       Supporting Statement for an Information Collection Request (ICR)
                    Under the Paperwork Reduction Act (PRA)

 EXECUTIVE SUMMARY
 Identification of the Information Collection  -  Title and Numbers
      Title: Residential Lead-Based Paint Hazards Disclosure Requirements
      ICR Numbers: EPA ICR No.: 1710.08; OMB Control No.: 2070-0151
      EPA Form Numbers:  Seller's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards, Lessor's Disclosure of Information on Lead-Based Paint and/or Leas-Based Paint Hazards, EPA747-K-99-001: Lead Hazard Information Pamphlet  -  "Protect Your Family from Lead in Your Home"
	Docket ID Number: EPA-HQ-OPPT-2017-0631.

 Docket Information
The information collection request (ICR) that explains the information collection activities and related burden and cost estimates, as well as other supporting documents related to the ICR, are available in the docket established for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 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.

 ICR Status
Under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid control number issued by the Office of Management and Budget (OMB). The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

Before submitting an ICR to OMB for review and approval under the PRA, an agency must solicit comments pursuant to PRA §3506(c)(2)(A) and 5 CFR 1320.8(d)(1). After considering comments received on the draft ICR, the agency must submit the ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. In announcing the submission of the final ICR to OMB for review and approval, the agency must provide another opportunity for public review and comments on the revised ICR pursuant to 5 CFR 1320.12(c).

This is a renewal of existing an existing ICR for EPA ICR No. 1710.07; OMB Control No. 2070-0151; entitled "Residential Lead-Based Paint Hazards Disclosure Requirements; approved through October 31, 2018.

In proposing to renew this ICR, EPA will provide a 60-day public notice and comment period.

 Abstract
This ICR will cover the information collection activities associated with the reporting and recordkeeping requirements for sellers, lessors, and their agents' disclosure activities in target housing including the allowance of up to ten days for an optional risk assessment or inspection before being obligated under purchase or lease contract.

Legal authority: Section 1018 of the Residential Lead Based Paint Hazard Reduction Act of 1992 (the Act) (42 U.S.C. 4852d) directs the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) to jointly issue regulations requiring disclosure of known lead based paint and/or lead based paint hazards by persons selling or leasing housing constructed before the phase out of residential lead based paint use in 1978. Under that authority, EPA and HUD established requirements at 40 CFR 745, Subpart F and 24 CFR 35, Subpart H. More details are provided in Unit 2(a) of this Supporting Statement.

Respondents/affected entities: Entities potentially affected by this ICR include property owners and lessors, offerors/buyers and lessees/tenants, and agents acting on behalf of offerors/buyers or owner/lessors. Following prior analyses, it is assumed there are not agents acting on behalf of the lessees or tenants.

Respondent's obligation to respond: Responses are mandatory under TSCA (see also 40 CFR part 745).

Confidentiality of responses: This collection does not require the disclosure or retention of confidential information. The third party disclosure requirements also comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.

Estimated total number of potential respondents: 17,135,000.

Frequency of response: On occasion.

Estimated total annual burden: 5,952,344 hours. Burden is defined at 5 CFR 1320.3(b).

Estimated total annual costs: $ 130,067,754, includes no annualized capital investment or maintenance and operational costs.

Changes in the estimates: There is an overall decrease of 514,832 hours in the total respondent burden that is currently approved by OMB in this ICR. This decrease reflects changes in EPA's estimates of the burden including: revisions to the estimated number of respondents based on recent data sources such as the American Housing Survey, Bureau of Labor Statistics, and the National Association of Realtors; changes in the housing market and related industries, primarily housing rentals with new occupants, and changes to the cost of materials. Further details about these changes are included in this ICR supporting statement. This change is an adjustment.

 NECESSITY OF THE INFORMATION COLLECTION
 Related Legal and/or Administrative Requirements
The related legal authority is the Toxic Substances Control Act (TSCA), 15 U. S. C. 2601 et seq., with related requirements provided in 40 CFR part 745. The various applicable sections are provided in Attachment 1 and are briefly summarized here along with their implementing regulations, which are provided in Attachment 2. TSCA section 401 defines target housing as any housing constructed before 1978 except housing for the elderly or disabled or 0-bedroom dwellings.

The current regulations in 40 CFR part 745, subpart F cover the types of regulated sale and lease transactions in target housing, the disclosure requirements, and the recordkeeping requirements.
In addition, the EPA has developed extensive guidance and other materials that are available at http://www.epa.gov/lead.
The following provides a general overview for requirements covered in this ICR for each entity:

Sellers of Pre-1978 Residential Housing:  The rule requires that sellers of pre-1978 housing (1) provide a lead hazard information pamphlet to contract offerors, and (2) complete and attach a disclosure form to their sales contracts. A sample form is provided in the preamble to the regulations, but only the information elements are required, each respondent can develop its own form. The form must be signed by the seller, purchaser, and any agent(s) acting on behalf of the seller.

Lessors of Pre-1978 Residential Housing:  The rule requires lessors of pre-1978 housing to (1) provide a lead hazard information pamphlet to lessees, and (2) complete and attach a disclosure form to their leasing contracts. Again, while a sample form is provided, each respondent is permitted to develop its own form. The form must be signed by the lessor and any agent(s) acting on behalf of the lessor. The form must then be retained by the lessor, and any agents acting on their behalf.

Agents Acting On Behalf of Sellers or Lessors:  Section 1018 of the Act specifically directs EPA to require agents acting on behalf of sellers or lessors to ensure compliance with the disclosure regulations.

EPA and HUD jointly administer and enforce the rule, and have agreed to maintain a single ICR for these information collection activities. EPA will take the lead in preparing the necessary documentation for renewals.

 Necessity of the Information Collection
The information collection activities covered by this ICR are necessary components of the Lead Program established under the TSCA mandates discussed in section 2(a) of this supporting statement.

The third party disclosure requirements that are contained in the regulations are specifically mandated by section 1018 of the Act. The recordkeeping requirements contained in the regulations are necessary for ensuring compliance with the provisions of the regulations.

 Uses, Users, and Purpose of the Information Collection
Owners/Occupants of target housing. The third party disclosure requirements attempt to ensure that families receive both specific information on the housing's lead history and general information on lead exposure prevention. With this information, consumers may be able to make more informed decisions concerning home purchase, lease, and maintenance to protect families from lead hazard exposure.

EPA, HUD, Local Governments. The recordkeeping requirements enable EPA and HUD, as well as tribal governments, state and local regulators and the courts, to both determine compliance and effectively enforce section 1018 and the provisions of the rule. In addition, the Act provides a private cause of action for persons harmed by violations of section 1018, and records kept pursuant to this rule may be important evidence for these parties.

 NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
 Non-Duplication
The third party disclosure and recordkeeping requirements covered by this ICR are unique and are not in any way duplicated by another information collection activity.

 Consultations and Public Comments
 In addition to the public notice and comment period, OMB regulations, at 5 CFR 1320.8(d)(1), require agencies to consult with potential ICR respondents and data users about specific aspects of an ICR before the EPA submits the ICR to OMB for review and approval. In accordance with this regulation, EPA will pursue consultations with interested parties during the development of the renewal of this collection.

 Effects of Less Frequent Collection
 The third party disclosure occurs when the regulated entities are engaged in a specific transaction, i.e., the sale or lease of target housing. As such, it is not possible or appropriate to consider a less frequent disclosure interval.

 Small Entity Flexibility
 The affected population for this rule is largely comprised of small entities, and all of the requirements have been crafted to maximize flexibility. EPA and HUD have also developed guidance and a sample form to further facilitate and assist small entities with compliance.

 General PRA Related Guidelines
 This ICR is consistent with OMB's General Guidelines for information collections under the PRA. Although no form is imposed by the regulations, to facilitate and simplify compliance, EPA and HUD provide a sample form for respondents to adopt or modify for their use. Since this form is simply a sample, it does not contain a PRA Notice, OMB number or expiration date. Agents are assumed to retain one sheet of paper containing a signed disclosure and acknowledgement statement per each sale or rental transaction.

 Confidentiality
This collection does not require the disclosure or retention of confidential information. The third party disclosure requirements also comply with the provisions of the Privacy Act of 1974 and OMB Circular A-108.

 Sensitive Questions
 This information collection does not include questions of a sensitive nature.

 AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
 Agency Activities
The primary purpose of this information collection activity is the provision of certain information between two parties in a transaction, i.e., third party disclosure. The agencies are therefore primarily engaged in the following basic activities:

 Public outreach to assist in the understanding of, and compliance with, the rule requirements
 The development and maintenance of an infrastructure for receiving tips and complaints regarding alleged violations of the regulations
 Compliance monitoring and enforcement of the provisions in the regulation

 Estimated Agency Costs
The primary purpose of this information collection activity is the provision of certain information between two parties in a transaction, and constitutes a third party disclosure under the PRA. The Agency burden and costs associated with this activity are, therefore, limited to the provision of guidance and program oversight or enforcement. As such, there is no need to estimate the related Agency burden and costs under the PRA.

 Collection Schedule
   The third party disclosure is transaction specific and only occurs when the regulated entities are engaged in a specific transaction, i.e., the sale or lease of target housing.

 Use of Technology to Facilitate Collection Activities
The EPA will make use of existing technology to simplify the application and notification processes where available. However, due to the requirements outlined in this ICR, electronic submissions are not generally applicable as submissions are not required to the Agency. Responses to consultations can be sent via electronic mail or other means by preference of the respondent.

 THE RESPONDENTS AND INFORMATION COLLECTION (IC) ACTIVITIES
For each respondent category, this section of the ICR describes the respondents, the information collection activities and related estimates for burden and costs associated with those activities.

 Methodology for Estimating Respondent Burden and Costs
The third party disclosure requirements specify the communication and recordkeeping for agents and individuals undertaking the purchase, sale, or rental of a target housing unit.

The North American Industrial Classification System (NAICS) codes associated with industries most likely affected by the paperwork requirements are described below:

5312		Real Estate Agents
5311		Lessors of Real Estate

   IC #1: Agent Start-up, Disclosure and Record Preparation, Recordkeeping and Materials Burden
Respondent NAICS Codes

5312		Real Estate Agents
5311		Lessors of Real Estate

Information Collection Activities

The start-up burden involves the time and cost required for agents to learn the disclosure rule's requirements and set up procedures for meeting those requirements. EPA estimates that the paperwork burden related to learning the rule and setting up compliance procedures is one hour. This estimate assumes real estate sales agents, sellers of rental property, and property managers only incur this start-up burden once, when they initially enter the profession. Since the rule's initial year has passed, the calculation assumes each year has an average number of new entrants incurring the start-up costs in their first year.

The disclosure record preparation burden involves the time and cost for performing the disclosure activities in conjunction with the sale or rental of target housing as specified by the rule. Each instance is estimated to take five minutes for each of the parties. For each sale handled by an agent on the seller's side, the agent is expected to explain the rule to the seller. For each offer in each sale handled by an agent on the offeror's side, the agent is expected to explain the rule to the offeror. Thus for each sale without an agent the analysis assumes a total burden of twenty minutes (five minutes on each of two sides, for two offers), and a total burden of thirty-five minutes when the sale has an agent for each offeror and for the seller (twenty minutes plus five minutes for each of three agents).

The record-keeping provisions of this rule require the seller and the selling agent (or in the case of rentals, both the owners/lessors and their agents) maintain records of the signed disclosure. The record-keeping requirement causes them to spend time in filing the specified documents. In all likelihood, some type of filing system already exists for each party. The incremental filing time that may reasonably be attributed to the disclosure rule itself should be very small, or approximately 0.5 minutes (0.0083 hours) per record.

The materials burden involves the cost of materials required for rule compliance. Materials costs include the lead hazard information pamphlets, filing materials, and copies to be made. The sellers and lessors may choose to provide these materials themselves or to have their agents manage these materials. But for simplicity, this analysis assumes that these costs are borne by the principals, the sellers and the lessors.

It is assumed that there is one copy of a signed acknowledgment and disclosure statement for every offer or rental contract. It is assumed that each statement will require no more than one side of a single sheet of paper. For sales and rentals involving an agent, three sets of the contract must be generated by the agent (one for the buyer/lessee, one for the seller/lessor and one for the agent) for a total of three copies. Sales transactions will also require a one-page lead-based paint inspection contingency clause for each party. Those are not required for rentals. This analysis assumes two offers per sale. Copy costs are assumed to be an average of $0.08 per page, the standard price per page at copy centers for black and white copies (September 2017). Not all sales transactions will involve two agents since 11 percent of sellers and 12 percent of offerors each are assumed to not use and agent. Of the percentage of sales not involving two agents, half the sales are assumed to occur with no agents and half are assumed to occur with one agent. A similar assumption was not made for rental transactions because only owner/lessors are assumed to use agents and all tenants are acting on their own behalf.

Filing-related material costs include the cost of storing the signed disclosure and acknowledgment statements that result from a completed transaction. Filing costs for individual buyers and sellers and owners and renters are considered a negligible incidental expense. The filing costs are assumed to only for agents. For filing materials, it is assumed a four drawer, 26.5-inch deep filing cabinet can hold 26,500 sheets of paper and costs approximately $250 (average price at large office supply stores, September 2017). This translates into a $0.009 cost per sheet of paper which was rounded to an even $0.01. For each sale or rental transaction, agents are assumed to retain one sheet of paper containing a signed disclosure and acknowledgment statement.

IC# 1. Agent Start-up, Disclosure and Record Preparation, Recordkeeping, and Material Burden
                        Citation: 40 CFR 745, subpart F
                                 Data Element
                                     Form
                                   Responses
                                Burden (hours)
                                   Materials
                                   Cost ($)
Start-up Burden Real Estate Agents
N/A
                                                                        22,111
                                                                         22,111
N/A
                                                                        829,605
Start-up Burden Lessor Agents
N/A
                                                                        55,762
                                                                         55,762
N/A
                                                                      1,723,046
Disclosure and Record Preparation for Seller Agents (89%)
Disclosure Form
                                                                      2,403,000
                                                                        200,250
N/A
                                                                      7,513,380
Disclosure and Record Preparation for Offeror Agents (88% x2)
Disclosure Form
                                                                     4,752,000
                                                                        396,000
N/A
                                                                     14,857,920
Disclosure and Record Preparation for Owner/Lessor Agents (88%)
Disclosure Form
                                                                      5,632,000
                                                                        469,333
N/A
                                                                     14,502,400
Recordkeeping for Seller Agents (89%)
N/A
                                                                      2,403,000
                                                                         19,945
N/A
                                                                        748,333
Recordkeeping for Owner/Lessor Agents (88%)
N/A
                                                                      5,632,000
                                                                         46,746
N/A
                                                                      1,444,439
                                                                       Subtotal
                                                                     20,899,873
                                                                      1,210,147

                                                                    $41,619,122
                                Material Burden
Pamphlets for Sales (89% x2)
EPA747-K-99-001
N/A
N/A
                                                                      4,806,000
                                                                     3,460,320
Pamphlets for Rentals (88%)
EPA747-K-99-001
N/A
N/A
                                                                      5,632,000
                                                                     4,055,040
Copied Pages for Sales with 1 Agent (5.5%)
N/A
N/A
N/A
                                                                      1,485,000
                                                                       118,800
Copied Pages for Sales with 2 Agents (89%)
N/A
N/A
N/A
                                                                     28,836,000
                                                                     2,306,880
Copied Pages for Rentals with Agents (88%)
N/A
N/A
N/A
                                                                     22,528,000
                                                                     1,802,240
Filed Pages for Sales with 1 Agent (5.5%)
N/A
N/A
N/A
                                                                        148,500
                                                                         1,485
Filed Pages for Sales with 2 Agents (89%)
N/A
N/A
N/A
                                                                      4,806,000
                                                                        48,060
Filed Pages for Rentals with Agents (88%)
N/A
N/A
N/A
                                                                      5,632,000
                                                                        56,320
                                                                       Subtotal

                                                                    $11,849,145
                                                                    Grand Total
                                                                     20,899,873
                                                                      1,210,147

                                                                    $53,468,267

   IC #2: Individual Start-up, Disclosure and Record Preparation, Recordkeeping and Materials Burden
Respondent NAICS Codes

None, this IC captures burden and cost estimates for sellers, offerors, and tenants therefore no NAICS code applies.

Information Collection Activities

The start-up burden involves the time and cost required for individuals to learn the disclosure rule's requirements and set up procedures for meeting those requirements. EPA estimates that the paperwork burden related to learning the rule and setting up compliance procedures is one hour. Each seller is assumed to incur the start-up burden.

The disclosure record preparation burden involves the time and cost for performing the disclosure activities in conjunction with the sale or rental of target housing as specified by the rule. Each instance is estimated to take five minutes for each of the parties. For each sale handled by an agent on the seller's side, the agent is expected to explain the rule to the seller. For each offer in each sale handled by an agent on the offeror's side, the agent is expected to explain the rule to the offeror. Thus for each sale without an agent the analysis assumes a total burden of twenty minutes (five minutes on each of two sides, for two offers), and a total burden of thirty-five minutes when the sale has an agent for each offeror and for the seller (twenty minutes plus five minutes for each of three agents).

The record-keeping provisions of this rule require the seller and the selling agent (or in the case of rentals, both the owners/lessors and their agents) maintain records of the signed disclosure. The record-keeping requirement causes them to spend time in filing the specified documents. In all likelihood, some type of filing system already exists for each party. The incremental filing time that may reasonably be attributed to the disclosure rule itself should be very small, or approximately 0.5 minutes (0.0083 hours) per record.

The materials burden involves the cost of materials required for rule compliance. Materials costs include pamphlets and copies provided by sellers or lessors who do not use agents. It is assumed that there is one copy of a signed acknowledgment and disclosure statement for every offer or rental contract. It is assumed that each statement will require no more than one side of a single sheet of paper. For sales and rentals involving an agent, three sets of the contract must be generated by the agent (one for the buyer/lessee, one for the seller/lessor and one for the agent) for a total of three copies. Sales transactions will also require a one-page lead-based paint inspection contingency clause for each party. Those are not required for rentals. This analysis assumes two offers per sale. Copy costs are assumed to be an average of $0.08 per page, the standard price per page at copy centers for black and white copies (September 2017). Not all sales transactions will involve two agents since 11 percent of sellers and 12 percent of offerors each are assumed to not use and agent. Of the percentage of sales not involving two agents, half the sales are assumed to occur with no agents and half are assumed to occur with one agent. A similar assumption was not made for rental transactions because only owner/lessors are assumed to use agents and all tenants are acting on their own behalf.

IC# 2. Seller, Offeror, and Tenant Disclosure and Record Preparation, Recordkeeping, and Material Burden
                        Citation: 40 CFR 745, subpart F
                                 Data Element
                                     Form
                                   Responses
                                Burden (hours)
                                   Materials
                                   Cost ($)
Start-up Burden Sellers
N/A
   2,700,000
                                                                      2,700,000
N/A
                                                                     42,930,000
Disclosure and Record Preparation for Sellers (x2)
Disclosure Form
                                                                      5,400,000
                                                                        450,000
N/A
                                                                      7,155,000
Disclosure and Record Preparation for Offerors (x2)
Disclosure Form
   5,400,000
                                                                        450,000
N/A
                                                                      7,155,000
Disclosure and Record Preparation for Owners/Lessors
Disclosure Form
                                                                      6,400,000
                                                                        533,333
N/A
                                                                      8,480,000
Disclosure and Record Preparation for Tenants
Disclosure Form
                                                                      6,400,000
                                                                        533,333
N/A
                                                                      8,480,000
Recordkeeping for Sellers
N/A
                                                                      2,700,000
                                                                         22,410
N/A
                                                                        356,319
Recordkeeping for Owner/Lessors
N/A
                                                                      6,400,000
                                                                         53,120
N/A
                                                                        844,608
                                                                       Subtotal
                                                                     35,400,000
                                                                      4,742,197

                                                                    $75,400,927
                                Material Burden
Pamphlets for Sales, No Agent (11% x2)
EPA747-K-99-001
N/A
N/A
                                                                        594,000
                                                                       427,680
Pamphlets for Rentals, No Agent (12%)
EPA747-K-99-001
N/A
N/A
                                                                        768,000
                                                                       552,960
Copied Pages for Sales without Agents (5.5%)
N/A
N/A
N/A
                                                                      1,188,000
                                                                        95,040
Copied Pages for Rentals without Agents (12%)
N/A
N/A
N/A
                                                                      1,536,000
                                                                       122,880
                                                                       Subtotal

                                                                     $1,198,560
                                                                    Grand Total
                                                                     35,400,000
                                                                      4,742,197

                                                                    $76,599,487

 Total Estimated Respondent Burden and Costs
                               IC Summary Table
                                  IC Category
                                   Responses
                                Burden (hours)
                                   Cost ($)
IC 1: Real Estate and Lessor Agents
                                                                     20,899,873
                                                                      1,210,147
                                                                     53,468,267
IC 2: Individuals
                                                                     35,400,000
                                                                      4,742,197
                                                                     76,599,487
Total
                                                                     56,299,873
                                                                      5,952,344
                                                                  $130,067,754

 PRA BURDEN STATEMENT
Under the PRA, burden is defined at 5 CFR 1320.3(b).

The annual public burden for this collection of information, which is approved under OMB Control No. 2070-0151, is estimated to average about 0.11 hours per response. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current and valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9 and included on the related collection instrument or form, if applicable.

The burden from the previously approved ICR was 6,467,176 hours. The total burden requested for this ICR is 5,952,344 hours, or a decrease of 514,832 hours from the previous total burden. The difference between the current burden request and the previously approved requests are due to adjustments in EPA's estimates of the burden. Several adjustments to the estimates were made, including:

 Revisions to the estimated number of respondents based on updates to data sources such as the American Housing Survey, Bureau of Labor Statistics, and the National Association of Realtors; and
 Revisions based on market factors. There was a decrease in new rentals of nearly two million compared with the previous ICR. And a decrease in the amount of owner-occupied target housing in the market space, so while sales have begun to rebound since the slump in the housing market, sales of target housing actually had a slight decrease. The percent of owner-occupied target housing stock during the previous ICR was 54.1 percent, for this ICR it is 50.2 percent. This change in stock percentage is expected as older houses are torn down and as new houses are built and enter the market space.

The total combined cost burden of the previously approved ICR was $125,683,576. The total cost burden requested for this ICR is $130,067,754. The difference of $4,384,178 between the current cost burden request and the previously approved requests are due only to adjustments in EPA's estimates of the burden. In addition to the adjustments listed above, the wage rates and material costs were revised to reflect 2016 dollars for this information collection request. In all, wage rates have increased. And while increases to material costs are minimal on a per unit basis, once aggregated over millions of responses, it causes a noticeable increase in the overall cost of the ICR.

Due to the volatility in the housing sale and rental market, EPA considered the potential impact on estimated paperwork burden and cost if the sales or rentals were 5 percent greater than or five percent less than projected in the Supporting Statement. The total burden and cost could not simply be increased or decreased by five percent because not all burden and cost estimates are impacted by either sales or rentals. For example, the number of new entrants for Real Estate Agents is based on growth in the NACIS code, not on the number of sales or leases. Also while sale and rental trends of housing are related there is not always a one to one relationship; therefore, the increases and decreases were calculated separately instead of together.

A five percent change in housing sales results in the target housing changing by 130,000 units, creating a range from 2.6 million housing units to 2.87 million housing units. The Supporting Statement assumed target housing sales were 2.74 million units. Total Burden in the Supporting Statement was an estimated 5,952,344 hours at a cost of $130,067,754. The five percent change would result in a change of 230,000 hours and $4.8 million dollars. The total burden would range from 5,722,344 to 6,182,344 hours and the cost from $125,267,754 to $134,867,754. These ranges were calculated assuming no change in the rental estimate presented in the Supporting Statement.

A five percent change in target housing rentals results in a change of 400,000 units, creating a range from 6.1 million units to 8.7 million units. The Supporting Statement assumed new housing rentals were 6.4 million units. Total Burden in the Supporting Statement was an estimated 5,952,344 hours at a cost of $130,067,754. The 5 percent change would result in a change of 130,000 hours and $2.95 million dollars. The total burden would range from 5,822,344 to 6,082,344 hours and the cost from $127,117,754 to $133,017,754. These ranges were calculated assuming no change in the sales estimate presented in the Supporting Statement.

 ATTACHMENTS TO THE SUPPORTING STATEMENT
Attachments to the supporting statement are available in the public docket established for this ICR under docket identification number EPA-HQ-OPPT-2017-0631. These attachments are available for online viewing at www.regulations.gov or otherwise accessed as described in the following listing.

Attachment 1:
42 USC 4852d - Residential Lead-Based Paint Hazard Reduction Act of 1992, Section 1018. Also available online at the U.S. House of Representatives' US Code website.

Attachment 2:
40 CFR part 745, Subpart F - Disclosure of Known Lead Based Paint and/or Lead Based Paint Hazards Upon Sale or Lease of Residential Property. Also available online at the National Archives and Records Administration's Electronic CFR Website.

Attachment 3:
24 CFR part 35, Subpart H - Project-Based Assistance. Also available online at the National Archives and Records Administration's Electronic CFR Website.

Attachment 4:
Seller's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (Sample Form). Also available online at http://www2.epa.gov/lead/sellers-disclosure-information-lead-based-paint-andor-lead-based-paint-hazards.

 Attachment 5:	Lessor's Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards (Sample Form). Also available at online at http://www2.epa.gov/lead/lessors-disclosure-information-lead-based-paint-andor-lead-based-paint-hazards.

 Attachment 6:	Lead Hazard Information Pamphlet - "Protect Your Family from Lead In Your Home" (EPA747-K-99-001). Also available at online at
			http://www2.epa.gov/lead/protect-your-family-lead-your-home.


[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85978-85980]
[FR Doc No: 2016-28605]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0067]

Pharmaceutical Science and Clinical Pharmacology Advisory
Committee; Establishment of a Public Docket; Request for Comments;
Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; establishment of a public docket;
request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Pharmaceutical Science and
Clinical Pharmacology Advisory Committee. The general function of the
committee is to provide advice and recommendations to the Agency on
FDA's regulatory issues. The meeting will be open to the public.

DATES: The meeting will be held on March 15, 2017, from 7:30 a.m. to
3:45 p.m.

ADDRESSES: Omni Shoreham Hotel, the Ballroom, 2500 Calvert St. NW.,
Washington, DC 20008. The hotel telephone number is<PHONE_NUMBER>.
Answers to commonly asked questions including information regarding
special accommodations due to a disability, visitor parking, and
transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically,

including attachments, to http://www.regulations.gov will be posted to
the docket unchanged. Because your comment will be made public, you are
solely responsible for ensuring that your comment does not include any
confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-N-0067 for ``Pharmaceutical Science and Clinical Pharmacology
Advisory Committee; Notice of Meeting.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at http://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Jennifer Shepherd, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute modifications that impact a previously announced advisory
committee meeting cannot always be published quickly enough to provide
timely notice. Therefore, you should always check the Agency's Web site
at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to
the appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The use of model-informed drug development (MIDD) for new
and generic drugs has significantly increased over the past several
years. The committee will discuss strategies, approaches, and
challenges in MIDD with specific focus on two areas. During the morning
session, the committee will discuss approaches and evidentiary
information needed for applying physiologically-based pharmacokinetic
modeling and simulation throughout a drug's lifecycle. During the
afternoon session, the committee will discuss mechanistic model-
informed safety evaluation with a focus on drug potential for causing
arrhythmias. The Comprehensive in Vitro Proarrhythmia Assay will be
discussed as an exemplar.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see the
ADDRESSES section) on or before March 1, 2017, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 9:50 a.m. to 10:20 a.m. and 2:15 p.m. to 2:45 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
February 21, 2017. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by February 22,
2017.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Jennifer

Shepherd at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: November 22, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-28605 Filed 11-28-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70140-70141]
[FR Doc No: 2020-24458]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-455-000]

Freeport LNG Development, L.P., FLNG Liquefaction, LLC, FLNG
Liquefaction 2, LLC and FLNG Liquefaction 3, LLC; Notice of Schedule
for Environmental Review of the Noble Gas Project

    On May 13, 2020, Freeport LNG Development, L.P., FLNG Liquefaction,
LLC, FLNG Liquefaction 2, LLC, and FLNG Liquefaction 3, LLC (together
referred to as Freeport LNG) filed an application in Docket No. CP20-
455-000 requesting authorization pursuant to Section 3 of the Natural
Gas Act to construct and operate certain modifications to its
Pretreatment Facility in Brazoria County, Texas. The proposed project
is known as the Noble Gas Project (Project).
    On May 28, 2020, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
Environmental Assessment (EA) for the project. This instant notice
identifies the FERC staff's planned schedule for the completion of the
EA for the project.

Schedule for Environmental Review

Issuance of EA--December 18, 2020
90-day Federal Authorization Decision Deadline--March 18, 2021

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
project's progress.

Project Description

    Freeport LNG requests authorization to construct and operate
modifications to Freeport LNG's existing Pretreatment Facility in
Brazoria County, Texas, to allow for the extraction of helium from the
existing compressed boil-off gas (BOG) pipeline. The Pretreatment
Facility is part of the Freeport LNG

Terminal, and is located about 1.5 miles from the liquefaction
facilities on Quintana Island. The modifications to the Pretreatment
Facility include tie-ins to the BOG pipeline, a firewater system, and a
nitrogen utility unit at the Pretreatment Facility. The project also
requires a non-jurisdictional helium extraction and purification plant
and associated electric supply tie-in.

Background

    On July 16, 2020, the Commission issued a Notice of Intent to
Prepare an Environmental Assessment for the Proposed Noble Gas Project
and Request for Comments on Environmental Issues (NOI). The NOI was
sent to affected landowners; federal, state, and local government
agencies; elected officials; environmental and public interest groups;
Native American tribes; other interested parties; and local libraries
and newspapers. The Commission received no comments in response to the
NOI. The U.S. Department of Transportation--Pipeline and Hazardous
Materials Safety Administration is a cooperating agency in the
preparation of the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP20-455), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at<EMAIL_ADDRESS>The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: October 29, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24458 Filed 11-3-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25379-25382]
[FR Doc No: 2017-11358]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80782; File No. SR-NYSEMKT-2017-31]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing of
Proposed Rule Change To Adopt Rule 6900 To Establish the Procedures for
Resolving Potential Disputes Related to CAT Fees Charged to Industry
Members

May 26, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'' or the ``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ notice is hereby given that, on May 16, 2017, NYSE MKT
LLC (the ``Exchange'' or ``NYSE MKT'') filed with the Securities and
Exchange Commission (``SEC'' or 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt Rule 6900 (Consolidated Audit
Trail--Fee Dispute Resolutions) to establish the procedures for
resolving potential disputes related to CAT Fees charged to Industry
Members.\4\ 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.
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    \4\ Unless otherwise specified, capitalized terms used in this
rule filing are defined as set forth herein or in the Consolidated
Audit Trail Funding Fees sections of the Exchange's Equities Price
List and Options Fee Schedule, the Exchange's CAT Compliance Rule
Series or in the CAT NMS Plan.
---------------------------------------------------------------------------

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA
Exchange, Inc., Bats EDGX Exchange, Inc., BOX Options Exchange LLC, C2
Options Exchange, Incorporated, Chicago Board Options Exchange,
Incorporated, Chicago Stock Exchange, Inc., Financial Industry
Regulatory Authority, Inc. (``FINRA''), Investors' Exchange LLC, Miami
International Securities Exchange, LLC, MIAX PEARL, LLC, NASDAQ BX,
Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC,\5\ NASDAQ
PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC,
NYSE MKT LLC, NYSE Arca, Inc. and NYSE National, Inc.\6\ (collectively,
the ``Participants'') filed with the Commission, pursuant to Section
11A of the Exchange Act \7\ and Rule 608 of Regulation NMS
thereunder,\8\ the National Market System Plan Governing the
Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'').\9\ The
Participants filed the Plan to comply with Rule 613 of Regulation NMS
under the Exchange Act. The Plan was published for comment in the
Federal Register on May 17, 2016,\10\ and approved by the Commission,
as modified, on November 15, 2016.\11\ The Plan is designed to create,
implement and maintain a consolidated audit trail (``CAT'') that would
capture customer and order event information for orders in NMS
Securities and OTC Equity Securities, across all markets, from the time
of order inception through routing, cancellation, modification, or
execution in a single consolidated data source. The Plan accomplishes
this by creating CAT NMS, LLC (the ``Company''), of which each
Participant is a member, to operate the CAT.\12\ Under the CAT NMS
Plan, the Operating Committee of the Company (``Operating Committee'')
has discretion to establish funding for the Company to operate the CAT,
including establishing fees that the Participants will pay, and
establishing fees for Industry Members that will be implemented by the
Participants (``CAT Fees'').\13\ The Participants are required

to file with the SEC under Section 19(b) of the Exchange Act any such
CAT Fees applicable to Industry Members that the Operating Committee
approves.\14\ Accordingly, the Exchange filed a proposed rule change
with the SEC to adopt the Consolidated Audit Trail Funding Fees, which
will require Industry Members that are Exchange members to pay the CAT
Fees determined by the Operating Committee.\15\ The Exchange submits
this rule filing to adopt Rule 6900 (Consolidated Audit Trail--Fee
Dispute Resolution) to establish the procedures for resolving potential
disputes related to CAT Fees charged to Industry Members. Proposed Rule
6900 would apply to Industry Members of the Exchange's equities and
options markets.\16\ Proposed Rule 6900 is described below.
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    \5\ ISE Gemini, LLC, ISE Mercury, LLC and International
Securities Exchange, LLC have been renamed Nasdaq GEMX, LLC, Nasdaq
MRX, LLC, and Nasdaq ISE, LLC, respectively. See Securities Exchange
Act Release Nos. 80248 (March 15, 2017), 82 FR 14547 (March 21,
2017); 80326 (March 29, 2017), 82 FR 16460 (April 4, 2017); and
80325 (March 29, 2017), 82 FR 16445 (April 4, 2017).
    \6\ National Stock Exchange, Inc. has been renamed NYSE
National, Inc. See Securities Exchange Act Release No. 79902
(January 30, 2017), 82 FR 9258 (February 3, 2017).
    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
    \9\ See Letter from the Participants to Brent J. Fields,
Secretary, Commission, dated September 30, 2014; and Letter from
Participants to Brent J. Fields, Secretary, Commission, dated
February 27, 2015. On December 24, 2015, the Participants submitted
an amendment to the CAT NMS Plan. See Letter from Participants to
Brent J. Fields, Secretary, Commission, dated December 23, 2015.
    \10\ Securities Exchange Act Release No. 77724 (April 27, 2016),
81 FR 30614 (May 17, 2016).
    \11\ Securities Exchange Act Release No. 79318 (November 15,
2016), 81 FR 84696 (November 23, 2016) (``Approval Order'').
    \12\ The Plan also serves as the limited liability company
agreement for the Company.
    \13\ Section 11.1(b) of the CAT NMS Plan. Proposed Rule 6900
would be applicable to member organizations. The term ``member
organization'' is defined in Rule 24 (Office Rules) as ``a
partnership, corporation or such other entity as the Exchange may,
by Rule, permit to become a member organization, and which meets the
qualifications specified in the Rules.'' The term ``member
organization'' is defined in Rule 2(b)(i) (Equities Rules) as [sic]
a registered broker or dealer (unless exempt pursuant to the
Securities Exchange Act of 1934) (the ``Act'') that is a member of
the Financial Industry Regulatory Authority, Inc. (``FINRA'') or
another registered securities exchange. Member organizations that
transact business with public customers or conduct business on the
Floor of the Exchange shall at all times be members of FINRA. A
registered broker or dealer must also be approved by the Exchange
and authorized to designate an associated natural person to effect
transactions on the floor of the Exchange or any facility thereof.
This term shall include a natural person so registered, approved and
licensed who directly effects transactions on the floor of the
Exchange or any facility thereof.'' The term ``member organization''
also [sic] includes any registered broker or dealer that is a member
of FINRA or a registered securities exchange, consistent with the
requirements of section 2(b)(i) of this Rule, which does not own a
trading license and agrees to be regulated by the Exchange as a
member organization and which the Exchange has agreed to regulate.''
See Rule 2(a)(ii) [sic] (Equities Rules).
    \14\ Section 11.1(b) of the CAT NMS Plan.
    \15\ See SR-NYSEMKT-2017-26, filed on May 10, 2017.
    \16\ A rule reference has been added to Rule 0--Equities to make
clear that the proposed rule applies to transactions conducted on
the Equities Trading Systems.
---------------------------------------------------------------------------

(1) Definitions
    Paragraph (a) of proposed Rule 6900 sets forth the definitions for
proposed Rule 6900. Paragraph (a)(1) of proposed Rule 6900 states that,
for purposes of Rule 6900, the terms ``CAT NMS Plan'', ``Industry
Member'', ``Operating Committee'', and ``Participant'' are defined as
set forth in the Rule 6810 (Consolidated Audit Trail--Definitions), and
the term ``CAT Fee'' is defined in the Consolidated Audit Trail Funding
Fees section of the Exchange's Equities Price List and Options Fee
Schedule. In addition, the Exchange proposes to add paragraph (a)(2) to
proposed Rule 6900. New paragraph (a)(2) would define the term
``Subcommittee'' to mean a subcommittee designated by the Operating
Committee pursuant to the CAT NMS Plan. This definition is the same
substantive definition as set forth in Section 1.1 of the CAT NMS Plan.
(2) Fee Dispute Resolution
    Section 11.5 of the CAT NMS Plan requires Participants to adopt
rules requiring that disputes with respect to fees charged to Industry
Members pursuant to the CAT NMS Plan be determined by the Operating
Committee or Subcommittee. Section 11.5 of the CAT NMS Plan also states
that decisions by the Operating Committee or Subcommittee on such
matters will be binding on Industry Members, without prejudice to the
right of any Industry Member to seek redress from the SEC pursuant to
SEC Rule 608 or in any other appropriate forum. The Exchange proposes
to adopt paragraph (b) of proposed Rule 6900. Paragraph (b) of proposed
Rule 6900 states that disputes initiated by an Industry Member with
respect to CAT Fees charged to such Industry Member pursuant to the
Consolidated Audit Trail Funding Fees, including disputes related to
the designated tier and the fee calculated pursuant to such tier, will
be resolved by the Operating Committee, or a Subcommittee designated by
the Operating Committee, of the CAT NMS Plan, pursuant to the Fee
Dispute Resolution Procedures adopted pursuant to the CAT NMS Plan and
set forth in paragraph (c) of proposed Rule 6900. Decisions on such
matters will be binding on Industry Members, without prejudice to the
rights of any such Industry Member to seek redress from the SEC or in
any other appropriate forum.
    The Operating Committee has adopted ``Fee Dispute Resolution
Procedures'' governing the manner in which disputes regarding CAT Fees
charged pursuant to the Consolidated Audit Trail Funding Fees will be
addressed. These Fee Dispute Resolution Procedures, as they relate to
Industry Members, are set forth in paragraph (c) of proposed Rule 6900.
Specifically, the Fee Dispute Resolution Procedures provide the
procedure for Industry Members that dispute CAT Fees charged to such
Industry Member pursuant to one or more of the Participants'
Consolidated Audit Trail Funding Fees Rules, including disputes related
to the designated tier and the fee calculated pursuant to such tier, to
apply for an opportunity to be heard and to have the CAT Fees charged
to such Industry Member reviewed.
    Under these Procedures, an Industry Member that disputes CAT Fees
charged to such Industry Member and that desires to have an opportunity
to be heard with respect to such disputed CAT Fees must file a written
application with the Company within 15 business days after being
notified of such disputed CAT Fees. The application must identify the
disputed CAT Fees, state the specific reasons why the applicant takes
exception to such CAT Fees, and set forth the relief sought. In
addition, if the applicant intends to submit any additional documents,
statements, arguments or other material in support of the application,
the same should be so stated and identified.
    The Company will refer applications for hearing and review promptly
to the Subcommittee designated by the Operating Committee pursuant to
Section 4.12 of the CAT NMS Plan with responsibility for conducting the
reviews of CAT Fee disputes pursuant to these Procedures. This
Subcommittee will be referred to as the Fee Review Subcommittee. The
members of the Fee Review Subcommittee will be subject to the
provisions of Section 4.3(d) of the CAT NMS Plan regarding recusal and
Conflicts of Interest. The Fee Review Subcommittee will keep a record
of the proceedings.
    The Fee Review Subcommittee will hold hearings promptly. The Fee
Review Subcommittee will set a hearing date. The parties to the hearing
will furnish the Fee Review Subcommittee with all materials relevant to
the proceedings at least 72 hours prior to the date of the hearing.
Each party will have the right to inspect and copy the other party's
materials prior to the hearing.
    The parties to the hearing will consist of the applicant and a
representative of the Company who will present the reasons for the
action taken by the Company that allegedly aggrieved the applicant. The
applicant is entitled to be accompanied, represented and advised by
counsel at all stages of the proceedings.
    The Fee Review Subcommittee will determine all questions concerning
the admissibility of evidence and will otherwise regulate the conduct
of the hearing. Each of the parties will be permitted to make an
opening statement, present witnesses and documentary evidence, cross
examine opposing witnesses and present closing arguments orally or in
writing as determined by the Fee Review Subcommittee. The Fee Review
Subcommittee also will have the right to question all parties and
witnesses to the proceeding. The Fee Review Subcommittee must keep a
record of the hearing. The formal rules of evidence will not apply.
    The Fee Review Subcommittee must set forth its decision in writing
and send the written decision to the parties to the proceeding. Such
decisions will contain the reasons supporting the conclusions of the
Fee Review Subcommittee.
    The decision of the Fee Review Subcommittee will be subject to
review by the Operating Committee either on its own motion within 20
business days after issuance of the decision or upon written request
submitted by the applicant within 15 business days after issuance of
the decision. The applicant's petition must be in writing and must
specify the findings and conclusions to which the applicant objects,
together

with the reasons for such objections. Any objection to a decision not
specified in writing will be considered to have been abandoned and may
be disregarded. Parties may petition to submit a written argument to
the Operating Committee and may request an opportunity to make an oral
argument before the Operating Committee. The Operating Committee will
have sole discretion to grant or deny either request.
    The Operating Committee will conduct the review. The review will be
made upon the record and will be made after such further proceedings,
if any, as the Operating Committee may order. Based upon such record,
the Operating Committee may affirm, reverse or modify, in whole or in
part, the decision of the Fee Review Subcommittee. The decision of the
Operating Committee will be in writing, will be sent to the parties to
the proceeding and will be final.
    The Procedures state that a final decision regarding the disputed
CAT Fees by the Operating Committee, or the Fee Review Subcommittee (if
there is no review by the Operating Committee), must be provided within
90 days of the date on which the Industry Member filed a written
application regarding disputed CAT Fees with the Company. The Operating
Committee may extend the 90-day time limit at its discretion.
    In addition, the Procedures state that any notices or other
documents may be served upon the applicant either personally or by
leaving the same at its, his or her place of business or by deposit in
the United States post office, postage prepaid, by registered or
certified mail, addressed to the applicant at its, his or her last
known business or residence address. The Procedures also state that any
time limits imposed under the Procedures for the submission of answers,
petitions or other materials may be extended by permission of the
Operating Committee. All papers and documents relating to review by the
Fee Review Subcommittee or the Operating Committee must be submitted to
the Fee Review Subcommittee or Operating Committee, as applicable.
    The Procedures also note that decisions on such CAT Fee disputes
made pursuant to these Procedures will be binding on Industry Members,
without prejudice to the rights of any such Industry Member to seek
redress from the SEC or in any other appropriate forum.
    Finally, an Industry Member that files a written application with
the Company regarding disputed CAT Fees in accordance with these
Procedures is not required to pay such disputed CAT Fees until the
dispute is resolved in accordance with these Procedures, including any
review by the SEC or in any other appropriate forum. For these
purposes, the disputed CAT Fees means the amount of the invoiced CAT
Fees that the Industry Member has asserted pursuant to these Procedures
that such Industry Member does not owe to the Company. The Industry
Member must pay any invoiced CAT Fees that are not disputed CAT Fees
when due as set forth in the original invoice.
    Once the dispute regarding CAT Fees is resolved pursuant to these
Procedures, if it is determined that the Industry Member owes any of
the disputed CAT Fees, then the Industry Member must pay such disputed
CAT Fees that are owed as well as interest on such disputed CAT Fees
from the original due date (that is, 30 days after receipt of the
original invoice of such CAT Fees) until such disputed CAT Fees are
paid at a per annum rate equal to the lesser of (i) the Prime Rate plus
300 basis points, or (ii) the maximum rate permitted by applicable law.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b)(5) of the Act,\17\ which require,
among other things, that the Exchange's rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest, and not designed to permit unfair
discrimination between customers, issuers, brokers and dealers, and
Section 6(b)(8) of the Act,\18\ which requires that the Exchange's
rules not impose any burden on competition that is not necessary or
appropriate.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange believes that this proposal is consistent with the Act
because it implements, interprets or clarifies Section 11.5 of the
Plan, and is designed to assist the Exchange and its Industry Members
in meeting regulatory obligations pursuant to the Plan. In approving
the Plan, the SEC noted that the Plan ``is necessary and appropriate in
the public interest, for the protection of investors and the
maintenance of fair and orderly markets, to remove impediments to, and
perfect the mechanism of a national market system, or is otherwise in
furtherance of the purposes of the Act.'' \19\ To the extent that this
proposal implements, interprets or clarifies the Plan and applies
specific requirements to Industry Members, the Exchange believes that
this proposal furthers the objectives of the Plan, as identified by the
SEC, and is therefore consistent with the Act.
---------------------------------------------------------------------------

    \19\ Approval Order at 84697.
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange notes that the
proposed rule change implements Section 11.5 of the CAT NMS Plan
approved by the Commission, and is designed to assist the Exchange in
meeting its regulatory obligations pursuant to the Plan. Similarly, all
national securities exchanges and FINRA are proposing this proposed
rule to implement the requirements of the CAT NMS Plan. Therefore, this
is not a competitive rule filing, and, therefore, it does not raise
competition issues between and among the exchanges and FINRA.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:

    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change 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-NYSEMKT-2017-31 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-NYSEMKT-2017-31. 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-NYSEMKT-2017-31, and should
be submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11358 Filed 5-31-17; 8:45 am]
BILLING CODE 8011-01-P