PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ OSWER 2. OMB control number b. G None a. 2050  0171 __ __ __ __

3. Type of information collection (check one) a. G New collection b.  Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested (check one) a.  Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes  No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.  Three years from approval date b. G Other Specify: / /___

7. Title: "Amendments to the Reporting and Recordkeeping Requirements for National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hazardous Waste Combustors  Direct Final Rule"

8. Agency form number( s) (If applicable): 1773.03 9. Keywords: Hazardous Waste Combustors, Combustion, Recordkeeping Requirements, Reporting Requirements, Hazardous Waste Incinerators, Hazardous Waste Burning Cement Kilns, Hazardous Waste Burning Lightweight Aggregate Kilns 10. Abstract: EPA is taking direct final action on nine amendments to the hazardous waste combustor NESHAP final rule promulgated on September 30, 1999. These amendments will improve the implementation of the emission standards, primarily in the areas of compliance, testing, and monitoring. The existing paperwork burden for the 1999 final rule was approved in EPA ICR Request #1773.02. This ICR estimates the additional (incremental from ICR Request #1773.02) recordkeeping and reporting burdens resulting from these amendments.

11. Affected public (Mark primary with "P" and all others that apply with "X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond (Mark primary with "P" and all others that apply with "X") a. Voluntary b. Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 400 b. Total annual responses 1847 1. Percentage of these responses collected electronically 5 % c. Total annual hours requested 68,271 d. Current OMB inventory 67,978 e. Difference 293 f. Explanation of difference 1. Program Change 293 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden (in thousands of dollars)

a. Total annualized capital/ startup costs 15 b. Total annual costs (O& M) 1, 596 c. Total annualized cost requested 1,611 d. Current OMB inventory 1,611 e. Difference 0 f. Explanation of difference 1. Program change 02 Adjustment 015 Purpose of information collection (Mark Primary With "P" and all others that apply with "X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting (check all that apply) a.  Recordkeeping b. G Third party disclosure c.  Reporting 1.  On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. G Semi annually 6. G Annually 7. G Biennually 8.  Other (describe) one time 17. Statistical methods Does this information collection employ statistical methods?

G Yes  No 18. Agency contact (person who can best answer questions regarding the content of this submission) Name: Frank Behan Phone: 703 308 8476 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): (i) Why the information is being collected; (ii) Use of information; (iii) Burden estimate; (iv) Nature of response (voluntary, required for a benefit, or mandatory); (v) Nature and extent of confidentiality; and (vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected (see note in Item 19 of the instructions);

(i) It uses effective and efficient statistical survey methodology; and (j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Date Signature of Senior Official or designee Joseph Retzer, Director Regulatory Information Division Office of Regulatory Management and Information (OPPE) Date OMB 83 I Supporting Statement for EPA Information Collection Request # 1773.03 (OMB Control # 2050 0171)

Amendments to the Reporting and Recordkeeping Requirements for National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hazardous Waste Combustors; Direct Final Rule October 2001 TABLE OF CONTENTS 1. IDENTIFICATIONOFTHE INFORMATIONCOLLECTION ........................ 1 1( a) TitleoftheInformationCollection ......................................... 1 1( b) ShortCharacterization/ Abstract ........................................... 1 2. NEEDFORANDUSE OFTHECOLLECTION.................................... 2 2( a) NeedandAuthorityfor theCollection....................................... 2 2( b) Practical Utility/ Users of the Data .......................................... 2 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ......................................................................... 2 3( a) Nonduplication........................................................ 2 3( b) PublicNoticeRequiredPriortoICRSubmissiontoOMB........................ 2 3( c) Consultations ......................................................... 2 3( d) EffectsofLessFrequentCollection......................................... 3 3( e) GeneralGuidelines ..................................................... 3 3( f) Confidentiality ........................................................ 3 3( g) SensitiveQuestions..................................................... 3 4. RESPONDENTS AND THE INFORMATION COLLECTED ......................... 3 4( a) Respondents/ NAICSCodes .............................................. 3 4( b) InformationCollected................................................... 4 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ......................... 7 5( a) AgencyActivities ...................................................... 7 5( b) CollectionMethodologyandManagement ................................... 7 5( c) Small Entity Flexibility .................................................. 8 5( d) CollectionSchedule .................................................... 8 6. ESTIMATINGTHE BURDENANDCOSTOFCOLLECTION........................ 8 6( a) EstimatingRespondentBurden............................................ 8 6( b) EstimatingRespondentCost .............................................. 8 6( c) EstimatingAgencyBurdenCost ........................................... 9 6( d) EstimatingtheRespondentUniverseandTotalBurdenandCosts .................. 9 6( e) BottomLineBurdenHour andCostTables.................................. 10 6( f) ReasonsforChangeinBurden ........................................... 11 6( g) BurdenStatement ..................................................... 11 1 The four amendments that received adverse comment included: the amendments to §63.1201( a) and §63.1206( b)( 13)( i) (alternative hydrocarbon monitoring location for short cement kilns burning hazardous waste at locations other than the "hot" end of the kiln); the amendments to §63.1206( b)( 6)( i), §63.1206( b)( 7)( i)( B), §63.1206( b)( 7)( ii)( B), and §63.1207( c)( 2)( i) (use of destruction and removal efficiency data in lieu of testing); the amendments to §63.1206( c)( 7)( ii) (deletion of baghouse inspection requirements); and amendments to §63.1207( f)( 1)( ii) (feedstream analysis for organic hazardous air pollutants).

1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection This Information Collection Request (ICR) is titled "Amendments to the Reporting and Recordkeeping Requirements for National Emission Standards (NESHAP) for Hazardous Air Pollutants from Hazardous Waste Combustors; Direct Final Rule" ICR # 1773.03 (OMB Control # 2050 0171).

1( b) Short Characterization/ Abstract On July 3, 2001, EPA published a direct final rule (66 FR 35087) and a notice of proposed rulemaking (66 FR 35124) promulgating and proposing thirteen amendments to provisions dealing largely with rules affecting implementation of the National Emission Standards for Hazardous Waste Combustors (subpart EEE of Part 63). For the purposes of this ICR, hazardous waste combustors (HWCs) include hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns. EPA indicated that it was promulgating these amendments as direct final rules because it believed the amendments to be non controversial. However, the Agency further stated that if we received adverse comment by August 17, 2001 on one or more distinct provisions of the direct final rule, we would publish a timely withdrawal of those distinct provisions in the Federal Register, and deal with those provisions as proposed rules. We subsequently received adverse comment on four of the thirteen provisions. 1 Thus, the nine provisions for which we did not receive adverse comment will become effective on October 16, 2001 as provided in the July 3, 2001 direct final rule. This ICR has been revised by removing the incremental recordkeeping and reporting burdens associated with the four amendments.

The existing paperwork burden for the final rule was approved in EPA ICR Request #1773.02 "New and Amended Reporting Requirements for National Emission Standards for Hazardous Air Pollutant from Hazardous Waste Combustors."

This ICR estimates the additional (incremental) recordkeeping and reporting burdens for the amendments described in this action:

 The recordkeeping and reporting requirements increase the burden to the regulated community by 292 hours per year at a total labor cost of $20,168 per year. This 2 recordkeeping and reporting burden is incremental to the burden approved under EPA ICR Request #1773.02.

 In addition, it will take EPA an additional 19 hours per year to review and respond to the required submissions at an additional cost of $512 per year.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need and Authority for the Collection EPA promulgated revised standards for hazardous waste combustors under joint authority of the Clean Air Act and Resource Conservation and Recovery Act. See 64 FR 52828 (September 30, 1999). The standards limit emissions of chlorinated dioxins and furans, other toxic organic compounds, toxic metals, hydrochloric acid, chlorine gas, and particulate matter. These standards reflect the performance of Maximum Available Control Technology (MACT) as specified under Section 112 of the Clean Air Act.

Certain records and reports are required to ensure that the standards are being achieved on a continuous basis. These amendments are estimated to increase the recordkeeping and reporting burden.

2( b) Practical Utility/ Users of the Data The data collected for new and existing HWC system operations and testing are used by facility owners and operators and EPA or the implementing agency. Data maintained in records are used to monitor results of testing, inspections, and the operation of air pollution control systems, as well as to demonstrate compliance with regulations. Notifications and submitted monitoring data are used by EPA or the implementing agency to evaluate construction / reconstruction plans, test and operating plans, test results, facility operation, and whether facilities qualify for certain exemptions and alternative monitoring / testing methods. EPA also requires notification procedures to ensure stakeholder involvement.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Nonduplication The information collections covered in this ICR are not available from sources other than individual respondents. EPA's Office of Solid Waste is the only office within the Agency collecting this information, and no other Federal agency or department collects this information. In addition, the Office of Solid Waste has systematically reorganized its ICR structure to eliminate gaps or duplication. 3 3( b) Public Notice Required Prior to ICR Submission to OMB In compliance with the Paperwork Reduction Act of 1995, EPA is issuing a public notice in the Federal Register concerning the submittal of this ICR to the Office of Management and Budget (OMB) and its availability to the public for comment. This notice is contained in a paragraph of the direct final rule Federal Register notice.

3( c) Consultations The direct final rule amendments covered by this ICR will be promulgated using proper rulemaking procedures. EPA has made efforts to consult with the respondent stakeholders, general public, State and industry officials, and the appropriate Federal agencies in the development of the burden estimates for this (and previous related) ICRs.

EPA has worked and consulted directly with the respondent stakeholders and trade group associations when developing these amendments, and that these amendments are a direct result of comments from and meetings with the impacted respondents.

3( d) Effects of Less Frequent Collection EPA has carefully considered the burden imposed upon the regulated community by hazardous waste combustion regulations and the potential environmental consequences of reducing the information collection frequencies. Consequently, EPA is confident that those activities required of respondents are necessary, and to the extent possible, minimize the burden imposed. EPA believes that, if the minimum requirements specified under the regulations are not met, EPA will be unable to fulfill its Congressional mandate under the Resource Conservation and Recovery Act and Section 112 of the Clean Air Act. In addition, efforts were made to integrate the monitoring, compliance testing, and recordkeeping requirements of the CAA and RCRA so that facilities will be able to avoid duplicity of two potentially different regulatory compliance schemes.

3( e) General Guidelines This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act as amended, OMB's implementing regulations, OMB's Information Collection Review Handbook (EPA, April 1998), and other applicable OMB guidance.

It is necessary for facilities to retain records for five years in order for EPA to ensure compliance with the regulations. The recordkeeping burden for such a requirement is not significant.

3( f) Confidentiality Section 3007( b) of RCRA and 40 CFR Part 2, Subpart B, which define EPA's general policy on the public disclosure of information, contain provisions for confidentiality. 4 3( g) Sensitive Questions No questions of a sensitive nature are included in any of the information collection requirements.

4. RESPONDENTS AND THE INFORMATION COLLECTED 4( a) Respondents/ NAICS Codes The following lists North American Industry Classification System (NAICS) codes associated with the facilities most likely to be affected by this ICR:

NAICS Industry Type 2123 Nonmetallic Mineral Mining 2211 Electric Power Generation 22132 Sewage Treatment Facilities 3241 Petroleum and Coal Products 3271 Clay Product and Refractory 3231 Printing and Related Support 3251 Basic Chemical Manufacturing 3252 Resin, Synthetic Rubber, and Plastic 3253 Pesticide and Fertilizer 3254 Pharmaceutical and Medicine 3255 Paint, Coating, and Adhesive 3259 Other Chemical Products 3271 Concrete Block and Brick 3273 Cement and Concrete Product 3274 Lime and Gypsum Product 3279 Other Nonmetallic Mineral 3327 Machine Shops; Turned Product 3328 Coating, Engraving, Heat 3329 Other Fabricated Metal Product 3332 Industrial Machinery 3335 Metalworking Machinery 3339 Other General Purpose Equipment Manufacturing 3341 Computer and Peripheral 3342 Communications Equipment 3343 Audio and Video Equipment 3344 Semiconductor 3361 Motor Vehicle Manufacturing 3362 Motor Vehicle Body and Trailer 3363 Motor Vehicle Parts 4227 Petroleum Wholesalers 45431 Fuel Dealers 5 5622 Waste Treatment and Disposal 5629 Remediation and Other Waste 4( b) Information Collected 1. Hazardous Waste Residence Time EPA is modifying the definition of hazardous waste residence time so that recycled hazardous waste derived materials should not be considered when calculating hazardous waste residence time (§ 63.1201( a)).

(i) Data items, including recordkeeping requirements The comprehensive performance test workplan must discuss procedures for determining the hazardous waste residence time.

(ii) Respondent activity None.

2. Deletion of One Time Notification of Compliance with Alternative Clean Air Act Standards (i) Data items, including recordkeeping requirements EPA is deleting the requirement to submit a one time notification of compliance that would have been used to alert regulatory officials that a source wants the option of complying with otherwise applicable MACT standards after the hazardous waste residence time has expired (§ 63.1206( b)( 1)( ii)).

(ii) Respondent activity Facilities will no longer have to submit the one time notice to the Agency.

3. Time Extension for Waiving PM and Opacity Standards to Correlate PM CEMS (i) Data items, including recordkeeping requirements EPA is allowing a waiver of the particulate matter (PM) and opacity standards during PM CEMS correlation tests beyond 96 hours if approved by the Administrator.

(ii) Respondent activity Sources can choose to submit a request to the Administrator, most likely as part of the performance test workplan, for an extension to the 96 hour waiver of the particulate matter and opacity 6 standards.

4. Alternative to the PM Standard for Incinerators Feeding Low Levels of Metals (i) Data items, including recordkeeping requirements EPA is revising the "alternative particulate matter (PM) standard" option of the final rule. Specifically, the final rule alternative particulate matter standard will be replaced with alternative requirements that include: (1) 90% semivolatile metals system removal efficiency demonstrated during the comprehensive performance testing; (2) semivolatile and low volatility metals emission limitations (including the non enumerated metals HAPs of Co, Ni, Mg, and Se) also must be achieved during performance testing; and (3) semivolatile and low volatility metals feedrate limitations must be achieved in both the hazardous waste and total feedstreams (including nonenumerated HAPs) on a 12 hour average basis (as required by the final rule). Sources electing to comply with these alternative requirements do not have to meet the 0. 015 gr/ dscf particulate matter standard; instead they remain subject to the RCRA particulate matter standard of 0. 08 gr/ dscf.

(ii) Respondent activity As part of the comprehensive performance test work plan, incinerator facilities may request the option of complying with the alternative particulate matter standard.

Demonstration of compliance with the alternative to the particulate matter standard requires: (1) the evaluation of semivolatile metals system removal efficiency and semi and low volatile metals emissions levels (including the non enumerated metals) during the comprehensive performance test, (2) measurement of particulate matter emissions, and (3) documentation of metals feed rates from all feedstreams (including non enumerated metals) on a daily basis.

5. Revisions to the Metals Feedrate Extrapolation Procedures (i) Data items, including recordkeeping requirements The final rule currently requires documentation that the levels of metal spiking assure that any extrapolation procedures are as accurate and precise as if no extrapolations were used. See §63.1207( f)( 1)( x)( C). This is being modified to require documentation that an extrapolation procedure adequately assures compliance with the emission standards.

(ii) Respondent activity If using extrapolation to set metals feed limits, the performance test workplan must include justification that the extrapolation procedure assures compliance with the emissions standards. Note that there will be no additional recordkeeping and reporting activities under this revision compared with the final rule. 7 6. Feedrate Limits for Nondetectable Constituents (i) Data items, including recordkeeping requirements The final rule specifies that separate "non detect feedrate limits" must be established for constituents with non detect measurements made during the compliance testing. Under this approach, feed locations that have "non detect" limits could not, during normal operations, feed detectable levels of the constituent unless certain criteria is met. See §63.1207( n). EPA is eliminating this provision for identifying feedrate limits and replacing it with a provision that requires the source, on a site specific basis, to specify a method to be used to account for nondetects when establishing feedrate limits.

(ii) Respondent activity Specify in the performance test workplan the method to be used to account for non detects when establishing feedrate limits.

7. Revisions to Assist Early Compliance EPA is eliminating two impediments to early compliance (see §62.1207( 5) and §63.1211( d)). First, early complying sources that fail the comprehensive performance test will not be required to stop burning hazardous waste. Second, early complying sources will be exempt from the Documentation of Compliance requirements.

(i) Data items, including recordkeeping requirements None.

(ii) Respondent activity None.

8. Accuracy Requirements for Weight Measurement Devices (i) Data items, including recordkeeping requirements EPA is eliminating the weight measurement device accuracy requirement for everything except carbon injection systems and requiring sources to specify an appropriate accuracy requirement for each device in the continuous monitoring system evaluation test plan.

(ii) Respondent activity The continuous monitoring system evaluation plan and test plan will continue to include calibration frequency, accuracy requirements, and procedures for all measurement and monitoring devices. 8 9. Deletion of Requirement for Establishing a Scrubber Liquid Minimum pH Operating Parameter Limit for Mercury Control for Wet Scrubbers (i) Data items, including recordkeeping requirements EPA is deleting the requirement to establish a minimum pH limit to ensure compliance with the mercury standard.

(ii) Respondent activity Deleting the minimum pH limit for mercury control is not likely to change the recordkeeping and reporting activity because a minimum pH limit is still required to ensure compliance with the HCl and chlorine gas standard.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT This section discusses how EPA will collect the information, what activities EPA will perform with the collected information, and how EPA will manage the information it collects. This section also discusses how the information collection requirements affect small entities.

5( a) Agency Activities Most of the items in this ICR are new or modified provisions allowing affected sources to request or petition to comply with alternative approaches that generally reduce the burden of the final rule. In many cases, these requests would be included in the comprehensive performance test plan, continuous monitoring system evaluation plan and test plan, or the operating and maintenance plan. All of these documents, including the requests, would be reviewed and approved by the Agency. Thus, Agency time to review and approve these documents would be somewhat increased as a result of some of the requirements in the proposed rule. Section 6( c) below shows the estimates of increased Agency burden for the various proposed requirements.

5( b) Collection Methodology and Management Much of the ICR activity is comprised of reporting requirements that will be submitted by mail directly to the Agency for review.

Also, some recordkeeping information will also be kept in facility files. This requires the implementing authority to visit and collect from the facility, or request by mail, any information it wishes to review.

Agency management of collected information includes review of information, making 9 determinations, and filing and storing information collected.

In collecting and analyzing information required for hazardous waste combustors, EPA uses electronic equipment, including telephone systems, personal computers, electronic mail, and database software, as necessary.

5( c) Small Entity Flexibility EPA identified six out of 171 identified combustion facilities as small entities. EPA conducted an incremental assessment of any cost savings or cost burdens that may result from these amendments to the final rule on the small entities. Based on our assessment, the Agency concluded that there will not be any significant cost burdens or cost savings across all the small business facilities for any of the amendments. For details of the analysis, see Regulatory Flexibility Screening Analysis (RFSA) For NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (May 2001) and Adjustments to the Economic Assessment and Regulatory Flexibility Screening Analysis in Response to the Withdrawal of Four Amendments Previously Submitted Under: NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors, Direct Final Rule (October 4, 2001) in the docket to this rulemaking.

5( d) Collection Schedule Most of the ICR requirements have clearly defined reporting schedules. For example, test plan and operating and maintenance plans are required to be submitted in a intermittent, but well defined manner, prior to compliance testing and facility operations.

Although the means by which respondents submit the information is not specified, it should be submitted to the Agency as paper copies and computer files if possible.

6. ESTIMATING THE BURDEN AND COST OF COLLECTION 6( a) Estimating Respondent Burden Burden estimates are based on recent Information Collection Request preparations associated with the HWC MACT final rule (ICR #1773.02). These involved consultations with respondents from the regulated community, general public, state and Federal agencies.

6( b) Estimating Respondent Cost Respondent burden hours and costs associated with all requirements covered by this ICR are shown in Exhibit 1 and have been annualized over the 3 year period of this ICR. Cost estimate assumptions are discussed in the following four sections.

(i) Estimating Labor Costs 10 EPA estimates the average hourly labor cost for respondents is $93.97 for legal staff, $71.49 for managerial staff, $55.00 for technical staff, $71.49 for consultants staff, and $26.48 for clerical staff. These rates are based on the Bureau of Labor Statistics' employment cost statistics, and have been updated at a 3% inflation index to current year dollars. These rates are also consistent with the rates typically paid by the regulated hazardous waste combustor community.

(ii) Estimating Capital and Operating and Maintenance Costs Capital and operating and maintenance costs include submittal of information and notices to the permitting agency. This will include mailing ($ 10.00 per package via registered mail) and photocopying expenses ($ 0.04 per page).

(iii) Capital / Start Up Costs There are no capital / start up costs associated with these ICR burdens.

(iv) Annualized Capital / Start Up Costs One time costs are annualized over the expected length of the equipment lifetime.

6( c) Estimating Agency Burden Cost Agency burden hours and costs associated with all requirements covered by this ICR are shown in Exhibit 2. Burden is due to increased hours to review and approving, if necessary, test workplans, petitions, and requests.

6( d) Estimating the Respondent Universe and Total Burden and Costs The estimated burden and costs discussed in this section represent the average burden and cost incurred by a hazardous waste combustor facility. Actual burden for each facility will vary, depending on the number, capacity, and complexity of the combustion units at the facility.

(i) Universe Determination The Agency estimates that 171 facilities with hazardous waste combustion units are impacted by the proposed amendments. This includes 33 cement kilns at 18 sites, 10 lightweight aggregate kilns at 5 sites, 26 commercial incinerators at 20 sites, and 160 on site incinerators at 128 sites.

(ii) Activities 0. Familiarize With Rule All 171 HWCs will read the rule. 11 1. Hazardous Waste Residence Time There are no additional recordkeeping or reporting burdens associated with this amendment.

2. Deletion of One Time Notification of Compliance with Alternative Clean Air Act Standards The deletion of a one time notification of compliance with alternative MACT standards after the hazardous waste residence time has expired will reduce the reporting burden of the final rule by a small amount.

3. Time Extension for Waiving PM and Opacity Standards to Correlate PM CEMS Because it is anticipated that few (if any) units will choose to petition the Administrator to use PM CEMS, there will be no burden from allowing time extensions from particulate matter and opacity standards to complete correlating PM CEMS based on a written request.

4. Alternative to the PM Standard for Incinerators Feeding Low Levels of Metals It is projected that these alternative to the particulate matter (PM) standard provisions will be used at 5 incinerator facilities. Testing, reporting, and recordkeeping burdens associated with the new modified alternative particulate matter standard are very similar to those under the general MACT rule. Minor differences include: (1) the alternative particulate matter standard requires semivolatile metals system removal efficiency testing (which can be incorporated in the standard semivolatile metals testing, thus carries no additional burden); and (2) the additional requirement for the characterization of the four non enumerated metals (Co, Ni, Mn, and Se) in the feed and emissions streams.

Note additionally, that this alternative is not a requirement, but rather an option that could be used in lieu of the final rule particulate matter standard requirements. Overall, it is projected that the net cost burden for sources using this alternative will be significantly reduced because of the cost savings as a result of reduced requirements to upgrade the particulate matter air pollution control system (reduced as a result of complying with the alternative standard requirements compared with the 0. 015 gr/ dscf particulate matter standard).

5. Revisions to the Metals Feedrate Extrapolation Procedures There are no additional recordkeeping or reporting burdens associated with the modifications to the requirements for using extrapolation to set metals feedrate limits.

6. Feedrate Limits for Nondetectable Constituents Procedures for setting feedrate limits must be contained in the comprehensive test workplan. It is estimated that 25% of facilities will need to document how they will handle non detected constituents when determining feedrate limitations. Each request is estimated to take 0. 5 hours to 12 prepare.

7. Revisions to Assist Early Compliance Sources that elect to comply early will not be required to submit a Documentation of Compliance, thus reducing reporting burden. EPA estimates that 5% of sources will comply early and will not have to prepare and submit a Documentation of Compliance.

8. Accuracy Requirements for Weight Measurement Devices Sources will still be required to specify an appropriate accuracy requirement for weight measurement devices, in lieu of the current generic requirement, and to include the requirement in the continuous monitoring system evaluation plan and test plan. Thus, the recordkeeping and reporting activity will not change.

9. Revisions to Operating Parameter Limits for Wet Scrubbers The elimination of the minimum pH operating limit for mercury is anticipated to have no significant impact on recordkeeping and reporting requirements compared with those of the final rule.

6( e) Bottom Line Burden Hour and Cost Tables Exhibit 1 shows the total bottom line burden to respondents is 292 hours at a total labor cost of $20,168 per year. This recordkeeping and reporting burden is in addition to the 67,978 hours per year and the total annualized cost (i. e., capital/ startup and O& M costs) of $1,611,000 approved under EPA ICR Request #1773.02.

Exhibit 2 shows the total bottom line burden to the Agency is 19 hours at a cost of $512 per year.

6( f) Reasons for Change in Burden This ICR shows the estimated incremental burden incurred by hazardous waste combustors as a result of the nine direct final amendments to the final rule (EPA ICR Request #1773.02). These changes include some minor new or modified reporting and recordkeeping requirements.

6( g) Burden Statement The average respondent reporting and recordkeeping burden under this ICR is estimated to be 1. 7 hours/ year per facility. Each burden component is estimated to be as follows:

 The average respondent reporting burden under this ICR is estimated to be about 1.7 hours per year per facility.

 The average respondent recordkeeping burden is estimated to be about 0 (zero) hours per 13 year per facility.

Burden means that 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 purpose 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 inclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number.

Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing the 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, N. W., Washington, DC, 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17 th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence.


[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Pages 23413-23416]
[FR Doc No: 2020-08818]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88705; File No. SR-NYSE-2020-35]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add Commentary .04 to Rule 7.35A To Provide DMMs, for a Temporary
Period, With Limited Remote Access to Floor-Based Systems

April 21, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on April 17, 2020, New York Stock Exchange LLC (``NYSE'' 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 prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to add Commentary .04 to Rule 7.35A to
provide that, for a temporary period that begins April 17, 2020, and
ends on the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange would provide a
DMM remote access to Floor-based systems for the sole purpose of
effecting a manual (1) IPO Auction, or (2) Core Open Auction in
connection with a listed company's post-IPO public offering. The
proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to add Commentary .04 to Rule 7.35A to
provide that, for a temporary period that begins April 17, 2020, and
ends on the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange would provide a
DMM remote access to Floor-based systems for the sole purpose of
effecting a manual (1) IPO Auction, or (2) Core Open Auction in
connection with a listed company's post-IPO public offering.
Background
    Since March 9, 2020, markets worldwide have been experiencing
unprecedented market-wide declines and volatility because of the
ongoing spread of COVID-19. Beginning on March 16, 2020, to slow the
spread of COVID-19 through social-distancing measures, significant
limitations were placed on large gatherings throughout the country.
    On March 18, 2020, the CEO of the Exchange made a determination
under Rule 7.1(c)(3) that, beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully

electronic trading.\4\ Pursuant to Rule 7.1(e), the CEO notified the
Board of Directors of the Exchange of this determination.
---------------------------------------------------------------------------

    \4\ The Exchange's current rules establish how the Exchange will
function fully-electronically. The CEO also closed the NYSE American
Options Trading Floor, which is located at the same 11 Wall Street
facilities, and the NYSE Arca Options Trading Floor, which is
located in San Francisco, CA. See Press Release, dated March 18,
2020, available here: https://ir.theice.com/press/press-releases/all-categories/2020/03-18-2020-204202110.
---------------------------------------------------------------------------

    On March 26, 2020, the Exchange amended Rule 7.35A to add
Commentary .02,\5\ which provides:
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 88488 (March 26,
2020) (SR-NYSE-2020-23), 85 FR 18286 (April 1, 2020) (Notice of
filing and immediate effectiveness of proposed rule change) (``Rule
7.35A Filing'').

    For a temporary period that begins on March 26, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange will permit
a DMM limited entry to the Trading Floor to effect an IPO Auction
manually. For such an IPO Auction, the Exchange will disseminate the
following Auction Imbalance Information provided by the DMM via
Trader Update: the Imbalance Reference Price; the Paired Quantity;
the Unpaired Quantity; and the Side of the Unpaired Quantity. The
Exchange will publish such Trader Update(s) promptly after each
publication by the DMM of a pre-opening indication for such
security. The Trader Update will also include the pre-opening
---------------------------------------------------------------------------
indication range.

    As described in the Rule 7.35A Filing, the Exchange added this
Commentary because, while the Trading Floor is temporarily closed,
Designated Market Makers (``DMMs'') cannot engage in any manual
actions, such as facilitating an Auction manually or publishing pre-
opening indications before a Core Open or Trading Halt Auction.
Commentary .02 to Rule 7.35A permits entry to the Trading Floor to a
single employee from the DMM member organization assigned to such
security so that this DMM can access the Floor-based systems used to
effect an Auction manually, and specifies the information that would be
included in a Trader Update in advance of such IPO Auction.
    On March 27, 2020, the Exchange effected an IPO Auction pursuant to
Commentary .02 to Rule 7.35A.
    On April 2, 2020, the Exchange amended Rule 7.35A to add Commentary
.03,\6\ which provides:
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 88546 (April 2,
2020) (SR-NYSE-2020-28), 85 FR 19782 (April 8, 2020) (Notice of
filing and immediate effectiveness of proposed rule change).

    For a temporary period that begins on April 2, 2020 and ends on
the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange will permit
a DMM limited entry to the Trading Floor to effect manually a Core
Open Auction in connection with a listed company's post-IPO public
---------------------------------------------------------------------------
offering.

    Similar to the rationale described in the Rule 7.35A Filing, the
Exchange added this Commentary because, while the Trading Floor is
temporarily closed, DMMs cannot engage in a manual Core Open Auction
for a post-IPO public offering.
    On April 2, 2020, the Exchange effected a post-IPO public offering
pursuant to Commentary .03 to Rule 7.35A
Proposed Rule Change
    The Exchange proposes to add Commentary .04 to Rule 7.35A to
provide that, for a temporary period that begins April 17, 2020, and
ends on the earlier of the reopening of the Trading Floor facilities or
after the Exchange closes on May 15, 2020, the Exchange would provide a
DMM remote access to Floor-based systems for the sole purpose of
effecting a manual (1) IPO Auction, or (2) Core Open Auction in
connection with a listed company's post-IPO public offering.
    As noted above, during the temporary period while the Trading Floor
is closed, the Exchange has permitted limited reentry to the Trading
Floor for the purposes of effecting an IPO Auction and a post-IPO
public offering. However, during this period, the business continuity
plans implemented by different DMM member organizations may not permit
one of their employees to travel to the Trading Floor for the purpose
of effecting an IPO or post-IPO public offering pursuant to Commentary
.02 or .03 to Rule 7.35A.
    Accordingly, the Exchange has developed technology that can be used
as a stopgap during the period when the Trading Floor is temporarily
closed to enable a DMM to manually effect an Auction without being
present on the Trading Floor. This technology is intended to be a
temporary solution to respond to the unique circumstances during the
period when the Trading Floor is closed as a precaution to prevent the
spread of COVID-19.
    This proposed temporary technology solution would provide a DMM
with remote access to NYSE trading systems that are located on the
Trading Floor that DMMs use to facilitate auctions manually. This
interim technology solution requires manual intervention by both the
DMM and Exchange staff for each Auction, and therefore the Exchange
does not believe it would be feasible to deploy this remote-access
technology to all securities. However, for those IPO Auctions and Core
Open Auctions for post-IPO public offerings that the Exchange believes
should be effected manually during the temporary period when the
Trading Floor is closed, this remote-access technology provides an
alternative to a DMM whose firm may determine that travel to and entry
to the Trading Floor would not be advisable or possible during this
temporary period.
    Because this limited scope remote-access technology is now
available to all DMM firms, the Exchange proposes to add Commentary .04
to Rule 7.35A to specify that the Exchange would provide a DMM remote
access to Floor-based systems for the sole purpose of effecting a
manual (1) IPO Auction, or (2) Core Open Auction for a listed company's
post-IPO public offering.
    Similar to an IPO Auction that would be effected under current
Commentary .02 to Rule 7.35A, if a DMM uses this remote-access
technology to manually effect an IPO Auction or Core Open Auction for a
post-IPO public offering, the Exchange would arrange for a Floor
Governor to be available to the DMM via telephone for such Auctions to
approve the publication of any pre-opening indications.\7\ In addition,
Exchange staff would be in communication via telephone with the lead
underwriter for such IPO Auction or Core Open Auction for a post-IPO
public offering and would separately convey to the DMM via telephone
information that the underwriter would normally convey to the DMM via a
Floor broker, such as when the underwriter has entered all interest for
such Auction.\8\ The Exchange staff person providing this communication
link would use separate telephone lines to communicate with the
underwriter and to communicate with the DMM.\9\ The Exchange will
arrange for any such calls to be

conducted via an Exchange-authorized secure teleconferencing service.
---------------------------------------------------------------------------

    \7\ See Rule 7.35A(d)(4)(A) (``Publication of a pre-opening
indication requires the supervision and approval of a Floor
Governor.'') The Exchange will arrange for a qualified ICE employee
that has been designated as a Floor Governor to perform this
function. See Rule 46(b)(v).
    \8\ Rule 36.30 provides that a DMM unit may maintain a telephone
line at its stock trading post to the off-Floor offices of the DMM
unit, the unit's clearing firm, or to persons providing non-trading
related services. Accordingly, pursuant to this Rule, on the Trading
Floor, a DMM cannot have a telephone line that connects to an
underwriter for an IPO. With this proposed remote-access
functionality, the Exchange proposes that DMMs would similarly not
communicate directly with the underwriter.
    \9\ Depending on the circumstances of when the relief in this
proposed rule change would be required, it is likely that the
Exchange staff person facilitating the remote access for the DMM
would also be working remotely and not on Exchange premises. In
addition, the Exchange staff person providing such access may also
be the Exchange staff person communicating with the underwriter and
serving as the Floor Governor for this transaction.
---------------------------------------------------------------------------

    Similar to an IPO Auction effected pursuant to Commentary .02 to
Rule 7.35A, if a DMM manually effects an IPO Auction pursuant to
proposed Commentary .04 to Rule 7.35A, the Exchange would disseminate
the following Auction Imbalance Information provided by the DMM via
Trader Update: The Imbalance Reference Price; the Paired Quantity; the
Unpaired Quantity; and the Side of the Unpaired Quantity. The Exchange
would publish such Trader Update(s) promptly after each publication by
the DMM of a pre-opening indication for such security. The Trader
Update would also include the pre-opening indication range.
    Because publishing such Trader Updates would be a manual process,
the Exchange proposes to disseminate a Trader Update following each
publication of a pre-opening indication by the DMM.\10\ The Exchange
proposes to include in the Trader Update information that a DMM would
convey on the Trading Floor during normal operations:
---------------------------------------------------------------------------

    \10\ Pre-opening indications are disseminated on both
proprietary and SIP data feeds. See Rule 7.35A(d).
---------------------------------------------------------------------------

     The Imbalance Reference Price, which is the reference
price that is used for the applicable Auction to determine the Auction
Imbalance Information.\11\ However, unlike the Imbalance Reference
Price used for the Core Open Auction, which is a static number, the
Imbalance Reference Price that would be included in a Trader Update for
an IPO Auction would be a prospective opening price manually selected
by the DMM based on the interest in the Book at that time. The
Imbalance Reference Price would be updated by the DMM as buy and sell
interest in the Book updates.
---------------------------------------------------------------------------

    \11\ See Rule 7.35(a)(10).
---------------------------------------------------------------------------

     The Paired Quantity, which is the volume of better-priced
and at-priced buy shares that can be paired with better-priced and at-
priced sell shares at the Imbalance Reference Price.\12\
---------------------------------------------------------------------------

    \12\ See Rule 7.35(a)(4)(B).
---------------------------------------------------------------------------

     The Unpaired Quantity, which is the volume of at-priced
buy or sell shares that cannot be paired at the Imbalance Reference
Price.
     The Side of the Unpaired Quantity, which is the side (buy
or sell) that cannot be paired at the Imbalance Reference Price.
    The Exchange believes that, in the absence of Floor brokers, this
proposed rule change would promote transparency in advance of an IPO
Auction that would be manually effected by the DMM remotely while the
Trading Floor is closed.
    The Exchange has tested with each active DMM firm and relevant
Exchange staff the proposed interim technology to provide DMMs remote
access to the Floor-based systems that would be used to effect a manual
(1) IPO Auction; or (2) Core Open Auction in connection with a listed
company's post-IPO public offering. Accordingly, the Exchange would be
able to implement the proposed rule change immediately upon
effectiveness of this filing.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\13\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\14\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As a result of uncertainty related to the ongoing spread of COVID-
19, the U.S. equities markets are experiencing unprecedented market
volatility. In addition, social-distancing measures have been
implemented throughout the country, including in New York City, to
reduce the spread of COVID-19. Directly related to such social-
distancing measures, the CEO of the Exchange made a determination under
Rule 7.1(c)(3) that beginning March 23, 2020, the Trading Floor
facilities located at 11 Wall Street in New York City would close and
the Exchange would move, on a temporary basis, to fully electronic
trading.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would promote fair and orderly IPO
Auctions or Core Open Auctions in connection with a listed company's
post-IPO public offering. The Exchange believes that it would promote
fair and orderly markets to provide the DMM with mechanisms to
facilitate such Core Open Auctions manually because it would provide
flexibility for the DMM to consider information from the underwriter
when determining when to conduct the Core Open Auction and at what
price.
    The Exchange believes that providing DMMs with limited remote
access to Floor-based trading systems to manually effect an IPO Auction
or Core Open Auction for a listed company's post-IPO public offering
would remove impediments to and perfect the mechanism of a free and
open market and a national market system because it would provide
flexibility to DMMs who may determine that travel to and entry to the
Trading Floor would not be advisable or possible during this temporary
period. The Exchange believes that providing this stopgap would promote
fair and orderly markets by providing the DMM with a limited-use
mechanism to facilitate such Auctions manually so the DMM could
consider information from the underwriter when determining when to
conduct the IPO Auction or specified Core Open Auction and at what
price.
    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would promote fair and orderly IPO
Auctions on the Exchange by allowing the Exchange to disseminate
specified Auction Imbalance Information in advance of such auctions.
The proposed rule change would therefore promote transparency in
advance of an IPO Auction that would be manually effected by a DMM
remotely while the Trading Floor is closed.
    The Exchange believes that, by clearly stating that this relief
will be in effect through the earlier of the reopening of the Trading
Floor facilities or the close of the Exchange on May 15, 2020, market
participants will have advance notice that an IPO Auction or Core Open
Auction in connection with a post-IPO public offering may be effected
manually by the DMM during this period, and therefore may not be
conducted at 9:30 a.m.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues but rather is designed
to ensure fair and orderly IPO Auctions or Core Open Auctions in
connection with a listed company's post-IPO public offering by
providing a DMM with remote access to Floor-based systems for the sole
purpose of effecting such Auctions manually during a temporary period
when the Exchange Trading Floor has been closed

in response to social-distancing measures designed to reduce the spread
of the COVID-19 virus.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \15\ and Rule 19b-4(f)(6) thereunder.\16\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \17\ and Rule 19b-
4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \19\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\20\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange states that
the proposed rule change is designed to ensure fair and orderly IPO
Auctions and Core Open Auctions in connection with a listed company's
post-IPO public offering during this temporary period. The Exchange
believes that the proposed rule change would provide greater certainty
to prospective listed companies that an IPO Auction could be conducted
by the DMM manually in a company's security either on the Trading Floor
or remotely, and that, in either case, the DMM would be able to receive
up-to-date information about the offering from the underwriter and
manually price the IPO Auction. The Commission believes that the
proposed rule change would provide flexibility to a DMM who cannot
travel to the Trading Floor to effect a manual IPO Auction or Core Open
Auction. The Commission notes that the Exchange represented that it has
already tested its remote access technology and that the Exchange is
able to implement the proposed rule change immediately. Further, the
Commission notes that the Exchange proposes to include in the Trader
Update information that a DMM would normally convey on the Trading
Floor during regular operations. Lastly, the Commission notes that the
proposal is a temporary measure designed to respond to current,
unprecedented market conditions. For these reasons, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\21\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6).
    \20\ 17 CFR 240.19b-4(f)(6)(iii).
    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-35 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-NYSE-2020-35. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2020-35, and should be submitted on
or before May 18, 2020.
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12), (59).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-08818 Filed 4-24-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57584-57585]
[DOCID:fr03oc05-80]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL05-53-002 and ER05-129-002]

Southern Company Services, Inc. Notice of Compliance Filing

 September 23, 2005.
    Take notice that on August 29, 2005, Southern Company Services,
Inc. (SCS) acting as agent for Alabama Power

Company, Georgia Power Company, Gulf Power Company, Mississippi Power
Company, and Savannah Electric and Power Company (collectively,
Southern Companies) tendered for filing a revised ``Description of
Formula Rate for Operation and Maintenance Charges for Interconnection
Facilities'' pursuant to the Commission Order issued July 28, 2005, in
this proceeding. 112 FERC ] 61,145(2005).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 3, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5368 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Notices]
[Page 19917-19918]
[DOCID:fr20ap07-53]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER07-748-000]

New York Independent System Operator, Inc.; Notice of Filing

April 16, 2007.
    Take notice that on April 16, 2007, New York Independent System
Operator, Inc., pursuant to Section 205 of the Federal Power Act, filed
revisions to its Market Administration and Control Area Services tariff
and its Open Access Transmission Tariff to establish margin restoration
payments, and recovery mechanisms, for units complying with a specific
local reliability rule and a request for expedited action, including
alternative request for a shorten comment period.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the

Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on April 26, 2007.

Philis J. Posey,
Deputy Secretary.
 [FR Doc. E7-7512 Filed 4-19-07; 8:45 am]

BILLING CODE 6717-01-P


Technical Support Document for Utah's Subpart 4 PM2.5 SIP Submittals of the Provo; Salt Lake; and Logan, UT-ID Nonattainment Areas
           Public Comment Period from November 1 to December 1, 2014

1) Inventory, General
     1.a) Overview
     1.b) Inventory Preparation Plan
     1.c)  Multi-State Nonattainment Area Considerations

2)  Episodic Inventories
     2.a)  General
          2.a.i)  Overview
          2.a.ii)  Summary Tables
               2.a.ii.A)  Episode Summary:  SMOKE Output - All Categories Tons/Episode Day
                    2.a.ii.A.I)         Episode 1: 1/11/007-1/20/2007 (10 days)
                    2.a.ii.A.II)        Episode 2:  2/14/2008  -  2/18/2008 (5 days)
                    2.a.ii.A.III)       Episode 3:  12/8/2009 - 1/20/2012 (44 days)

               2.a.ii.B)  Summary by Non-Attainment Area -- All Categories Tons/avg Episode Day
                    2.a.ii.B.I)          Episode 1:  1/11/2007  -  1/20/2007 (10 days)
                    2.a.ii.B.II)        Episode 2:  2/14/2008 - 2/18/2008 (5 days)
                    2.a.ii.B.III)       Episode 3: 12/8/2009  -  1/20/2010 (44 days)

               2.a.ii.C)  SMOKE Profiles
                    2.a.ii.C.I)          States/County Area in Modeling Domain
                    2.a.ii.C.II)         County Populations in Modeling Domain
                    2.a.ii.C.III)        Profile Codes

     2.b)  Point Sources
          2.b.i)  Overview
          2.b.ii)  Summary Tables
               2.b.ii.A)  Point Emissions Summary by Non-Attainment Area: SMOKE
                                         Output  -  Tons/Average Episode Day"
                    2.b.ii.A.I)         Episode 1:  1/11/2007  -  1/20/2007 (10 days)
                    2.b.ii.A.II)        Episode 2:  2/14/2008  -  2/18/2008 (5 days)
                    2.b.ii.A.III)      Episode 3:  12/8/2009  -  1/20/2010 (44 days)

               2.b.ii.B)  Point Source Summary by Company -- Non-attainment Area:  SMOKE
                                  Output -- Tons/Average Episode Day"
                    2.b.ii.B.I)         Episode 1: 1/11/2007  -  1/20/2007 (10 days)
                    2.b.ii.B.II)        Episode 2:  2/14/2008  -  2/18/2008 (5 days)
                    2.b.ii.B.III)       Episode 3:  12/8/2009  -  1/20/2010 (44 days)

          2.b.iii)  Point Source Inventory Development Details (pre-SMOKE processing)
               2.b.iii.A)  2008 point source actual annual emissions
               2.b.iii.B)  Table of sources that stayed unchanged according to questionnaire responses
               2.b.iii.C)  Table of sources that changed according to questionnaire responses  -  by episode
               2.b.iii.D)  Table of sources that reported breakdown/excess emissions according to
                                  questionnaire responses by episode"
               2.b.iii.E)  Appendix 1: Employment Data and Methods
                    2.b.iii.E.I)       Development of Projection Data and Episode Inventories
                    2.b.iii.E.II)      Employment Projection Data

               2.b.iii.F)  Appendix 2:  Questionnaire Letters and Data
                    2.b.iii.F.I)        First Form Questionnaire Letter
                    2.b.iii.F.II)       Second Form Questionnaire Letter
                    2.b.iii.F.III)      Episode Breakdown And Excess Emissions
                    2.b.iii.F.IV)      Episode Production Calculations

     2.c)  Area Sources
          2.c.i)  Overview
          2.c.ii)  Summary Tables
               2.c.ii.A)  Area/Nonpoint Sources by NA: SMOKE Output-Tons/Average Episode Day
                    2.c.ii.A.I)         Episode 1:  1/11/2007  -  1/20/2007 (10 days)
                    2.c.ii.A.II)        Episode 2: 2/14/2008  -  2/18/2008 (5 days)
                    2.c.ii.A.III)        Episode 3: 12/8/2009  -  1/20/2010 (44 days)

               2.c.ii.B)  Area/Nonpoint Sources by Sector: SMOKE Output-Tons/Average Episode Day
                    2.c.ii.B.I)          Area/Nonpoint Sources by Sector:  SMOKE Output-Summary of All Pollutants
                         2.c.ii.B.I.1)     Episode 1: 1/11/2007  -  1/20/2007 (10 days)
                         2.c.ii.B.I.2)     Episode 2: 2/14/2008  -  2/18/2008 (5 days)
                         2.c.ii.B.I.3)     Episode 3: 12/8/2009  -  1/20/2010 (44 days)

                    2.c.ii.B.II)         Area/Nonpoint Sources by Non-Attainment Area  -  Sector
                        2.c.ii.B.II.1)     Episode 1: 1/11/2007  -  1/20/2007 (10 days)
                        2.c.ii.B.II.2)     Episode 2: 2/14/2008  -  2/18/2008 (5 days)
                        2.c.ii.B.II.3)     Episode 3: 12/8/2009  -  1/20/2010 (44 days)

                  2.c.ii.B.III)         Area/Nonpoint Sources by NA  -  County  -  Sector  -  With Temporal
                                                 Profile Codes by SCC"
                        2.c.ii.B.III.1)    Episode 1:  1/11/2007  -  1/20/2007 (10 days)
                        2.c.ii.B.III.2)    Episode 2: 2/14/2008  -  2/18/2008 (5 days)
                        2.c.ii.B.III.3)    Episode 3: 12/8/2009  -  1/20/2010 (44 days)

                  2.c.ii.B.IV)         Area/Nonpoint Sources by Non-Attainment Area  -  by Pollutant  -  Sector
                        2.c.ii.B.IV.1)    Episode 1: 1/11/2007  -  1/20/2007 (10 days)
                             PM2.5
                             NOX
                             VOC
                             NH3
                             S02
                             CO

                       2.c.ii.B.IV.2)    Episode 2:  2/14/2008 -- 2/18/2008 (5 days)
                             PM2.5
                             NOX
                             VOC
                             NH3
                             S02
                             CO

                       2.c.ii.B.IV.3)    Episode 3:  12/8/2009  -  1/20/2010 (44 days)
                             PM2.5
                             NOX
                             VOC
                             NH3
                             S02
                             CO

               2.c.ii.C)  SMOKE Distribution/Apportionment Tables
                    2.c.ii.C.I)      States/County Area in Modeling Domain
                    2.c.ii.C.II)     County Populations in Modeling Domain
                    2.c.ii.C.III)    Temporal Profile Code

          2.c.iii)  Estimation Methods
               2.c.iii.A)  Area Activity Data Sources
               2.c.iii.B)  Sources

          2.c.iv)   2007  -  2010 Episode Years
               2.c.iv.A)   Annual Emissions Summary Tables
               2.c.iv.B)   Area Source Categories

     2.d)  Non-Road Mobile Sources
          2.d.i)  Non-Road Sources by NA:  SMOKE Output -- Tons/Average Episode Day
               2.d.i.A)      Episode 1:  1/11/2007  -  1/20/2007 (10 days)
               2.d.i.B)       Episode 2: 2/14/2008  -  2/18/2008 (5 days)
               2.d.i.C)       Episode 3: 12/8/2009  -  1/20/2010 (44 days)

          2.d.ii)  Non-Road Sources by Sector:  SMOKE Output -- Tons/Average Episode Day
               2.d.ii.A)      Episode 1: 1/11/2007  -  1/20/2007 (10 days)
               2.d.ii.B)      Episode: 2/14/2008  -  2/18/2008 (5 days)
               2.d.ii.C)      Episode 3: 12/8/2009  -  1/20/2010 (44 days)

          2.d.iii)  Non-Road Sources:  PM2.5 Emissions Inventories for PM2.5 SIP Base Years

     2.e)  On-Road Mobile Sources
          2.e.i)  On-Road Sources -- Episode Summary:  SMOKE output -- Episode Tons/Average Day
               2.e.i.A)      Episode 1: 1/11/2007  -  1/20/2007 (10 days)
               2.e.i.B)      Episode: 2/14/2008  -  2/18/2008 (5 days)
               2.e.i.C)      Episode 3: 12/8/2009  -  1/20/2010 (44 days)

          2.e.ii)  On-Road Mobile Source SIP Inventory -- EPAMOVES2010a Overview

          2.e.iii)  On-Road Sources:  PM2.5 Emissions Inventories for PM2.5 SIP Base Years

3)  Baseline and Projected Inventories
     3.a)  General
          3.a.i)  Overview
          3.a.ii)  Post SMOKE Summary Tables: 2010, 2015

     3.b)  Point Sources
          3.b.i)  Baseline Overview and Methods
               3.b.i.A)  Table 1:  2008 Pre SMOKE Point Source Data Tables
               3.b.i.B)  Table 2:  2010 Pre SMOKE Point Source Baseline Data Table

          3.b.ii)  Projections Overview and Methods
               3.b.ii.A)  Table 1:  2008 True-Up Adjusted Pre SMOKE Point Source Data Table
               3.b.ii.B)  Table 2:  Source Reporting Site Specific Growth Factors and Data
               3.b.ii.C)  Table 3: Projected Annual Emissions (Condensables and RACT Included) for 2015

          3.b.iii)  Post SMOKE Point Source Summary Tables:  2010, 2015

          3.b.iv)  Appendix 1 - Employment by Area and Industry

      3.c)  Area Sources
          3.c.i)  Overview:  Baseline and Projection Inventories
          3.c.ii)  Post SMOKE Area Source Summary Tables:  2010, 2015
          3.c.iii)  Estimation Methods
               3.c.iii.A)  Activity Data and Sources
               3.c.iii.B)  Sources

           3.c.iv)  Baseline & Projected Years Tables
               3.c.iv.A)  Emissions Summary Tables
               3.c.iv.B)  Categories Tables

     3.d)  Non-Road Mobile Sources
          3.d.i)  Overview and Emissions Inventories  --  Baseline and Projected Years
          3.d.ii)  Post SMOKE Non-Road Summary Tables:  2010, 2015

     3.e)  On-Road Mobile Sources
          3.e.i)  Overview
          3.e.ii)  Post SMOKE On-Road Summary Tables:  2010, 2015
          3.e.iii)  On-Road Mobile Sources:  PM2.5 Emissions Inventories for PM2.5 SIP

4)  Air Quality Modeling
     4.a)  Meteorological Modeling
     4.b)  SMOKE
     4.c)  CMAQ Modeling
     4.d)  MATS
     4.e)  Weight of Evidence

5)  Control Strategies
     5.a) Background and Overview
     5.b)  Area Sources
         5.b.i)  Area Source Control Strategies:  Background and Table
                        R307-302.  Residential Fireplaces and Solid Fuel Burning Devices
                        R307-303.  Commercial Cooking
                       R307-307.  Road Salting and Sanding
                       R307-309.  Fugitive Emissions and Fugitive Dust
                       R307-312.  Aggregate Processing Operations
                       R307-335.  Degreasing and Solvent Cleaning Operations
                       R307-342.  Adhesives and Sealants
                      R307-343.  Emission Standards for Wood Furniture Manufacturing Operations
                      R307-344.  Paper, Film and Foil Surface Coatings
                      R307-345.  Fabric and Vinyl Coatings
                      R307-346.  Metal Furniture Surface Coatings
                      R307-347.  Large Appliance Surface Coatings
                      R307-348.  Magnet Wire Coatings
                      R307-349.  Flat Wood Panel Coatings
                      R307-350.  Miscellaneous Metal Parts and Products Coatings
                     R307-351.  Graphic Arts
                     R307-352.  Metal Container, Closure, and Coil Coatings
                     R307-353.  Plastic Parts Coatings
                     R307-354.  Automotive Refinishing Coatings
                     R307-355.  Control of Emissions from Aerospace Manufacture and Rework Facilities
                     R307-356.  Appliance Pilot Light
                     R307-357.  Consumer Products
                     R307-361.  Architectural Coatings
         5.b.ii.A)  RACT Analysis for 2014 Area Source Rule Amendments
         5.b.ii.B)  Final Area Source Rules for 2014 Amendments
      5.b.iii)  Area Source Ammonia Reasonable Available Control Technology (RACT)

    5.c)  Point Sources
     5.c.i)     Overview
     5.c.ii)     RACT SUMMARY TABLE
     5.c.iii)   RACT/RACM Evaluation Reports
A-General refinery requirements
B-Big West OIl Refinery
C-Chevron Salt Lake refinery
D-Holly refinery
E-Tesoro salt lake city refinery
F-Kennecott Utah Copper LLC Smelter, Refinery & Map
G-Kennecott Utah Copper LLC-Power Plant
H-Kennecott Utah Copper LLC-BCM
I-Nucor Steel
J-Vulcraft and Nucor Building Systems
K-Proctor and Gamble Paper Products Company
L-Great Salt Lake Minerals
M-ATK Launch Systems Inc
N-Hill Air Force Base
O-Wasatch Integrated Waste Management District
P-Bountiful City Light and Power  -  Power Plant
Q-Pacificorp energy  -  Gadsby Power Plant
R-Constellation Energy Resources Generation II, LLC
S-University of Utah
T-hexcel corporation
U-central valley water reclamation facility
V-Olympia Sales Company
W-Chemical Lime Company  -  Lhoist North America
X-Payson City Power
Y-Provo City Power  -  Power Plant
Z-Pacificorp  -  Lake Side Power Plant
ZA-Springville City Corporation  -  Whitehead Power Plant
ZB-Brigham Young University
ZC-Geneva Nitrogen LLC
ZD-PacifiC states cast iron pipe company

     5.d)  Non-Road Mobile Sources
     5.e)  On-Road Mobile Sources
         5.e.i)  RACM Analysis for the Logan, UT-ID Nonattainment Area

6)  Contingency Measure Effectiveness

7)  CD of Inventory Data Files
     PM 2.5 MOVES files
     MATS Input Files

8)  CD of Point Source Projection and Inventory Data Files
      Point Source Emissions Inventories
      Point Source True-up, Projections and RACT


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26741-26742]
[FR Doc No: 2014-10708]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-1380-000; ER14-500-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Emergency Motion of Central Hudson Gas & Electric
Corporation for Expeditious Rulings or, Alternatively, for a Stay of
Capacity Auctions for the NCZ in New York's Lower Hudson Valley and
Motion for Shortened Response Time of Three Business Days.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5551.
    Comments Due: 5 p.m. ET 5/7/14.

    Docket Numbers: ER14-1683-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per: 2014-05-02--SA Geronimo-ITC GIA (J281 J282)
Supplement to be effective N/A.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5177.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1858-000.
    Applicants: Consolidated Power Co., LLC.
    Description: Consolidated Power Co., LLC FERC Tariff Filing to be
effective 5/15/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5096.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1859-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-05-02 Tx Developer Sector to Advisory Committee
to be effective 7/2/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5111.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1860-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp submits tariff filing per 35.13(a)(2)(iii:
BPA AC Intertie Agreement 10th Revised to be effective 7/2/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5143.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1861-000.
    Applicants: ITC Great Plains, LLC.
    Description: ITC Great Plains, LLC submits tariff filing per
35.13(a)(2)(iii: Joint Ownership Agreement to be effective 7/1/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5152.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1862-000.
    Applicants: Virginia Electric and Power Company.
    Description: Virginia Electric and Power Company submits tariff
filing per 35: Compliance Filing--VEPCO MBR Tariff Bus. Development
Waiver to be effective 5/5/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5153.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1863-000.
    Applicants: Kiwi Energy Inc.
    Description: Kiwi Energy Inc. submits tariff filing per 35.15:
Notice of Cancellation to be effective 7/1/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5176.
    Comments Due: 5 p.m. ET 5/23/14.

    Docket Numbers: ER14-1864-000.
    Applicants: Virginia Electric and Power Company.
    Description: Virginia Electric and Power Company submits tariff
filing per 35: Compliance Filing--VEPCO MBS Tariff Bus. Development
Waiver to be effective 5/3/2014.
    Filed Date: 5/2/14.
    Accession Number: 20140502-5202.
    Comments Due: 5 p.m. ET 5/23/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 2, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-10708 Filed 5-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Notices]
[Page 42419-42421]
[DOCID:fr26jy06-115]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. ICR-1218-0205 (2006)]

Personal Protective Equipment (PPE) Standards for General
Industry; Extension of the Office of Management and Budget's (OMB)
Approval of Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements specified in its
standards on PPE for General Industry.

DATES: Comments must be submitted by the following dates:
    Hard copy: Your comments must be submitted (postmarked or received)
by September 25, 2006.
    Fascimile and electronic transmission: Your comments must be
received by September 25, 2006.

ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0205(2006), by any of the following methods:
    Regular mail, express delivery, hand delivery, and messenger
service: Submit you comments and attachments to the OSHA Docket Office,
Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number is
(877) 889-5627). OSHA Docket Office and

Department of Labor hours are 8:15 a.m. to 4:45 p.m., e.t.
    Facsimile: If your comments are 10 pages or fewer, including
attachments, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Electronic: You may submit coments through the Internet at http://ecomments.osha.gov.
 Follow instructions on the OSHA Web page for

submitting comments.
    Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In

addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Theda Kenney at the below to obtain a copy of the
ICR. For additional information on submitting comments, please see the
``Public Participation'' section in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue,
NW., Washington, DC 20210; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporint burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate.
    The Occupational Safety and Health Act of 1970 (the OSH Act) (29
U.S.C. 651 et seq.) authorizes information collection by employers as
necessary or appropriate for its enforcement or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small busineses, and to reduce to
the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The general industry PPE standards (29 CFR part 1910, subpart I)
include several paperwork requirements.\1\ The following Describe the
information collection requirements:
---------------------------------------------------------------------------

    \1\ The Information Collection Request (ICR) does not include
burden hours and costs associated with the information collection
requirements in the standards on respiratory Protection (29 CFR
1910.134) and Electrical Protective Equipment (29 CFR 1910.137),
both of which have been addressed in separate Information collection
Requests (ICRs). See OMB Control Nos. 1218-0099 and 1218-0190,
respectively.
---------------------------------------------------------------------------

    Hazard Assessment and Verification (29 CFR 1910.132(d)). Paragraph
(d)(1) requires that the employer assess work activities to determine
whether there are hazards present, or likely to be present, which
necessitate the employee's use of PPE. If such hazards are present, or
likely to be present, the employer must communicate selection decisions
to affected employees and verify that the required occupational hazard
assessment has been performed. Paragraph (d)(2) requires that the
verification document, which must be identified as a certification of
hazard assessment, must contain the following information: occupation,
the date(s) of the hazard assessment, and the name of the person
performing the hazard assessment.\2\
---------------------------------------------------------------------------

    \2\ Paragraph (g) of Sec.  1910.132 specifies that the section's
hazard assessment (paragraph (d)) and training (paragraph (f))
requirements only apply to PPE for the eyes and face, head, feet and
hands.
---------------------------------------------------------------------------

    The hazard assessment assures that potential workplace hazards
necessitating PPE use have been identified and that the PPE selected is
appropriate for those hazards and the affected employees. The required
certification of the hazard assessment verifies that the required
hazard assessment was conducted.
    Training and Verification (29 CFR 1910.132(f)). Paragraph (f)
requires that employers provide training for each employee who is
required to wear PPE. Paragraph (f)(3) requires that employers also
provide retraining when there is reason to believe that any previously
trained employee does not have the understanding and skill to use PPE
properly. Circumstances where such retraining is required include
changes in the workplace or in the types of PPE used that render prior
training obsolete, and inadequacies in the employee's knowledge or use
of PPE that indicate the employee had not retained the requisite
understanding and skill.
    Paragraph (f)(4) requires that employers certify that employees
have received and understood the PPE training required in Sec.
1910.132(f). The training certification must include the name of the
employee(s) trained, the date of training, and the subject of the
certification (i.e., a statement identifying the document as a
certification of training in the use of PPE).
    The training certification verifies that employees have received
the necessary training and know how to properly use PPE. OSHA
compliance officers may require employers to disclose the certification
records during an Agency inspection.
    The part 1910 standards on PPE protection for the eyes and face
(Sec.  1910.133), head (Sec.  1910.135), feet (Sec.  1910.136), and
hands (Sec.  1910.138) do not contain any separate information
collection requirements.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requiring OMB to extend their approval of the collection of
information requirements contained in the general industry PPE
standards. The Agency is requesting an increase in burden hours for the
existing collection of information requirements from 3,169,344 to
3,953,759 (a total increase of 784,415 hours). The Agency will
summarize the comments submitted in response to this notice, and will
include this summary in its request to OMB.
    Type of Review: Extension of currently approved information
collection requirement.
    Title: Personnel Protective Equipment (PPE) Standards for General
Industry (29 CFR part, 1910, subpart I).
    OMB Number: 1218-0205.
    Affected Public: Business or other for-profits; Federal
Governments; State, local or tribal government; Not-for-profit
institutions.
    Number of Respondents: 3,400,000.
    Frequency: On occasion.
    Average Time per Response: Varies from one minute (.02 hour) to
maintain a training certification record to 29 hours to perform a
hazard assessment.

    Estimated Total Burden Hours: 3,953,759.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Web page. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY)<PHONE_NUMBER>) for information about security procedures
concerning the delivery of submissions by express delivery, hand
delivery, and courier service.
    Comments, submissions, and background documents are available for
inspection and copying at the OSHA Docket Office at the above address.
Comments and submissions posted on OSHA's Web page are available at
http://www.OSHA.gov. Contact the OSHA Docket Office for information

about materials not available through the OSHA Web page and for
assistance in using the Web page to locate docket submissions.
    Electronic copies of this Federal Register notice as well as other
relevant documents are available on OSHA's Web page. Since all
submissions become public, private information such as social security
numbers should not be submitted.

V. Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2002 (67 FR
65008).

    Signed at Washington, DC, on July 19, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. 06-6487 Filed 7-25-06; 8:45 am]

BILLING CODE 4510-26-M