures and Emergency sections of the Airbus A330 Airplane Flight
Manual.

DATES: This correction is effective November 13, 2007. The AD published
at 72 FR 60238 remains effective November 8, 2007. Comments on the AD
at 72 FR 60238 must be received by December 17, 2007.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2797; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On October 12, 2007, the FAA issued AD 2007-
22-04, amendment 39-15240 (72 FR 60238, October 24, 2007), for all
Airbus Model A330 airplanes. The AD requires revising the Procedures
and Emergency sections of the Airbus A330 Airplane Flight Manual.
    As published, that AD did not include the sentence that contains
the deadline for submitting comments.
    No part of the regulatory information has been changed; therefore,
the final rule is not republished in the Federal Register.
    The effective date of this AD remains November 8, 2007.
    In the Federal Register of October 24, 2007, on page 60238, in the
second column, the DATES section of AD 2007-22-04 is corrected to read
as follows:
    ``DATES: This AD becomes effective November 8, 2007.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 8,
2007.
    We must receive comments on this AD by December 17, 2007.''

    Issued in Renton, Washington, on November 2, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-21996 Filed 11-9-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41314-41315]
[FR Doc No: 2023-13355]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-0913; Airspace Docket No. 23-AGL-9]
RIN 2120-AA66

Amendment of Class E Airspace; Hastings, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the Class E airspace at Hastings, MI. This
action is the result of an airspace review caused by the
decommissioning of the Grand Rapids very high frequency omnidirectional
range (VOR) as part of the VOR Minimum Operating Network (MON) Program.
The name and geographic coordinates of the airport are also being
updated to coincide with the FAA's aeronautical database.

DATES: Effective 0901 UTC, October 5, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: A copy of the Notice of Proposed Rulemaking (NPRM), all
comments received, this final rule, and all background material may be
viewed online at www.regulations.gov using the FAA Docket number.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends the Class E airspace extending upward from 700 feet above
the surface at Hastings Airport, Hastings, MI, to support instrument
flight rule operations at this airport.

History

    The FAA published an NPRM for Docket No. FAA-2023-0913 in the
Federal Register (88 FR 24496; April 21, 2023) proposing to amend the
Class E airspace at Hastings, MI. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.

Incorporation by Reference

    Class E airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points, which
is incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. These amendments will be published in the
next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This amendment to 14 CFR part 71 modifies the Class E airspace
extending upward from 700 feet above the surface to within an 8.2-mile
(increased from an 6.4-mile) radius of Hastings Airport, Hastings, MI;
removes the Grand Rapids VOR/DME and the associated extension from the
airspace legal description; removes the exclusion area as it is not
required; adds an extension within 2 miles each side of the 123[deg]
bearing from the airport extending from the 8.2-mile radius to 11.3
miles southeast of the airport; adds an extension within 2 miles each
side of the 303[deg] bearing from the airport extending from the 8.2-
mile radius to 9.9 miles northwest of the airport; and updates the name
(previously Hastings Municipal Airport) and geographic coordinates of
the airport to coincide with the FAA's aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated

impact is so minimal. Since this is a routine matter that only affects
air traffic procedures and air navigation, it is certified that this
rule, when promulgated, does not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Hastings, MI [Amended]

Hastings Airport, MI
    (Lat 42[deg]39'48'' N, long 85[deg]20'45'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.2-mile radius of Hastings Airport; and within 2 miles
each side of the 123[deg] bearing from the airport extending from
the 8.2-mile radius of the airport to 11.3 miles southeast of the
airport; and within 2 miles each side of the 303[deg] bearing of the
airport extending from the 8.2-mile radius of the airport to 9.9
miles northwest of the airport.
* * * * *

    Issued in Fort Worth, Texas, on June 20, 2023.
Steven T. Phillips,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-13355 Filed 6-23-23; 8:45 am]
BILLING CODE 4910-13-P


216(4542): 136-44.

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From:
"Jones, DonnaLee"<EMAIL_ADDRESS>Sent:
Tue, 11 Apr 2023 15:22:42
To:
Brenna M Harden<EMAIL_ADDRESS>"McGinn; Kevin (he/him/his)"<EMAIL_ADDRESS>"Shappley; Ned"<EMAIL_ADDRESS>Subject:
RE:  ICR Enclosure 2 Fugitive Monitoring FINAL- DTE Vantage EES Coke
--------------------------------------------------------------------------------
Brenna - Please get the report to us as soon as you can, but no later than 6/2/23. If you have a summary table(s) you can send us before the report is done, that would be very very helpful.

Im copying the ICR email. Please include this email on all emails.

Best of luck in your new ventures (and no more carbon copies!)

Regards,
--------------------------------------------------------------------------------
Donna Lee Jones, Ph.D.
--------------------------------------------------------------------------------
Senior Technical Advisor, Metals Sector
--------------------------------------------------------------------------------
U. S. Environmental Protection Agency
--------------------------------------------------------------------------------
Office of Air Quality Planning and Standards
--------------------------------------------------------------------------------
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
--------------------------------------------------------------------------------
Research Triangle Park, NC  27711
--------------------------------------------------------------------------------
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax:<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: Brenna M Harden<EMAIL_ADDRESS>Sent: Tuesday, April 11, 2023 2:50 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Cc: Rob Sanch<EMAIL_ADDRESS>David W Fanning Jr<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Tim Rodak<EMAIL_ADDRESS>Subject: RE: ICR Enclosure 2 Fugitive Monitoring FINAL- DTE Vantage EES Coke

Dr Jones, after checking in with the consultant and lab, we find that meeting the ICR deadline of April 24 for the final report is not reasonable. The final monitoring is expected to be completed April 21, 2023. Laboratory results continue to be delayed. Although we are aware that EPA would love the data sooner, ending two sets of reports were rushed and many changes happened between the two submittals (where proper QA/QC was allowed.) Is it possible to have the final report complete to you by June 2, 2023? This would provide time for receiving results from labs and proper QA/QC for the report.

Additionally, my final day with DTE Vantage - EES Coke Battery is on Friday, April 14. Please direct communications with Rob Sanch (carbon copied on this email) for future communications.

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com

From: Brenna M Harden
Sent: Tuesday, January 17, 2023 3:35 PM
To: 'Jones, DonnaLee'<EMAIL_ADDRESS>Cc: Rob Sanch<EMAIL_ADDRESS>David W Fanning Jr<EMAIL_ADDRESS>Laura J Harris<EMAIL_ADDRESS>Tim Rodak<EMAIL_ADDRESS>Subject: ICR Enclosure 2 Fugitive Monitoring - DTE Vantage EES Coke

Dr. Jones, I hope the new year finds you well. EES Coke has been diligently completing fugitive monitoring at the Island. As we prepare for the upcoming deadline, laboratory results have been taking longer than standard turn around times. I am sure some of it may have to do with the holidays but I believe that the majority of the delay revolves around labor shortage and delays in laboratory reports that the industry is observing since COVID. According to my notes the ICR would require the first three months of monitoring results for Fugitive Monitoring to be submitted by January 24, 2023. As of today, we have only received results from October 12, 2022 up to November 22, 2023 for Method BTEX (Method 324A/B) (three data sets). Additionally we have only received one data set for TO-13A (PAHs) and TO-15 (VOCs) from October 2022. Typically DTE likes to have a minimum of two weeks to review / correct any agency submission for good QA/QC protocols. After discussion with the subcontractor, we may receive one more set of data prior to January 24, 2023.

EES would love to meet the January 24, 2023 deadline but any report submitted by then would cover sampling results much less than the requested three months.  As EES is quite sure that EPA is eager to receive results, we can submit what we have for the January 24, 2023 deadline but it will be short several values. Subsequently, EES could send an amended 3-month report by February 10th based on current anticipated delivery of data, review and report generation.

Dr. Jones, would EPA be OK with this approach (preliminary report on January 24 deadline with an amended report by February 10) or would you prefer all data at one report for the monitoring period on February 10th?

Regards,
Brenna Harden
DTE Vantage | EES Coke Battery, L.L.C., Senior Environmental Engineer
PO Box 18309, River Rouge, MI 48218
o<PHONE_NUMBER> | m<PHONE_NUMBER>
dtevantage.com


[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Notices]
[Page 11451]
[FR Doc No: 2017-03482]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2013-0565; FRL-9959-48-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Confidentiality Rules (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Confidentiality Rules
(Renewal)'' (EPA ICR No. 1665.13, OMB Control No. 2020-0003) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed extension of the ICR, which is currently approved
through February 28, 2017. Public comments were previously requested
via the Federal Register (81 FR 62883) on September 13, 2016, during a
60-day comment period. This notice allows for an additional 30 days for
public comments. A fuller description of the ICR is given below,
including its estimated burden and cost to the public. An Agency may
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before March 27,
2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OEI-2013-0565 to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Larry Gottesman, Agency FOIA Officer,
FOIA, Libraries and Accessibility Division, Office of Environmental
Information, 2822T, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The U.S. Environmental Protection Agency (EPA)
established the requirements set forth in 40 CFR, Part 2, Subpart B,
``Confidentiality of Business Information (CBI)'' to establish rules to
govern business confidentiality claims, i.e., the handling by the
Agency of business information which is or may be entitled to
confidential treatment, determining whether such information is
entitled to confidential treatment for reasons of business
confidentiality and responding to Freedom of Information Act requests
pursuant to 5 U.S.C. 552 for this information.
    Form Numbers: None.
    Respondents/Affected Entities: Manufacturing and non-manufacturing
businesses submitting a document to EPA that it claims as CBI.
    Respondent's Obligation to Respond: Voluntary.
    Estimated Number of Respondents: 844 (total).
    Frequency of Response: Once.
    Total Estimated Burden: 488 hours (per year). Burden is defined at
5 CFR 1320.03(b).
    Total Estimated Cost: $20,447 (per year).
    Changes in the Estimates: There is a decrease of 1,045 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to a change in program
requirements which reduces the reporting burden.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2017-03482 Filed 2-22-17; 8:45 am]
BILLING CODE 6560-50-P


2630 Paperboard Mills 32213 Paperboard Mills 2650 Paperboard boxes and fiber cans 32221 Paperboard Container Manufacturing 2700 Printing and Publishing 511 Publishing Industries 512 Motion Picture and Sound Recording Industries 323 Printing and Related Support Activities A 2 SIC Code SIC Code Description NAICs Code NAICs Code Description 2800 Chemical and Allied Products 211112 Natural Gas Liquid Extraction 311942 Spice and Extract Manufacturing 325 Chemical Manufacturing 331 Primary Metal Manufacturing 2900 Petroleum and Coal Products 324 Petroleum and Coal Products 3000 Rubber and Miscellaneous Plastic 313 Textile Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing 325 Chemical Manufacturing 326 Plastics and Rubber Products Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing 3111 Leather Tanning and Finishing 31611 Leather and Hide Tanning and Finishing ( pt)

3253 Ceramic Wall and Floor Tile 327122 Ceramic Wall and Floor Tile Manufacturing 3292 Asbestos Products 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing ( pt) 3295 Minerals and Earths, Ground or Otherwise Treated 33634 Motor Vehicle Brake System Manufacturing ( pt)

3300 Primary Metal Industries 324 Petroleum and Coal Products Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing 335 Electrical Equipment, Appliances and Component Manufacturing 3400 Fabricated Metal Products 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing A 3 SIC Code SIC Code Description NAICs Code NAICs Code Description 3500 Industrial Machinery and Equipment 314 Textile Product Mills 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliances and Component Manufacturing 336 Transportation Equipment Manufacturing 339 Miscellaneous Manufacturing 3600 Electrical and Electronic Equipment 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliances and Component Manufacturing 336 Transportation Equipment Manufacturing 339 Miscellaneous Manufacturing 512 Motion Picture and Sound Recording Industries 3700 Transportation Equipment 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 336 Transportation Equipment Manufacturing 488 Support Activities for Transport 541 Professional, Scientific and Technical Services 811 Repair and Maintenance 3800 Instruments and Related Products 325 Chemical Manufacturing 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 339 Miscellaneous Manufacturing A 4 SIC Code SIC Code Description NAICs Code NAICs Code Description 3900 Miscellaneous Manufacturing Industries 316 Leather and Allied Product Manufacturing 325 Chemical Manufacturing 326 Plastics and Rubber Products Manufacturing 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliances and Component Manufacturing 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing 4200 Motor Freight Transportation Warehousing 484 Truck Transportation 488 Support Activities for Transportation 492 Couriers and Messengers 493 Warehousing and Storage 531 Real Estate 562 Waste Treatment and Disposal 4610 Pipelines, except Natural Gas 48611 Pipeline Transportation of Crude Oil 48691 Pipeline Transportation of Refined Petroleum Products 48699 All Other Pipeline Transportation 4900 Electric, Gas, and Sanitary Services 221 Utilities 486 Pipeline Transportation 488 Support Activities for Transportation 561 Administrative and Support Services 562 Waste Management and Remediation Services 5093 Scrap and Waste Materials 42193 Recyclable Material Wholesalers 5170 Wholesale Petroleum Marketing 454311 Heating Oil Dealers ( pt)

454312 Liquefied Petroleum Gas ( Bottled Gas) Dealers ( pt)

42271 Petroleum Bulk Stations and Terminals 42272 Petroleum and Petroleum Products Wholesalers ( except Bulk Stations and Terminals) A 5 SIC Code SIC Code Description NAICs Code NAICs Code Description 5510 Motor Vehicle Dealers ( New and Used) 44111 New Car Dealers 7210 Laundry Cleaning and Garment Services 81232 Drycleaning and Laundry Services ( except Coin Operated) ( pt)

812331 Linen Supply ( pt)

81231 Coin Operated Laundries and Drycleaners 56174 Carpet and Upholstery Cleaning Services 812332 Industrial Launderers 81149 Other Personal and Household Goods Repair and Maintenance ( pt)

7260 Funeral Services and Crematories 81222 Cemeteries and Crematories ( pt)

81221 Funeral Homes 7389 Miscellaneous Business Service 51224 Sound Recording Studios 51229 Other Sound Recording Industries ( pt)

514199 All Other Information Services ( pt)

541199 All Other Legal Services ( pt)

81299 All Other Personal Services ( pt)

54137 Surveying and Mapping ( except Geophysical) Services ( pt)

54141 Interior Design Services 54142 Industrial Design Services 54134 Drafting Services 54149 Other Specialized Design Services 54189 Other Services Related to Advertising 54193 Translation and Interpretation Services 54135 Building Inspection Services 54199 All Other Professional, Scientific, and Technical Services 51421 Data Processing Services ( pt)

71141 Agents and Managers for Artists, Athletes, Entertainers and Other Public Figures ( pt)

42186 Transportation Equipment and Suppliers ( except Motor Vehicles) Wholesalers 561421 Telephone Answering Services 325988 All Other Miscellaneous Chemical Product and Preparation Manufacturing ( pt) A 6 SIC Code SIC Code Description NAICs Code NAICs Code Description 561422 Telemarketing Bureaus 561431 Private Mail Centers 561439 Other Business Services Centers ( including Copy Shops)

314999 All Other Miscellaneous Textile Product Mills ( pt)

313311 Broadwoven Fabric Finishing Mills ( pt)

54187 Advertising Material Distribution Services 49111 Postal Service ( pt)

81232 Dry cleaning and Laundry Services ( except Coin Operated) A 7 SIC Code SIC Code Description NAICs Code NAICs Code Description 7389 ( continue d) Miscellaneous Business Service 561491 Repossession Services ( pt)

56191 Packaging and Labeling Services ( pt)

56179 Other Services to Building and Dwelling ( pt)

561599 All Other Travel Arrangement and Reservation Services ( pt)

56192 Convention and Trade Show Organizers 561591 Convention and Visitors Bureau 52232 Financial Transactions Processing, Reserve, and Clearinghouse Activities ( pt)

561499 All Other Business Support Services 56199 All Other Support Services 7530 Automotive Repair Shops 811121 Automotive Body, Paint, and Interior Repair and Maintenance 811112 Automotive Exhaust System Repair 326212 Tire Retreading 811198 All Other Automotive Repair and Maintenance ( pt)

811122 Automotive Glass Replacement Shops ( pt)

811113 Automotive Transmission Repair 811111 General Automotive Repair 811118 Other Automotive Mechanical and Electrical Repair and Maintenance 8000 Health Services 339 Miscellaneous Manufacturing 541 Professional, Scientific and Technical Services 621 Ambulatory Health Care Services 622 Hospitals 623 Nursing and Residential Care Facilities 8220 Colleges, Universities, Professional Schools, and Junior Colleges 61131 Colleges, Universities, and Professional Schools 61121 Junior Colleges A 8 SIC Code SIC Code Description NAICs Code NAICs Code Description 8730 Research, Development, and Testing Services 54171 Research and Development in the Physical, Engineering, and Life Sciences ( pt)

54172 Research and Development in the Social Sciences and Humanities ( pt)

54191 Marketing Research and Public Opinion Polling 54194 Veterinary Services ( pt)

54138 Testing Laboratories 8999 Services, not elsewhere classified 71151 Independent Artists, Writers, and Performers ( pt)

51221 Record Production 54169 Other Scientific and Technical Consulting Services ( pt)

51223 Music Publishers ( pt)

541612 Human Resources and Executive Search Consulting Services ( pt)

514199 All Other Information Services ( pt)

54162 Environmental Consulting Services 9511 Air and Water Resource and Solid Waste Management 92411 Administration of Air and Water Resource and Solid Waste Management Programs 9711 National Security 92811 National Security 9999 Nonclassifiable Establishments 99999 Unclassified Establishments Hazardous Waste Transporters 4212 Hazardous Waste Collection without Disposal 562112 Hazardous Waste Collection 4700 Transportation Services 487 Scenic and Sightseeing Transportation 488 Support Activities for Transportation 532 Rental and Leasing Services 541 Professional, Scientific, and Technical Services 561 Administrative and Support Services 722 Food Services and Drinking Placer Hazardous Waste Treatment, Storage, and Disposal Facilities 4953 Refuse Systems 56292 Materials Recovery Facilities 56221 Hazardous Waste Treatment and Disposal


 Handoff reports must be submitted separately by each facility in the Designate & Track (D&T) system where designated distillate is delivered to and/or received from another facility, separately by trading partner and separately by Tax/Dye/Marker status. This form has quarterly and annual reporting requirements. Each quarter, provide the volume totals of the transactions completed during the quarter. Annually, provide the volume totals of the entire compliance year. In the fourth quarter, both a quarterly
 (4th quarter) and an annual report must be submitted.
 NOTE: Truck Loading Terminals, including multi-use facilities, that, in addition to a truck rack, have refining and/or pass-through activities, must submit this report for all designated distillates received. Volume of taxed or dyed/marked, designated, distillates delivered over the truck rack (leaving D&T) are not reported on this form and are covered by the Designate & Track Total Volume Report (DSF0600). All other volumes of un-taxed/un-dyed/un-marked distillates leaving multi-use facilities and continuing on in D&T must be reported as deliveries.
 Reports using this form must be submitted quarterly with due dates of November 30th, February 28th, May
 31st, and August 31st.
 Please check the Diesel Fuel Reporting Forms web site for updated instructions and report form templates: http://epa.gov/otaq/regs/fuels/dieselfms.htm
 For information on submitting this report using EPA's Central Data Exchange (CDX) visit:
 http://epa.gov/otaq/regs/fuels/cdxinfo.htm

 F ield
  No.

F ield Na m e

U nits

F ield F orma ts , C odes , & S pec ia l Instruc tions
                                       1.
Report Form ID

AAAAAAA ; C haracter. Enter the DS F 0504 for this
Designate & Track Handoff Report
                                       2.
Report Type

A ; C haracter. Submit only one original report, submit any corrections or updates as resubmission(s):
O : Original
R : Resubmission
                                       3.
CBI

A ; C haracter. Specify if the data contained within the report is claimed as Confidential Business Information (CBI) under
40 CFR Part 2, subpart B:
Y : Confidential Business Information
N: Non-Confidential Business Information
                                       4.
Report Date

MM/DD/Y Y Y Y ; C haracter. Enter the date you create this report. If resubmitting, use the current date and not the date on the original report.
                                       5.
Report Year

YYY Y ; C haracter. The report year is determined by the annual compliance period. If an annual compliance period spans two years, enter the second year (e.g. for the compliance year June 1, 2006 through May 31, 2007 use
2007).

 F ield
  No.

F ield Na m e

U nits

F ield F orma ts , C odes , & S pec ia l Ins truc tions
                                       6.
Company/Entity ID

AAAA ; C haracter. Enter the four-digit, EPA-assigned ID for the company/entity (refiner, importer, etc.).
                                       7.
Facility ID

AAAAA ; C haracter. Enter the five-digit, EPA-assigned ID
for the facility. Please include any preceding zeros.
                                       8.
Compliance Period
Code

AA ; C haracter. Compliance Period Codes. General month ranges are provided below to assist in labeling quarters. See the list of specific compliance periods in 40 CFR
80.599:
Q ua rterly
  Q1: First Quarter (July  -  September)
  Q2: Second Quarter (October  -  December)
  Q3: Third Quarter (January  -  March)
  Q4: Fourth Quarter (April  -  June)
A n nual T otal
  A1: Annual Handoff Totals
                                       9.
Handoff Type

AA ; C haracter. Separately report deliveries and receipts. Specify whether this summary is for product delivered to or product received from the identified partner.
T X : Delivered To Partner
RX : Received From Partner
  10.
Partner Entity ID

AAAA ; C haracter. Enter the four-digit, EPA-assigned ID for your trading partner. For receipt of distillate from an entity that does not have an ID per 80.601(a)(3) use "8888".
  11.
Partner Facility ID

AAAAA ; C haracter. Enter the five-digit, EPA-assigned ID for your trading partner's facility. Please include preceding zeros if applicable. For receipt of distillate from a facility that does not have an ID per 80.601(a)(3) use "88888".
  12.
Tax/Dye/Marker
Status

AAA ; C ha ra cter. Separately report Taxed/Dyed and Untaxed Clear distillates. Specify if the product delivered was either taxed, dyed or marked (e.g. product leaving a truck rack) o r untaxed and clear (product entering D&T).
T DM: Taxed/Dyed/Marked (non-D&T fuel or fuel leaving
     D&T)
F UN: Untaxed/Clear (fuel entering D&T or continuing on in
     D&T)

 F ield
  No.

F ield Na m e

U nits

F ield F orma ts , C odes , & S pec ia l Ins truc tions
  13.
500 ppm NRLM
   gallons
999999999; Number. Total volume of 500 ppm NRLM delivered/received for the period. If this product type was not received or delivered, enter "0".
  14.
500 ppm NR
   gallons
999999999; Number. Total volume of 500 ppm NR delivered/received for the period. If this product type was not received or delivered, enter "0".
  15.
500 ppm LM (Marked)
   gallons
999999999; Number. Total volume of 500 ppm LM delivered/received for the period. The Tax/Dye/Marker Status field should indicate TDM. If this product type was not received or delivered, enter "0".
  16.
500 ppm LM (Un- marked)
   gallons
999999999; Number. Total volume of 500 ppm LM delivered/received for the period. This product will have no marker and the Tax/Dye/Marker Status Field should indicate FUN. If this product type was not received or delivered, enter "0".
  17.
High Sulfur NRLM
   gallons
999999999; Number. Total volume of High Sulfur NRLM delivered/received for the period. If this product type was not received or delivered, enter "0".
  18.
Heating Oil (Marked)
   gallons
999999999; Number. Total volume of Marked Heating Oil delivered/received for the period. This product typically will only be leaving D&T and requires both a dye and marker outside the NEMA (see 40 CFR 80.510). The Tax/Dye/Marker Status field should indicate TDM. If this product type was not received or delivered, enter "0".
  19.
Heating Oil (Un- marked)
   gallons
999999999; Number. Total volume of Un-marked Heating Oil delivered/received for the period. This product will have no marker and the Tax/Dye/Marker Status Field should indicate FUN. If this product type was not received or delivered, enter "0".

Electronic Submission Sample Record: DSF0504,O,Y,02/21/2011,2011,1234,12345,Q3,TX,4321,54321,FUN,0,2000,0,0,0,0,0

                          Paperwork Reduction Act Statement
 The public reporting and recordkeeping burden for this collection of information is disclosed in the estimates of the individual report form instructions. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing
 ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
 Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.


[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13442-13443]
[FR Doc No: 2023-04422]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-02-2023-2005; FRL-10426-01-R2]

Proposed CERCLA Cost Recovery Settlement for the JJW Metal
Recycling Fire Superfund Site, Located at 756 Los Colobos Street,
Carolina, Puerto Rico

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (``CERCLA''),
notice is hereby given by the U.S. Environmental Protection Agency
(``EPA''), Region 2, of a proposed cost recovery settlement agreement
(``Settlement'') pursuant to CERCLA with Cidra Excavation, LLC
(``Settling Party'') for the JJW Metal Recycling Fire Superfund Site
(``Site''), located at 756 Los Colobos Street, Carolina, Puerto Rico.

DATES: Comments must be submitted on or before April 3, 2023.

ADDRESSES: Requests for copies of the proposed Settlement and
submission of comments must be via electronic mail. Comments should
reference the JJW Metal Recycling Fire Superfund Site, Index No.
CERCLA-02-2023-2005. For those unable to communicate via electronic
mail, please contact the EPA employee identified below.

FOR FURTHER INFORMATION CONTACT: Walter Sainsbury, Assistant Regional
Counsel, Office of Regional Counsel, U.S. Environmental Protection
Agency, 290 Broadway, 17th Floor, New York, NY 10007-1866. Email:
[email protected] Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Settling Party will pay $25,000 to the
EPA Hazardous Substance Superfund in partial reimbursement of EPA's
past response costs paid in connection with the Site. This payment
shall be made within 30 days of the Effective Date of the Settlement.
The Settlement includes

a covenant by EPA not to sue or to take administrative action against
the Settling Party pursuant to Section 107(a) of CERCLA, 42 U.S.C.
9607(a), to recover EPA's past response costs as provided in the
Settlement. For thirty (30) days following the date of publication of
this notice, EPA will receive written comments relating to the
Settlement. EPA will consider all comments received and may modify or
withdraw its consent to the Settlement if comments received disclose
facts or considerations that indicate that the proposed Settlement is
inappropriate, improper, or inadequate. EPA's response to any comments
received will be available for public inspection at EPA Region 2, 290
Broadway, New York, New York 10007-1866.

Pasquale Evangelista,
Director, Superfund & Emergency Management Division, U.S. Environmental
Protection Agency Region 2.
[FR Doc. 2023-04422 Filed 3-2-23; 8:45 am]
BILLING CODE 6560-50-P


                       PM2.5 NAAQS ATTAINMENT DEADLINES

	The DC Circuit directed the EPA to align emissions reduction compliance dates in the rule replacing CAIR with the attainment deadlines for the relevant NAAQS, i.e., those for which the rule addresses upwind states' emissions that significantly contribute to downwind nonattainment areas' nonattainment or that interfere with their ability to maintain the standards.   Where the NAAQS compliance deadlines are prospective, the agency  -  and upwind states  -  are obligated to eliminate their significant contribution no later than the NAAQS compliance deadline.  Where the NAAQS deadline is already passed, the agency and the upwind states are obligated to eliminate significant contribution "as expeditiously as practicable."

2006 PM2.5 NAAQS Attainment Deadlines

      The attainment deadlines for all areas designated nonattainment for the 2006 24-hr PM2.5 NAAQS is December 14, 2014 (5 years from the effective date of the nonattainment designations).   In general, the EPA determines whether an area has attainment air quality on the basis of the data from the last complete calendar year prior to the attainment date to determine if the area has achieved the standard.  Because the deadline for the 2006 standard, however, is so close to the end of the 2014 calendar year, we determined that it would be acceptable to base attainment determinations on data from the 2014 calendar year.  Thus, upwind areas that significantly contribute to nonattainment or interfere with maintenance in downwind states need to have controls in place to eliminate such emissions by 1/1/2014 to ensure that the needed reductions occur during the 2014 calendar year.   The following chart shows the impact of reductions in 2014 in six key areas.

                                     Area
       Consequences of TR Controls in 2014 for Attainment/Nonattainment
                         of the 2006 24-Hour PM NAAQS

Liberty-Clairton, PA
- Projected to remain in nonattainment following implementation of TR 2012 requirements.
- Upwind states significantly contribute to the area's nonattainment problem.
 -  Significant contribution to nonattainment from upwind states eliminated by 2014 TR requirements.
- TR 2014 reductions bring the area closer, but not completely into attainment by the December 2014 attainment deadline.
- Known local problem.
-Absence of Phase 2 reductions in 2014 will mean that significant contribution will not be eliminated in NAAQS deadline-relevant year
Pittsburgh-Beaver Valley, PA
- Projected to have a potential nonattainment problem following implementation of all TR 2012 requirements.
- Upwind states significantly contribute to the area's potential nonattainment problem.
- Significant contribution to potential nonattainment from upwind states eliminated by 2014 TR requirements.
- TR 2014 reductions will allow the area to meet the December 2014 attainment date.
-Absence of Phase 2 reduction in 2014 will mean that significant contribution to area's maintenance of NAAQS during deadline-relevant year will not be eliminated
Lancaster, PA
- Projected to have a potential nonattainment problem following implementation of all TR 2012 requirements.
- Upwind states significantly contribute to the area's potential nonattainment problem.
- TR 2014 reductions bring the area closer, but not completely into attainment by the December 2014 attainment deadline.
- Significant contribution to potential nonattainment from upwind states eliminated by 2014 TR requirements.
- Still at risk of missing attainment date without additional in-state controls, but upwind state contributions addressed by TR.
-Absence of Phase 2 reductions in 2014 will mean that significant contribution to area's nonattainment of NAAQS not eliminated in deadline-relevant year
Cleveland-Akron-Lorain, OH
- Projected to have a potential nonattainment problem following implementation of all TR 2012 requirements.
- Upwind states significantly contribute to the area's potential nonattainment problem.
- Significant contribution to potential nonattainment from upwind states eliminated by 2014 TR requirements.
- TR 2014 reductions will allow the area to meet the December 2014
attainment date.
- Absence of Phase 2 reductions in 2014 will mean that significant contribution to area's nonattainment will not be eliminated during deadline-relevant year
Chicago-Gary-Lake, IL
- Projected to be potential nonattainment by 2014 even with implementation of all TR 2012 requirements.
- Upwind states significantly contribute to the area's potential nonattainment problem.
- With TR 2014 reductions, area projected to be much closer to attainment.
- Significant contribution to potential nonattainment from upwind states eliminated by 2014 TR requirements.
- Still at risk of having nonattainment air quality in 2014 without additional in-state controls (beyond TR 2014 requirements) to get reductions during 2014 calendar year.
- Absence of Phase 2 reductions in 2014 will mean that significant contribution to area's nonattainment will not be eliminated during deadline-relevant year
Detroit-Ann Arbor, MI
- Projected to remain in nonattainment following implementation of TR 2012 requirements.
- TR 2014 reductions very close to resolving potential nonattainment problem (projected to be just 0.07 ug/m3 from attainment).
 -  Significant contribution to nonattainment/potential nonattainment from upwind states eliminated by 2014 TR requirements.
- May need additional in-state controls that get reductions during 2014 to meet December 2014 attainment deadline.
= Absence of Phase 2 reductions in 2014 will mean that significant contribution to area's nonattainment will not be eliminated during deadline-relevant year

1997 PM2.5 NAAQS Attainment Deadlines

      The original attainment deadline for all areas designated nonattainment for the 1997 annual PM2.5 NAAQS was expeditiously as practicable, but no later than April 5, 2010 (5 years from the effective date of the nonattainment designations).  In general, we look at data from the last complete calendar year prior to the attainment date to determine if the area has achieved the standard.  The last complete calendar year prior to the attainment deadline was 2009.  Areas with clean data in 2009 generally were given two one year extensions to an April 5, 2011 deadline.  Other areas, those with nonattainment air quality, were given the maximum 5 year extension to April 5, 2015.  The last complete calendar year prior to the attainment deadline is 2014; air quality improvements after 12/31/2014 thus would not help states demonstrate attainment by the deadline.  Thus, upwind areas that significantly contribute to nonattainment or interfere with maintenance in downwind states need to have controls in place to eliminate such emissions by 1/1/2014 to ensure that the needed reductions occur during the 2014 calendar year.   The following chart shows the impact of reductions in 2014 in Liberty-Clairton, PA.
                                     Area
       Consequences of TR Controls in 2014 for Attainment/Nonattainment
                         of the 2006 24-Hour PM NAAQS

Liberty-Clairton, PA
- Projected to remain in nonattainment following implementation of TR 2012 requirements.
- Upwind states significantly contribute to the area's nonattainment problem.
- Significant contribution to nonattainment/potential nonattainment from upwind states eliminated by 2014 TR requirements. - TR 2014 reductions bring the area into attainment in 2014, allowing the area to meet its April 5, 2015 attainment deadline.
- Absence of Phase 2 reductions in 2014 will mean that significant contribution to area's nonattainment will not be eliminated during deadline-relevant year.