[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40829-40830]
[FR Doc No: 2014-16366]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72558; File No. SR-ISEGemini-2014-21]

Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Schedule of Fees

July 8, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 1, 2014, ISE Gemini, LLC (the ``Exchange'' or ``ISE
Gemini'') filed with the Securities and Exchange Commission the
proposed rule change, as described in Items I and II below, which items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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

    ISE Gemini is proposing to amend its Schedule of Fees to introduce
a new higher maker rebate for Priority Customer orders from Tier 1
members that execute a set volume of Priority Customer Maker contracts
in a given month. The text of the proposed rule change is available on
the Exchange's Internet Web site at http://www.ise.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 Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend the Schedule of
Fees to introduce a new higher maker rebate for Priority Customer
orders from Tier 1 members that execute a set volume of Priority
Customer Maker contracts in a given month.\3\ The Exchange's Schedule
of Fees has separate tables for fees applicable to Standard Options and
Mini Options. The Exchange notes that while the discussion below
relates to fees for Standard Options, the fees for Mini Options, which
are not discussed below, are and shall continue to be 1/10th of the
fees for Standard Options.
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    \3\ A Tier 1 member is a member that does not qualify for Tier 2
or above by executing a Total Affiliated Member ADV of 50,000
contracts, Priority Customer Maker ADV of 20,000 contracts, or a
Total Affiliated Member ADV of 40,000 contracts with a minimum
Priority Customer Maker ADV of 15,000 contracts.
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    Currently, Priority Customer orders that add liquidity on ISE
Gemini are provided a maker rebate in Penny Symbols and SPY of $0.25
per contract for Tier 1, $0.40 per contract for Tier 2, $0.46 per
contract for Tier 3, $0.48 per contract for Tier 4, and $0.50 per
contract for Tier 5. In Non-Penny Symbols this maker rebate is $0.75
per contract for Tier 1, $0.80 per contract for Tier 2, and $0.85 per
contract for Tier 3 and above.
    In order to incentivize members to bring their Priority Customer
orders to ISE Gemini, the Exchange now proposes to provide a higher
maker rebate to Tier 1 members that execute a set volume of Priority
Customer Maker contracts in a given month. In particular, Tier 1
members that execute a Priority Customer Maker average daily volume
(``ADV'') of 5,000 to 19,999 contracts in a given month will qualify
for the new maker rebates for their Priority Customer orders.\4\
Priority Customer orders executed by members that meet the volume
requirements for this new ``sub-tier'' will be entitled to a maker
rebate of $0.32 per contract for Penny Symbols and SPY, and $0.76 per
contract for Non-Penny Symbols.
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    \4\ Members that execute a Priority Customer Maker ADV of 20,000
contracts or more in a given month would qualify for the higher
maker rebates applicable to Tier 2 or above.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and Section
6(b)(4) of the Act,\6\ in particular, in that it is designed to provide
for the equitable allocation of reasonable dues, fees, and other
charges among its members and other persons using its facilities.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee change is reasonable
and equitable as the new maker rebate is designed to attract additional
order flow from members that do not qualify for any of the higher maker
rebate tiers but nevertheless execute a significant volume of
liquidity-adding Priority Customer contracts on ISE Gemini. The
Exchange believes that providing higher maker rebates for Priority
Customer orders executed by members that are not able to reach the
higher volume thresholds for Tier 2 but have achieved the volume
threshold for this new ``sub-tier'' will attract that order flow to ISE
Gemini, and thereby create additional liquidity to the benefit of all
market participants who trade on the Exchange. The Exchange further
believes that the proposed rule change is not unfairly discriminatory
as all members that achieve the new volume threshold will receive the
same maker rebate for their Priority Customer orders. The Exchange does
not believe that it is unfairly discriminatory to offer this higher
rebate only to Priority Customer orders as this is the order flow that
the Exchange is trying to attract, and all market participants will
benefit from the increased liquidity.
    The Exchange notes that it has determined to charge fees and
provide rebates in Mini Options at a rate that is 1/10th the rate of
fees and rebates the Exchange provides for trading in Standard Options.
The Exchange believes it is reasonable and equitable and not unfairly
discriminatory to assess lower fees and rebates to provide market
participants an incentive to trade Mini Options on the Exchange. The
Exchange believes the proposed fees and rebates are reasonable and
equitable in light of the fact that Mini Options have a smaller
exercise and assignment value, specifically 1/10th that of a standard
option contract, and, as such, is providing fees and rebates for Mini
Options that are 1/10th of those applicable to Standard Options.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance

of the purposes of the Act. To the contrary, the Exchange believes that
the proposed fee change will promote competition as it is designed to
allow ISE Gemini to better compete for order flow by offering higher
rebates to Priority Customer orders executed by certain members that do
not currently qualify for any of the higher rebate tiers. The Exchange
operates in a highly competitive market in which market participants
can readily direct their order flow to competing venues. In such an
environment, the Exchange must continually review, and consider
adjusting, its fees to remain competitive with other exchanges. For the
reasons described above, the Exchange believes that the proposed fee
changes reflect this competitive environment.
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    \7\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\9\ 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.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-ISEGemini-2014-21 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-ISEGemini-2014-21. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISEGemini-2014-21 and should
be submitted on or before August 4, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16366 Filed 7-11-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11568-11569]
[FR Doc No: 2021-03850]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91166; File No. SR-ICEEU-2021-005]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to Part BB of the ICE Clear Europe Delivery Procedures

February 19, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 12, 2021, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared by ICE Clear
Europe. ICE Clear Europe filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)(ii) \4\
thereunder, such that the proposed rule change was immediately
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed amendments is for ICE Clear
Europe to make certain amendments to Part BB of its Delivery Procedures
to clarify the delivery specifications relating to Containerised White
Sugar futures contracts in order to facilitate identification of sugar
eligible for delivery under the contract.\5\
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    \5\ Capitalized terms used but not defined herein have the
meanings specified in the ICE Clear Europe Clearing Rules (the
``Rules'').
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend Part BB of its Delivery
Procedures to clarify the delivery specifications relating to
Containerised White Sugar contracts. The proposed amendments would
provide that such contracts relate to specified sugar of any origin of
the crop or production current on the first day of the delivery period
(instead of referencing the crop at the time of delivery). The change
would facilitate identification of sugar eligible for delivery under
the contract.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to Part BB
of the Delivery Procedures are consistent with the requirements of
Section 17A of the Act \6\ and the regulations thereunder applicable to
it. In particular, Section 17A(b)(3)(F) of the Act \7\ requires, among
other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, the safeguarding of securities and funds
in the custody or control of the clearing agency or for which it is
responsible, and the protection of investors and the public interest.
The proposed changes to the Delivery Procedures are designed to
strengthen ICE Clear Europe's arrangements and delivery procedures
relating to Containerised White Sugar contracts. The amendments would
clarify that Containerised White Sugar contracts relate to specified
sugar of any origin of the crop or production current on the first day
of the delivery period (rather than at the time of delivery). The
amendments do not otherwise change the terms and conditions of the
contracts, and the contracts will continue to be cleared by ICE Clear
Europe in the same manner as they are currently. In ICE Clear Europe's
view, the amendments are thus consistent with the prompt and accurate
clearance and settlement of cleared contracts and the protection of
investors and the public interest. (ICE Clear Europe would not expect
the amendments to affect the safeguarding of securities and funds in
ICE Clear Europe's custody or control or for which it is responsible).
Accordingly, the amendments satisfy the requirements of Section
17A(b)(3)(F).\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, Rule 17Ad-22(e)(10) \9\ requires that each covered
clearing agency ``establish and maintain transparent written standards
that state its obligations with respect to the delivery of physical
instruments, and establish and maintain operational practices that
identify, monitor and manage the risks associated with such physical
deliveries.'' As discussed above, the amendments would clarify the
delivery specifications for Containerised White Sugar contracts to
facilitate identification of sugar eligible for delivery under the
contracts. The amendments would not otherwise change the manner in
which the contracts are cleared or in which delivery is made, as
supported by ICE Clear Europe's existing financial resources, risk
management, systems and operational arrangements. The amendments thus
clarify the role and responsibilities of the Clearing House and
Clearing Members with respect to physical delivery. As a result, ICE
Clear Europe believes the amendments are consistent with the
requirements of Rule 17Ad-22(e)(10).\10\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.17Ad-22(e)(10).
    \10\ 17 CFR 240.17Ad-22(e)(10).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any

impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The amendments
are being adopted to update and clarify the delivery specifications in
Part BB of the Delivery Procedures in connection with Containerised
White Sugar contracts, and will not otherwise affect the contract. ICE
Clear Europe does not expect that the proposed changes will adversely
affect access to clearing or the ability of Clearing Members, their
customers or other market participants to continue to clear contracts.
ICE Clear Europe also does not believe the amendments would materially
affect the cost of clearing or otherwise impact competition among
Clearing Members or other market participants or limit market
participants' choices for selecting clearing services. Accordingly, ICE
Clear Europe does not believe the amendments would impose any burden on
competition not necessary or appropriate in furtherance of the purpose
of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received from Members, Participants or Others

    Written comments relating to the proposed rule changes have not
been solicited or received by ICE Clear Europe. ICE Clear Europe will
notify the Commission of any written comments received with respect to
the proposed amendments.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act and paragraph (f) of Rule 19b-4 thereunder. At
any time within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

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-ICEEU-2021-005 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-ICEEU-2021-005. 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 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 such filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/clear-europe/regulation. 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-ICEEU-2021-005 and should be
submitted on or before March 18, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-03850 Filed 2-24-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40469-40470]
[FR Doc No: 2013-16067]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER10-1894-006; ER10-1901-007; ER10-1882-003; ER10-
3025-003; ER10-3036-003; ER10-3039-003; ER10-3042-003.
    Applicants: Wisconsin Public Service Corporation, Upper Peninsula
Power Company, Wisconsin River Power Company, Integrys Energy Services.
Inc., WPS Power Development, LLC,

Quest Energy, LLC, Combined Locks Energy Center, LLC.
    Description: The Integrys Energy Group, Inc. submits Notice of Non-
Material Change in Status.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5150.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER10-3300-004.
    Applicants: La Paloma Generating Company, LLC.
    Description: Triennial Updated Market Power Analysis for the
Southwest Region of La Paloma Generating Company, LLC.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5153.
    Comments Due: 5 p.m. ET 8/26/13.

    Docket Numbers: ER13-1210-001.
    Applicants: Westar Generating, Inc.
    Description: Amendment, Purchase Power Agreement with Westar
Energy, Inc. to be effective 7/1/2013.
    Filed Date: 6/26/13.
    Accession Number: 20130626-5000.
    Comments Due: 5 p.m. ET 7/17/13.

    Docket Numbers: ER13-1772-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1374R11 Kansas Power Pool & Westar Meter Agent
Agreement to be effective 6/1/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5100.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1773-000.
    Applicants: Vermont Transco, LLC.
    Description: Vermont Transco LLC Updated Exhibit A for the 1991
Transmission Agreement to be effective 7/1/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5101.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1774-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Plum Pt. Transfer Agreement to be effective 12/1/2014.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5105.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1775-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Non Queue (Sublette)--Original Service Agreement No.
3582 to be effective 5/29/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5106.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1776-000.
    Applicants: Spokane Energy, LLC.
    Description: Spokane Energy Tariff Revisions to be effective 6/26/
2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5108.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1777-000.
    Applicants: Southern California Edison Company.
    Description: Agreement for Limited Interconnection of SCE 220kV
Switchyard to Eldorado System to be effective 6/25/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5119.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1778-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Non Queue (West Brooklyn)--Original Service Agreement
No. 3581 to be effective 5/29/2013.
    Filed Date: 6/25/13
    Accession Number: 20130625-5130.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1779-000.
    Applicants: East Kentucky Power Cooperative, Inc., PJM
Interconnection, L.L.C.
    Description: EKPC submits PJM SA Nos. 3591 and 3592 re
grandfathered EKPC Agreements to be effective 6/1/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5132.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1780-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2565 Kansas Municipal Energy Agency NITSA and NOA to
be effective 6/1/2013.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5134.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1782-000.
    Applicants: Duke Energy Progress, Inc.
    Description: Notice of Cancellation of Rate Schedule No. 101 of
Duke Energy Progress, Inc.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5137.
    Comments Due: 5 p.m. ET 7/16/13.

    Docket Numbers: ER13-1783-000.
    Applicants: Duke Energy Progress, Inc.
    Description: Revised Service Agreement No. 134 under Duke Energy
Progress OATT to be effective 6/1/2013.
    Filed Date: 6/26/13.
    Accession Number: 20130626-5020.
    Comments Due: 5 p.m. ET 7/17/13.
    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH13-17-000.
    Applicants: Starwood Energy Group Global, L.L.C.
    Description: Notice of Material Change in Facts of Starwood Energy
Group Global, L.L.C.
    Filed Date: 6/25/13.
    Accession Number: 20130625-5152.
    Comments Due: 5 p.m. ET 7/16/13.
    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: June 26, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-16067 Filed 7-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Notices]
[Page 52379-52380]
[DOCID:fr25au10-117]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-2013.

Revision:
    Rule 602; SEC File No. 270-404; OMB Control No. 3235-0461.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 602 of Regulation NMS
(17 CFR 240.602), under the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.). The Commission plans to submit this existing collection
of information to the Office of Management and Budget for revision and
approval.
    Rule 602 of Regulation NMS, Dissemination of Quotations in NMS
securities, contains two related collections. The first collection of
information is found in Rule 602(a).\1\ This reporting requirement
obligates each national securities exchange and

national securities association to make available to quotation vendors
for dissemination to the public the best bid, best offer, and aggregate
quotation size for each ``subject security,'' as defined under the
Rule. The second collection of information is found in Rule 602(b).\2\
This reporting requirement obligates exchange members and over-the-
counter (``OTC'') market makers that are a ``responsible broker or
dealer,'' as defined under the Rule, to communicate to an exchange or
association their best bids, best offers, and quotation sizes for
subject securities.\3\
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    \1\ 17 CFR 242.602(a).
    \2\ 17 CFR 242.602(b).
    \3\ Under Rule 602(b)(5), electronic communications networks
(``ECNs'') have the option of reporting to an exchange or
association for public dissemination, on behalf of customers that
are OTC market makers or exchange market makers, the best-priced
orders and the full size for such orders entered by market makers on
the ECN, to satisfy such market makers' reporting obligation under
Rule 602(b). Since this reporting requirement is an alternative
method of meeting the market makers' reporting obligation, and
because it is directed to nine or fewer persons (ECNs), this
collection of information is not subject to OMB review under the
Paperwork Reduction Act (``PRA'').
---------------------------------------------------------------------------

    It is anticipated that 15 respondents, consisting of 14 national
securities exchanges and one national securities association, will
collectively respond approximately 741,127,661,148 times per year
pursuant to Rule 602(a) at 18.22 microseconds per response, resulting
in an annual aggregate burden of approximately 3,750 hours.
    It is anticipated that approximately 130 respondents, consisting of
OTC market makers, will collectively respond approximately 24,440,000
times per year pursuant to Rule 602(b) at 3 seconds per response,
resulting in an annual aggregate burden of approximately 20,367 hours.
    Written comments are invited on: (a) Whether the proposed
collections of information are necessary for the proper performance of
the functions of the Commission, including whether the information will
have practical utility; (b) the accuracy of the Commission's estimate
of the burden of the proposed collections of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of collections of
information on those who are to respond, including through the use of
automated collection techniques or other forms of information
technology. Consideration will be given to comments and suggestions
submitted in writing within 60 days of this publication.
    Please direct your written comments to: Charles Boucher, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Shirley Martinson, 6432 General Green Way, Alexandria, Virginia 22312
or send an e-mail to<EMAIL_ADDRESS>
    Dated: August 18, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21035 Filed 8-24-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: May 27, 2009 (Volume 74, Number 100)]
[Rules and Regulations]
[Page 25145-25146]
[DOCID:fr27my09-1]

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

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

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

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0327; Airspace Docket 09-ASO-014]

Establishment of Class D Airspace, Modification of Class E
Airspace; Bunnell, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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

SUMMARY: This action establishes Class D airspace and modifies Class E
airspace at Flagler County Airport in Bunnell, FL. A new Federal
Contract Air Traffic Control Tower is being built for Flagler County
Airport. Class D Surface airspace is required to be established and
after evaluation the existing Class E airspace will be modified to
facilitate a more efficient operation. This rule increases the safety
and management of the National Airspace System (NAS) around Flagler
County Airport.

DATES: Effective 0901 UTC, August 27, 2009. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments
should be received no later that June 26, 2009.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2009-0327; Airspace Docket No. 09-ASO-014, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit and adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov/
airports_airtraffic/air_traffic/publications/airspace_amendments/.
Communications should identify both docket numbers and be submitted in
triplicate to the address specified under the caption ADDRESSES above
or through the Web site. All communications received on or before the
closing date for comments will be considered, and this rule may be
amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2009-0327; Airspace Docket No. 09-ASO-014.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14 of the Code of Federal Regulations (14
CFR) part 71 establishes Class D airspace around the Flagler County
Airport, which extends upward from the surface of the Earth to and
including 1,500 feet MSL within a 4.0-mile radius of the Airport.
Additionally, the existing Class E airspace that extends upwards from
700 feet above the surface of the Earth (E5) will have its dimensions
increased from a 6.4-mile radius to a 6.5-mile radius of the Flagler
County Airport.
    Class D and Class E airspace designations are published in
paragraphs 5000 and 6005 respectively

of FAA Order 7400.9S, dated October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR 71.1. The Class D
and E airspace designations listed in this document will be published
subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class D and modifies Class E airspace at Flagler
County Airport in Bunnell, FL.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, dated October 3, 2008, and effective October 31, 2008, is
amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ASO FL D Bunnell, FL [New]

Flagler County Airport, Bunnell, FL
    (Lat. 29[deg]28'03'' N, long. 81[deg]12'23'' W)

    That airspace extending upward from the surface of the Earth, to
and including 1,500 feet MSL, within a 4.0-mile radius of the
Flagler County Airport. This Class D airspace area is effective
during the specific days and times established in advance by a
Notice to Airmen. The effective days and times will thereafter be
continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or
more above the Surface of the Earth.

* * * * *

ASO FL E5 Bunnell, FL [Revised]

Flagler County Airport, Bunnell, FL
    (Lat. 29[deg]28'03'' N, long. 81[deg]12'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Flagler County Airport.
* * * * *

    Issued in College Park, Georgia, on May 11, 2009.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
 [FR Doc. E9-12028 Filed 5-26-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Notices]
[Page 3119-3120]
[DOCID:fr16ja09-145]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59229; File No. SR-NYSE-2009-01]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Adopting a Temporary Equity Transaction Fee for Shares Executed on the
NYSE MatchPoint\SM\ System, Effective Upon Filing With the Securities
and Exchange Commission Until February 28, 2009

January 12, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 7, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to adopt a temporary equity transaction fee
for shares executed on the NYSE MatchPoint\SM\ (``NYSE MatchPoint'' or
``MatchPoint'') system, effective upon filing with the Securities
Exchange Commission [sic] (``SEC'') until February 28, 2009. The
Exchange will charge each member organization using the MatchPoint
system a per share fee scaled to the average daily volume of shares it
executes on the MatchPoint system.

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
    Through this filing, the Exchange proposes to amend its equity
transaction fee schedule on the NYSE MatchPoint system effective upon
filing with the SEC until February 28, 2009. The current equity
transaction fee is $.0015 per share executed on the MatchPoint system.
The Exchange proposes to adopt a scaled fee for MatchPoint users based
on the average daily volume of shares executed during a calendar month
through the MatchPoint system as follows:

------------------------------------------------------------------------
                                                              Rate (per
          Average daily volume of shares executed              share)
------------------------------------------------------------------------
50,000 shares or less.....................................        $.0015
Over 50,000 to 499,999....................................         .0010
500,000 and greater.......................................         .0005
------------------------------------------------------------------------

    The MatchPoint fee will again revert to the current equity
transaction fee of $.0015 per share beginning March 1, 2009. The
temporary fee is designed to attract more users to the MatchPoint
system.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\4\ for the proposed rule change is the requirement under Section
6(b)(4) that an exchange have rules that provide for the equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. The Exchange believes the new
fees are reasonable in that they represent a reduction in fees, and are
equitable in that they are available to all members who access the
MatchPoint system.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78a.
---------------------------------------------------------------------------

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

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

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \5\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \6\ thereunder.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-01. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2009-01 and should be submitted on
or before February 6, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-931 Filed 1-15-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60505]
[DOCID:fr13oc06-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[P-12514-000]

Northern Indiana Public Service Company; Norway-Oakdale Project,
Indiana; Notice of Availability of Environmental Assessment

October 6, 2006.
    In accordance with the National Environmental Policy Act (NEPA) of
1969, as amended, and Federal Energy Regulatory Commission (Commission)
regulations (18 CFR part 380), Commission staff have reviewed the
application for license for the Norway-Oakdale Project and have
prepared an environmental assessment (EA) for the project. The project
is located on the Tippecanoe River in Carroll and White counties,
Indiana.
    In this EA, Commission staff analyzes the probable environmental
effects of implementing the project and conclude that approval of the
project, with appropriate staff-recommended environmental measures,
would not constitute a major Federal action significantly affecting the
quality of the human environment.
    Copies of the EA are available for review in Public Reference Room
2-A of the Commission's offices at 888 First Street, NE., Washington,
DC. The EA also may be viewed on the Commission's Internet Web site
(http://www.ferc.gov) using the ``eLibrary'' link. Additional

information about the project is available from the Commission's Office
of External Affairs at<PHONE_NUMBER>, or on the Commission's Web site
using the ``eLibrary'' link. For assistance with eLibrary, contact
FERCOnline<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or, for
TTY, contact<PHONE_NUMBER>.
    Any comments on the EA should be filed within 30 days of the date
of this notice and should be addressed to Magalie R. Salas, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Please reference the specific project and FERC
Project No. on all comments. Comments may be filed electronically via
the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site under the ``e-Filing'' link.
    For further information please contact: Sergiu Serban (202) 502-
6211 or at<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
 [FR Doc. E6-16962 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


SUPPORTING STATEMENT

	ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Benzene Emissions from Coke By-Product Recovery Plants

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Benzene Emissions from Coke By-Product Recovery Plants (40
CFR part 61, subpart L) (Renewal)

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for the regulations published at 40 CFR part 61, subpart L, promulgated
on December 15, 1989, amended on February 12, 1999, and October 17,
2000, apply to benzene emissions from coke by-product recovery plants.
These regulations apply to existing facilities and new facilities that
are furnace or foundry coke by-product recovery plants that produce
benzene emissions.  New facilities include those that commenced
construction, modification or reconstruction after the date of these
rules.  These regulations were revised on September 19, 1991, to allow
for the use of carbon adsorbers and vapor incinerators as alternative
means of complying with the standards for process vessels, storage
tanks, and tar-intercepting sumps.  The use of carbon adsorbers and
vapors incinerators instead of gas blanketing, the control technology on
which the standards were originally based, was made optional by the 1991
revision.  These regulations were further amended on February 12, 1999
to eliminate certain quarterly reporting obligations; to require, for
each carbon adsorber, a plan to handle benzene and removed carbon in
accordance with the regulations; and to specify reporting of the
monitoring method chosen for each vapor incinerator.  Information under
this ICR is being collected to assure compliance with 40 CFR part 61,
subpart L.

In general, all NESHAP standards require owners or operators of the
affected facilities to submit one-time-only notifications including:
notification of any physical or operational change to an existing
facility which may increase the regulated pollutant emission rate,
notification of the initial performance test, including information
necessary to determine the conditions of the performance test, and
performance test measurements and results.  Owners or operators are also
required to maintain records of the occurrence and duration of any
startup, shutdown, or malfunction in the operation of an affected
facility, or any period during which the monitoring system is
inoperative.  These notifications, reports, and records are essential in
determining compliance, and are required of all sources subject to
NESHAP.

Any owner or operator subject to the provisions of this part will
maintain a file of these measurements, and retain the file for at least
five years following the date of such measurements, maintenance reports,
and records.  All reports are sent to the delegated state or local
authority.  In the event that there is no such delegated authority, the
reports are sent directly to the United States Environmental Protection
Agency (EPA) regional office.

Over the next three years, an average of seventeen sources per year will
be subject to the standard, and it is estimated that no additional
sources will become subject to the regulation in the next three years.

There are approximately seventeen benzene emissions from coke by-product
recovery plants in the United States, which are owned and operated by
the benzene emissions from coke by-product recovery industry.  None of
the seventeen facilities in the United States are owned by state, local,
tribal or the Federal government.  They are owned and operated by
privately owned for-profit businesses.  You can find the burden to the
“Affected Public” listed below in Table 1: Annual Industry Burden
and Cost - NESHAP for Benzene Emissions from Coke By-Product Recovery
Plants (40 CFR part 61, subpart L).  The Federal government burden does
not include work performed by Federal employees.  The burden refers only
to work performed by contractors, which could be found listed below in
Table 2: Average Annual EPA Burden - for Benzene Emissions from Coke
By-Product Recovery Plants (40 CFR part 61, subpart L).

The Office of Management and Budget (OMB) approved the currently active
ICR without any “Terms of Clearance.”

2.  Need for and Use of the Collection

2(a)  Need/Authority for the Collection

The EPA is charged under section 112 of the Clean Air Act, as amended,
to establish standards of performance for each category or subcategory
of major sources and area sources of hazardous air pollutants (HAP).
These standards are applicable to new or existing sources of HAP and
shall require the maximum degree of emission reduction.  In addition,
section 114(a) states that the Administrator may require any owner or
operator subject to any requirement of this Act to:

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

In the Administrator's judgment, benzene emissions from furnace or
foundry coke by-product recovery plants, cause or contribute to air
pollution that may reasonably be anticipated to endanger public health
or welfare.  Therefore, the NESHAP was promulgated for this source
category at 40 CFR part 61, subpart L.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standard ensure
compliance with the applicable regulations which where promulgated in
accordance with the Clean Air Act.  The collected information is also
used for targeting inspections and as evidence in legal proceedings.

Performance tests are required in order to determine an affected
facility’s initial capability to comply with the emission standard.
Continuous emission monitors are used to ensure compliance with the
standard at all times.  During the performance tests, a record of the
operating parameters under which compliance was achieved may be recorded
and used to determine compliance in place of a continuous emission
monitor.

The notifications required in the standard are used to inform the Agency
or delegated authority when a source becomes subject to the requirements
of the regulations.  The reviewing authority may then inspect the source
to ensure that the pollution control devices are properly installed and
operated, that leaks are being detected and repaired, and that the
standards are being met.  The performance test may also be observed.

3.  Nonduplication, Consultations, and Other Collection Criteria

The requested recordkeeping and reporting are required under 40 CFR part
61, subpart L.

3(a)  Nonduplication

If the subject standards have not been delegated, the information is
sent directly to the appropriate EPA regional office.  Otherwise, the
information is sent directly to the delegated state or local agency.  If
a state or local agency has adopted their own similar standards to
implement the Federal standards, a copy of the report submitted to the
state or local agency can be sent to the Administrator in lieu of the
report required by the Federal standards.  Therefore, no duplication
exists.

3(b)  Public Notice Required Prior to ICR Submission to OMB

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (72 FR 10735) on March 9, 2007.
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

The Agency’s industry experts have been consulted, and the Agency’s
internal data sources and projections of industry growth over the next
three years have been considered.  The primary source of information as
reported by industry, in compliance with the recordkeeping and reporting
provisions in the standard, is the Online Tracking Information System
(OTIS) which is operated and maintained by the EPA Office of Compliance.
 OTIS is the EPA database for the collection, maintenance, and retrieval
of all compliance data.  The growth rate for the industry is based on
our consultations with the Agency’s internal industry experts.
Approximately seventeen respondents will be subject to the standard over
the three-year period covered by this ICR.

Industry trade associations and other interested parties were provided
an opportunity to comment on the burden associated with the standard as
it was being developed, and the standard has been previously reviewed to
determine the minimum information needed for compliance purposes.

It is our policy to respond after a thorough review of comments received
since the last ICR renewal as well as those submitted in response to the
first Federal Register notice.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the standards.
Requirements for information gathering and recordkeeping are useful
techniques to ensure that good operation and maintenance practices are
applied and emission limitations are met.  If the information required
by these standards was collected less frequently, the proper operation
and maintenance of control equipment and the possibility of detecting
violations would be less likely.

3(e)  General Guidelines

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

These standards require the respondents to maintain all records,
including reports and notifications for at least five years.  This is
consistent with the General Provisions as applied to the standards.  EPA
believes that the five-year records retention requirement is consistent
with the Part 70 permit program and the five-year statute of limitations
on which the permit program is based.  The retention of records for five
years allows EPA to establish the compliance history of a source, any
pattern of non-compliance and to determine the appropriate level of
enforcement action.  EPA has found that the most flagrant violators have
violations extending beyond the five years.  In addition, EPA would be
prevented from pursuing the violators due to the destruction or
nonexistence of essential records.

3(f)  Confidentiality

Any information submitted to the Agency for which a claim of
confidentiality is made will be safeguarded according to the Agency
policies set forth in title 40, chapter 1, part 2, subpart B -
Confidentiality of Business Information (CBI) (see 40 CFR 2; 41 FR
36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43
FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3(g)  Sensitive Questions

None of the reporting or recordkeeping requirements contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents to the recordkeeping and reporting requirements are
benzene emissions from coke by-product recovery plants.  The United
States Standard Industrial Classification (SIC) codes which correspond
to the North American Industry Classification System (NAICS) codes are
found in the following table:

40 CFR part 61, subpart L	SIC Codes	NAICS Codes

Coke Plants at Integrated Iron and Steel Facilities	3312	331111

Coke Plants Not at Integrated Iron and Steel Facilities	3312	324199

4(b)  Information Requested

None of these reporting or recordkeeping requirements violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5, 40
CFR part 61, subpart V, and 40 CFR part 61, subpart A.

(i)  Data Items

In this ICR, all the data recorded or reported is required by National
Emission Standards for Hazardous Air Pollutants for Benzene Emissions
from Coke By-Product Recovery Plants (40 CFR Part 61, Subpart L).

A source must make the following reports:

Notifications

Notification and application of construction, reconstruction or
modification	61.06, 61.07, and 61.138(i)

Notification of anticipated date of initial startup	61.09(a)(1)

Notification of actual startup	61.09(a)(2)

Notification of performance tests	61.13(f) and 61.14(c)

Notification of physical or operational change which may increase the
emission rate	61.15, and 61.10

Notification of implementation of equipment leakage requirements
61.138(e)

Notification that the requirements of 40 CFR part 61, subpart L and 60
CFR part 61, subpart V have been met	61.138(e)

Notification of intent to elect to comply with the requirements at 40
CFR Section 61.243 at least 90 days before implementation	61.138(h)

Performance test reports	61.13

Excess emissions reports	61.14

Reporting requirements of an owner or operator of any piece of equipment
subject to NESHAP subpart V	61.247

Semiannual general and maintenance inspection reports	61.138(f)

Semiannual reports of excess emission (alternative control options)
61.139(j)(2)

A source must keep the following records:

Recordkeeping

Maintain records of monitoring data, monitoring system calibration
checks, and the occurrence and duration of periods where the monitoring
system is malfunctioning or inoperative.  Records shall be retained for
at least two years.	61.14(f)

Maintain records of the design of control equipment installed, including
detailed schematics, design specifications, and piping and
instrumentation diagrams, and the dates and descriptions of any changes
in the design specifications.	61.138(a)

Maintain records of semiannual inspections, annual maintenance
inspections and, where applicable quarterly leak detection inspections.
61.138(b), 61.138(f), and 61.135(d)

Maintain records of leak detection and repair logs for at least two
years.	61.138(c) 61.246, and 61.247

Maintain records of the design requirements of closed-vent system and
control devices.	61.138(c), 61.246, and 61.247

Maintain records of applicable valve information.	61.138(c), 61.246, and
61.247

Maintain records of design control device and plan operations and
corrective action, compliance tests, reference values of monitored
parameters, monitoring results and exceedances (alternative control
options).	61.139(i)(1-7)

Maintain records of annual furnace and foundry coke production for
furnace coke by-product recovery plants for at least two years.
61.138(d)

Maintain records of monitoring data, monitoring system calibration
checks, and the occurrence and duration of periods where the monitoring
system is malfunctioning or inoperative.  Records shall be retained for
at least two years.	61.14(f)

Recordkeeping requirements of an owner or operator of any piece of
equipment subject to NESHAP subpart V.	61.246

Electronic Reporting

Some of the respondents are using monitoring equipment that
automatically records parameter data.  Although personnel at the
affected facility must still evaluate the data, internal automation has
significantly reduced the burden associated with monitoring and
recordkeeping at a plant site.

Also, regulatory agencies in cooperation with the respondents continue
to create reporting systems to transmit data electronically.  However,
electronic reporting systems are still not widely used.  At this time,
it is estimated that approximately 10 percent of the respondents use
electronic reporting.

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate Continuous Monitoring Systems
(CMS) for opacity, or for pressure drop and liquid supply pressure for
closed systems, barrier fluid degassing systems, closed-vent systems to
a control device, closed-purge systems to a control device, seal
systems, and by monitoring equipments to repair.

Perform initial performance test, Reference Method 21 test, and repeat
performance tests if necessary.

Write the notification and reports listed above.

Enter information required to be recorded above.

Submit the required reports developing, acquiring, installing, and
utilizing technology and systems for the purpose of collecting,
validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the
purpose of processing and maintaining information.

Develop, acquire, install and utilize technology and systems for the
purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable
instructions and requirements.

Train personnel to be able to respond to a collection of information.

Transmit, or otherwise disclose the information.

	Currently, sources are using monitoring equipment that provides
parameter data in an automated way e.g., continuous parameter monitoring
system.  Although personnel at the source still need to evaluate the
data, this type of monitoring equipment has significantly reduced the
burden associated with monitoring and recordkeeping.

5.  The Information Collected: Agency Activities, Collection
Methodology, and Information Management

5(a)  Agency Activities

EPA conducts the following activities in connection with the
acquisition, analysis, storage, and distribution of the required
information.

Agency Activities

Observe initial performance tests and repeat performance tests if
necessary.

Review notifications and reports, including performance test reports,
excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Online Tracking Information
System (OTIS).

5(b)  Collection Methodology and Management

Following notification of startup, the reviewing authority might inspect
the source to determine whether the pollution control devices are
properly installed and operational.  Performance test reports are used
by the Agency to discern a source’s initial capability to comply with
the emission standard, and note the operating conditions under which
compliance was achieved.  Data and records maintained by the respondents
are tabulated and published for use in compliance and enforcement
programs.

Information contained in the reports is entered into OTIS which is
operated and maintained by the EPA Office of Compliance.  OTIS is the
EPA database for the collection, maintenance, and retrieval of
compliance data for approximately 125,000 industrial and
government-owned facilities.  EPA uses OTIS for tracking air pollution
compliance and enforcement by local and state regulatory agencies, EPA
regional offices, and EPA headquarters.  EPA delegated Authorities can
edit, store, retrieve and analyze the data.

The records required by this regulation must be retained by the owner or
operator for five years.

5(c)  Small Entity Flexibility

The majority of the respondents are large entities (i.e., large
businesses).  However, the impact on small entities (i.e., small
businesses) was taken into consideration during the development of the
regulation.  Due to technical considerations involving the process
operations and the types of control equipment employed, the
recordkeeping and reporting requirements are the same for both small and
large entities.  The Agency considers these to be the minimum
requirements needed to ensure compliance and, therefore, cannot reduce
them further for small entities.  To the extent that larger businesses
can use economies of scale to reduce their burden, the overall burden
will be reduced.

5(d)  Collection Schedule

The specific frequency for each information collection activity within
this request is shown in Table 1: Annual Industry Burden for NESHAP for
Benzene Emissions from Coke By-Product Recovery Plants (40 CFR part 61,
subpart L).

6.  Estimating the Burden and Cost of the Collection

Table 1 documents the computation of individual burdens for the
recordkeeping and reporting requirements applicable to the industry for
the subpart included in this ICR.  The individual burdens are expressed
under standardized headings believed to be consistent with the concept
of burden under the Paperwork Reduction Act.  Wherever appropriate,
specific tasks and major assumptions have been identified.  Responses to
this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB Control Number.

6(a)  Estimating Respondent Burden

The average annual burden to industry over the next three years from
these recordkeeping and reporting requirements is estimated to be 3,137
(Total Labor Hours from Table 1).  These hours are based on Agency
studies and background documents from the development of the regulation,
Agency knowledge and experience with the NESHAP program, the previously
approved ICR, and any comments received.

6(b)  Estimating Respondent Costs

(i)  Estimating Labor Costs

Managerial 	$93.09     ($44.33 + 110%)

Technical	$64.47     ($30.70 + 110%)

Clerical	$39.65     ($18.88 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2003, “Table 2. Private industry, by
occupational and industry group.”  The rates are from column 1,
“Total compensation.”  The rates have been increased by 110 percent
to account for the benefit packages available to those employed by
private industry.

(ii)  Estimating Capital/Startup and Operation and Maintenance Costs

	The only costs to the regulated industry resulting from information
collection activities required by the subject standard are labor costs.
There are no capital/startup or operation and maintenance costs.

(iii)  Capital/Startup vs. Operation and Maintenance (O&M) Costs

The only type of industry costs associated with the information
collection activity in the regulations is labor costs.  There are no
capital/startup or operation and maintenance costs.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  The EPA compliance and enforcement program
includes activities such as: the examination of records maintained by
the respondents, periodic inspection of sources of emissions, and the
publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is
estimated to be $5,516.

This cost is based on the average hourly labor rate as follows:

Managerial	$54.02   (GS-13, Step 5, $33.76 + 60%)

Technical	$40.08   (GS-12, Step 1, $25.05 + 60%)

Clerical	$21.70   (GS-6, Step 3, $13.56 + 60%)

These rates are from the Office of Personnel Management (OPM) 2004
General Schedule which excludes locality rates of pay.  The rates have
been increased by 60 percent to account for the benefit packages
available to government employees.  Details upon which this estimate is
based appear in Table 2: Average Annual EPA Burden, NESHAP for Benzene
Emissions from Coke By-Products Recovery Plants (40 CFR part 61, subpart
L), below.

6(d)  Estimating the Respondent Universe and Total Burden and Costs

	Based on our research for this ICR, on average over the next three
years, approximately seventeen existing respondents will be subject to
the standard.  It is estimated that no additional sources per year will
become subject.  The overall average number of respondents, as shown in
the table below is seventeen per year.

	The number of respondents is calculated using the following table which
addresses the three years covered by this ICR.

Number of Respondents

Year	(A)

Number of New Respondents 1	(B)

Number of Existing Respondents	(C)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(D)

Number of Existing Respondents That Are Also New Respondents	(E)

Number of Respondents

(E=A+B+C-D)

1	0	17	0	0	17

2	0	17	0	0	17

3	0	17	0	0	17

Average	0	17	0	0	17

1 It is estimated that no new sources will become subject to this
standard over the next three years.

To avoid double-counting respondents, column D is subtracted.  As shown
above, the average Number of Respondents over the three-year period of
this ICR is 17.

The total number of annual responses per year is calculated using the
following table:

Total Annual Responses

(A)

Information Collection Activity	(B)

Number of Respondents	(C)

Number of Responses	(D)

Number of Existing Respondents That Keep Records But Do Not Submit
Reports	(E)

Total Annual Responses

E=(BxC)+D

Semiannual emissions report	17	2	n/a	34

	Total (rounded)	34

The number of Total Annual Responses is 34

The total annual labor costs are $199,375.  Details regarding these
estimates may be found in Table 1: Annual Industry Burden and Cost -
NESHAP for Benzene Emissions from Coke By-Products Recovery Plants (40
CFR part 61, subpart L), below.

6(e)  Bottom Line Burden Hours Burden Hours and Cost Tables

The detailed bottom line burden hours and cost calculations for the
respondents and the Agency are shown in Tables 1 and 2, respectively,
and summarized below.

(i) Respondent Tally

The total annual labor costs are $199,375.  Details regarding these
estimates may be found in Table 1. Annual Respondent Burden and Cost:
NESHAP for Benzene Emissions from Coke By-Products Recovery Plants (40
CFR part 61, subpart L), below.  Furthermore, the annual public
reporting and recordkeeping burden for this collection of information is
estimated to average 92 hours per response.

There are no annual capital/startup and O&M costs to the regulated
entities.  The cost calculations are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

(ii) The Agency Tally

The average annual Agency burden and cost over next three years is
estimated to be 157 labor hours at a cost of $5,516.  See Table 2.
Annual Agency Burden and Cost: NESHAP for Benzene Emissions from Coke
By-Products Recovery Plants (40 CFR part 61, subpart L), below.

6(f)  Reasons for Change in Burden

The regulations have not changed over the past three years and are not
anticipated to change over the next three years.  There is only one
small change in the labor hours in this ICR compared to the previous
ICR.  The change was caused by different methods of rounding numbers.
The previous ICR shows (3,138) as the labor hours, however, this ICR
uses the exact hours of (3,137).  The growth rate for the industry is
very low, negative or non-existent, so there is no significant change in
the overall burden.

Since there are no changes in the regulatory requirements and there is
no significant industry growth, the labor hours and cost figures in the
previous ICR are used in this ICR, and there is no change in burden to
industry.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 92 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid OMB
Control Number.  The OMB Control Numbers for EPA’s regulations are
listed at 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA-HQ-OECA-2007-0050.  An electronic version of the public docket is
available at http://www.regulations.gov which may be used to obtain a
copy of the draft collection of information, submit or view public
comments, access the index listing of the content of the docket, and to
access those documents in the public docket that are available
electronically.  When in the system, select “search” than key in the
docket ID number identified in this document.  The documents are also
available for public viewing at the Enforcement and Compliance Docket
and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, N.W., Washington, DC.  The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket and Information Center Docket is (202)
566-1752.  Also, you can send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
N.W., Washington, DC 20503, Attention: Desk Officer for EPA.  Please
include the EPA Docket ID Number EPA-HQ-OECA-2007-0050 and OMB Control
Number 2060-0185 in any correspondence.

Part B of the Supporting Statement

This part is not applicable because no statistical methods were used in
collecting this information.

Table 1:  Annual Respondent Burden and Cost – NESHAP for Benzene
Emissions from Coke By-Product Recovery Plants (40 CFR Part 61, Subpart
L)

Burden item

(A)

Person

hours per occurrence

(B)

No. of occurrences per respondent per year

(C)

Person hours per respondent per year

(C=AxB)

(D)

Respondents per year  a

(E)

Technical person- hours per year

(E=CxD)

(F)

Management person hours per year

(Ex0.05)

(G)

Clerical person hours per year

(Ex0.1)

(H)

Cost, $  b

1.  Applications	N/A

	2.  Survey and Studies	N/A

	3.  Reporting requirements

     A.  Read instructions 	See 3C

	     B.  Required activities

           Initial performance test	32	1	32	0	0	0	0	$0

           Repeat performance test	32	0.2	6.4	0	0	0	0	$0

           Annual maintenance inspection c	0.5	1	0.5	17	9	0.5	0.9	$663

     C.  Create information	See 3B

	     D.  Gather existing information	See 3E

	     E.  Write Report

           Notification of construction/reconstruction	2	1	2	0	0	0	0	$0

           Notification of anticipated/actual startup	2	1	2	0	0	0	0	$0

           Notification of initial performance test	2	1	2	0	0	0	0	$0

           Notification of physical/operational chances	8	1	8	0	0	0	0	$0

           Semiannual emissions report d	12	2	24	17	408	20	41	$29,792

4.  Recordkeeping requirements

     A.  Read instructions 	See 3A

	     B.  Plan activities

           Maintenance Plan	See 3A

	     C.  Implement Activities

           File and maintain records e	33	4	132	17	2,244	112	224
$163,979

           Performance evaluation for Method 21 f	2	2	4	17	68	3	7	$4,941

     D.  Develop record system	N/A

	     E.  Time to enter information	N/A

	     F.  Time to train personnel	N/A

	     G.  Time for audits	N/A

	Subtotals Labor Burden and cost

	2,729	136	273	$199,375

TOTAL LABOR BURDEN AND COST (rounded)

	3,137	$199,375

Assumptions:

a  We have assumed that the average number of major sources that will be
subject to the rule will be the 17 existing sources.  There will be no
additional new sources per year that will become subject to the rule
over the three-year period of this ICR.

b  This ICR uses the following labor rates: $93.09 per hour for
Executive, Administrative, and Managerial labor; $64.47 per hour for
Technical labor, and $39.65 per hour for Clerical labor.  These rates
are from the United States Department of Labor, Bureau of Labor
Statistics, June 2003, (Table 10. Private industry, by occupational and
industry group.(  The rates are from column 1, (Total compensation.(
The rates have been increased by 110 percent to account for the benefit
packages available to those employed by private industry.

c  We have assumed that each respondent will take 0.5 hours to complete
the annual maintenance inspection.

d  We have assumed that each respondent will take twelve hours at two
times per year to write semiannual emissions report.

e  We have assumed that each respondent will take thirty-three hours at
four times per year to file and maintain records.

f  We have assumed that each respondent will take two hours at two times
per year to complete the performance evaluation for Method 21.

Table 2:  Average Annual EPA Burden - NESHAP for Benzene Emissions from
Coke By-Product Recovery Plants (40 CFR Part 61, Subpart L)

Activity

(A)

EPA person-

hours per

occurrence

(B)

No. of

occurrences

per plant

 per year

(C)

EPA person

hours per

plant per year

(C=AxB)

(D)

Plants per year  a

(E)

Technical

person-

hours

per year

(E=CxD)

(F)

Management

person-hours

per year

(Ex0.05)

(G)

Clerical

person-

hours per year

(Ex0.1)

(H)

Cost, $ b

Initial performance test

      New plant	40	1	40	0	0	0	0	$0

Report review

      Notification of construction	2	1	2	0	0	0	0	$0

      Notification of anticipated startup	2	1	2	0	0	0	0	$0

      Notification of actual startup	2	1	2	0	0	0	0	$0

      Notification of performance test	2	1	2	0	0	0	0	$0

      Report of performance test	8	1	8	0	0	0	0	$0

      Review semiannual excess emissions and

       exemption reports	4	2	8	17	136	7	14	$5,516

Subtotals Labor Burden and cost

	136	7	14	$5,516

TOTAL ANNUAL BURDEN AND COST (rounded)

	157	$5,516

 	Assumptions:

a  We have assumed that the average number of major sources that will be
subject to the rule will be the 17 existing sources.  There will be no
additional new sources per year that will become subject to the rule
over the three-year period of this ICR.

   	b  This cost is based on the following labor rates which incorporate
a 1.6 benefits multiplication factor to account for government overhead
expenses:  Managerial

 	 rate of $54.02 (GS-13, Step 5, $33.76 x 1.6), Technical rate of
$40.08 (GS-12, Step 1, $25.05 x 1.6), and Clerical rate of $21.70 (GS-6,
Step 3, $13.56 x 1.6).  These

  	rates are from the Office of Personnel Management (OPM) (2003 General
Schedule( which excludes locality rates of pay.

   	c  We have assumed that each respondent will take four hours two
time per year to review the excess emissions and exception reports.

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