SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT)
(Renewal)

1.  Identification of the Information Collection

1(a)  Title of the Information Collection

NESHAP for Primary Magnesium Refining (40 CFR Part 63, Subpart TTTTT)
(Renewal),

EPA ICR 2098.05, OMB Control Number 2060-0536.

1(b)  Short Characterization/Abstract

The National Emission Standards for Hazardous Air Pollutants (NESHAP)
for Magnesium Refining published at 40 CFR part 63, subpart TTTTT were
proposed on January 22, 2003, and promulgated on October 10, 2003.
These regulations apply to existing facilities and new facilities that
perform primary magnesium refining where the total hazardous air
pollutants (HAPs) emitted are greater than, or equal to, 10 tons per
year for each HAP, or where the total HAPs emitted are greater than, or
equal to, 25 tons per year of any combination of HAPs.      New
facilities include those that commenced construction or reconstruction
after the date of the proposal.  This information is being collected to
ensure compliance with 40 CFR part 63, subpart TTTTT.

	In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities.  They also are 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
affected facilities subject to NESHAP.

Any owner, or operator, subject to the provisions of this part shall
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 U.S. Environmental Protection Agency
(EPA) regional office.

Based on our consultations with industry representatives, there is an
average of one affected facility at each plant site and each plant site
has only one respondent (i.e., the owner/operator of the plant site).

One source currently is subject to the standard, and it is estimated
that no additional sources per year will become subject to the
regulation in the next three years.

	The active (previous) Information Collection Request (ICR) had the
following Terms of Clearance (TOC):

When this ICR is resubmitted for renewal, EPA is reminded that they
should include the name and contact information for consultations with
members of the public concerning the collection.

Due to consultations being conducted over three years prior to this ICR
renewal, the contact information is not currently available.  It should
be noted that this ICR renewal does not require consultations because:
1) the labor hour burden is less than 100,000 hours per year; and 2)
there have not been significant changes in the ICR burden.

The previous ICR incorrectly indicated that the affected public included
Federal government, state, local, or tribal government facilities,
while, in fact, the affected public includes only a single private
business.  This has been corrected in this ICR.

The burden to the “Affected Public” may be found below in Table 1:
Annual Respondent Burden and Cost, NESHAP for Primary Magnesium Refining
(40 CFR Part 63, Subpart TTTTT) (Renewal).  The burden to the “Federal
Government” is attributed entirely to work performed by Federal
employees or government contractors; this burden may be found below in
Table 2: Average Annual EPA Burden, NESHAP for Primary Magnesium
Refining (40 CFR Part 63, Subpart TTTTT) (Renewal).

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.  These
standards are applicable to new, or existing sources of hazardous air
pollutants 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, hazardous air pollutant (HAP) emissions
from large household and commercial appliance surface coating facilities
cause, or contribute to, air pollution that may reasonably be
anticipated to endanger public health, or welfare.  Therefore, NESHAP
for this source category were promulgated at 40 CFR part 63, subpart
TTTTT.

2(b)  Practical Utility/Users of the Data

The recordkeeping and reporting requirements in the standards ensure
compliance with the applicable regulations, which were promulgated in
accordance with the Clean Air Act.  The collected information also is
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 standards.
Continuous emission monitors are used to ensure compliance with the
standards at all times.

The notifications required in the standards 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 check if 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
also may be observed.

The required semiannual reports are used to determine periods of excess
emissions, identify problems at the facility, verify
operation/maintenance procedures and for compliance determinations.

3.  Nonduplication, Consultations, and Other Collection Criteria

The recordkeeping and reporting requested are required under 40 CFR part
63, subpart TTTTT.

3(a)  Nonduplication

If the subject standards have not been delegated, the information is
sent 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 its 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 Office of
Management and Budget (OMB)

An announcement of a public comment period for the renewal of this ICR
was published in the Federal Register (74 FR 38004) on July 30, 2009.
No comments were received on the burden published in the Federal
Register.

3(c)  Consultations

Any comments received since the last ICR renewal including those
submitted in response to the first Federal Register notice announcing
the renewal of this ICR have been reviewed.        In this case, no
comments were received.  During a previous renewal of this ICR, the
Agency’s industry experts were consulted.  The Agency’s internal
data sources and any projections of industry growth over the next three
years were considered.

The Agency’s primary source of information, as reported by industry,
is the Air Facility System (AFS), which is operated and maintained by
the EPA Office of Compliance.  AFS is the EPA database for the
collection, maintenance, and retrieval of all compliance data.  One
respondent is currently subject to the regulation, and our consultations
with Agency industry experts during a previous renewal regarding the
growth rate for the industry indicated that no additional respondents
will become subject to the regulation over the next three years.

Estimates of industry size, growth rate, and burden were developed with
extensive participation and consultation with primary magnesium refining
representatives during recent rulemaking for 40 CFR part 63, subpart
TTTTT.  EPA believes that these estimates remain valid, and are the best
information available.  The Agency currently collects the minimum amount
of information necessary to ensure compliance with the standard.

3(d)  Effects of Less Frequent Collection

Less frequent information collection would decrease the margin of
assurance that facilities are continuing to meet the required 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 likelihood of
detecting poor operation and maintenance of control equipment and
noncompliance would decrease.

3(e)  General Guidelines

These reporting and recordkeeping requirements do not violate any of the
regulations established by OMB at 5 CFR part 1320, section 1320.5.

 	These standards require affected facilities 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.  Also, the retention of records
for five years would allow EPA to establish the compliance history of a
source and any pattern of noncompliance for purposes of determining the
appropriate level of enforcement action.  Historically, EPA has found
that the most flagrant violators frequently have violations extending
beyond the five years.  EPA would be prevented from pursuing the worst
violators due to the destruction or nonexistence of records if records
were retained for less than five years.

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

The reporting and recordkeeping requirements do not contain sensitive
questions.

4.  The Respondents and the Information Requested

4(a)  Respondents/SIC Codes

The respondents of the recordkeeping and reporting requirements are
primary magnesium refiners.  The United States Standard Industrial
Classification (SIC) codes for the respondents affected by the
standards, which correspond to the North American Industry
Classification System (NAICS) codes, are listed below for source
category descriptions.

Standard	SIC Codes	NAICS Codes

40 CFR part 63, subpart TTTTT	3339	331419

4(b)  Information Requested

(i)  Data Items

All data in this ICR that is recorded and/or reported is required by 40
CFR part 63, subpart TTTTT.

A source must make the following reports:

Notifications

Initial notification	63.9930(a), 63.5(d), 63.9(b)

Notification of compliance status	63.9930(a), 63.4710(c), 63.9(h)

Notification of construction or reconstruction	63.9930(a), 63.5

Notification of actual startup	63.9930(a), 63.9(b)

Notification of performance test	63.9930(a), 63.7(b), 63.8(e), 63.9(e)

Notification Reports

Semiannual report	63.9931(a), (b)

Excess emissions report	63.9931(a), (b)

Report of performance test	63.9930(e)

Startup, shutdown, malfunction report	63.9931(c), 63.6(e)(3),
63.10(d)(5)

	A source must keep the following records:

Recordkeeping

Five year retention of records	63.9933(b), 63.10(b)

Copies of notifications and reports	63.9932(a)(1)

Startup, shutdown, and malfunction plan/records	63.9932(a)(2), 63.6(e)

Documentation of performance tests and opacity observations
63.9932(a)(3), 63.10(b)

Records required to demonstrate continuous compliance	63.9932(b)

Electronic Reporting

Currently, sources are using monitoring equipment that provides
parameter data in an automated way, e.g., inlet and outlet
concentrations when determining percent efficiency.  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.  In addition, some regulatory agencies are
setting up electronic reporting systems to allow sources to report
electronically which reduces the reporting burden.  However, electronic
reporting systems still are not widely used by the regulatory agencies.
It is estimated that approximately 10 percent of the respondents use
electronic reporting.

(ii)  Respondent Activities

Respondent Activities

Read instructions.

Install, calibrate, maintain, and operate compliance monitoring system
(CMS) for pressure drop or for liquid flow rate for wet scrubber.

Perform initial performance test, Reference Method 1, 2, 2F, 2G, 3, 3A,
3B, 4, 5, 5D, 18, 23, 25D, 26, 26A, 201, 201A, 301, 303, 303A, 304,
304A, 304B, 305, 306, 306A, 306B, 307, 308, 310A, 310B, 310C, 311, 312A,
312B, 312C, 313A, 313B, 315, 316, 318, 319, 320, or 321 test, and repeat
performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

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

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

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

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

Transmit, or otherwise disclose the information.

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

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, startup, shutdown, malfunction plan, and
quality control plan for CMS required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System (AFS).

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 operated.  Performance test reports are used by
the Agency to discern a source’s initial capability to comply with the
emission standard.  Data and records maintained by the respondents are
tabulated and published for use in compliance and enforcement programs.
The semiannual reports are used for problem identification, as a check
on source operation and maintenance, and for compliance determinations.

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

	A 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 requirements the minimum
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 below in Table 1: Annual Respondent Burden and
Cost, NESHAP for Primary Magnesium Refining (40 CFR part 63, subpart
TTTTT) (Renewal).

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.  Where 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 611
hours (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

This ICR uses the following labor rates:

Managerial	$100.99 ($48.09 + 110%)

Technical	$87.97   ($41.89 + 110%)

Clerical	$43.81   ($20.86 + 110%)

These rates are from the United States Department of Labor, Bureau of
Labor Statistics, December 2005, “Table 2. Civilian Workers, 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 and Operations and Maintenance Costs

This section covers the costs associated with all types of continuous
monitoring equipment, e.g., continuous emissions monitoring systems
(CEMS) and continuous parameter monitors.  The types of industry costs
associated with the information collection activity in the subject
standards are both labor costs, which are addressed elsewhere in this
ICR, and the costs associated with continuous monitoring.  The
capital/startup costs are one-time costs incurred when a facility
becomes subject to the regulation.  The annual operation and maintenance
costs are the ongoing costs to maintain the monitors and other costs,
such as photocopying and postage.

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

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

(A)

Continuous Monitoring Device	(B)

Capital/Startup Cost for One Respondent	(C)

Number of New Respondents 	(D)

Total Capital/Startup Cost,

(B X C)	(E)

Annual O&M Costs for One Respondent	(F)

Number of Respondents with O&M	(G)

Total O&M,

(E X F)

CEM	$16,000	0	$0	$1,200	1	$1,200

The total Capital/Startup costs for this ICR are zero.  This is the
total of column D in the above table.

The total Operating and Maintenance (O&M) Costs for this ICR are $1,200.
 This is the total of column G.

The average annual cost for capital/startup and operation and
maintenance costs to industry over the next three years of the ICR is
estimated to be $1,200.  The continuous monitoring costs that are
included in this section consist only of those capital/startup and O&M
costs that a source incurs as a result of the standard.  Some continuous
monitoring costs may not be included in this section.  For instance, if
a particular industry typically utilizes a control device that must have
a continuous monitor (e.g., temperature, pressure drop, etc.) to
function properly, and the recordation of additional measurements beyond
the minimum are required by the standard, then there is no
capital/startup or O&M cost, but there is a labor cost to record the
additional readings.  Such a cost would not appear in this section, but
in the industry burden Section 6(d) below.

6(c)  Estimating Agency Burden and Cost

The only costs to the Agency are those costs associated with analysis of
the reported information.  EPA's overall 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 $7,354.  See below Table 2 in Section 6(e).

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

	Managerial	$57.20  (GS-13, Step 5, $35.75 x 1.6)

	Technical	$42.45  (GS-12, Step 1, $26.53 x 1.6)

	Clerical	$22.96  (GS-6, Step 3, $14.35 x 1.6)

These rates are from the Office of Personnel Management (OPM) “2006
General Schedule”, which excludes locality rates of pay.  Details upon
which this estimate is based appear in Table 2: “Average Annual EPA
Burden and Cost, NESHAP for Primary Magnesium Refining (40 CFR part 63,
subpart TTTTT) (Renewal).”

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

Based on our research for this ICR, there is one existing source
currently subject to the standard.  It is estimated that no additional
sources will become subject to the regulation in the next three years.

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

Number of Respondents

	Respondents That Submit Reports	Respondents That Do Not Submit Any
Reports

	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	1	0	0	1

2	0	1	0	0	1

3	0	1	0	0	1

Average	0	1	0	0	1

1 New respondents include sources with constructed, reconstructed and
modified affected facilities.

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 one (1).

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

Initial notification	0	1	0	0

Notification of compliance status	0.33	1	0	0.33

Notification of construction/reconstruction	0	1	0	0

Notification of actual startup 	0	1	0	0

Notification of performance test 	0.33	1	0	0.33

Report of performance test	0.33	1	0	0.33

Semiannual report 	1	2	0	2

Startup, shutdown, malfunction report	1	1	0	1

	Total	4

The number of Total Annual Responses is 4.

Note that the total annual capital and O&M costs to the regulated entity
are $1,200.  These costs are detailed in Section 6(b)(iii),
Capital/Startup vs. Operation and Maintenance (O&M) Costs.

6(e)  Bottom Line Burden Hours and Cost Tables

The bottom line burden hours and cost tables for both the Agency and the
respondents appear below.  The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 153
hours per response.

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

Details regarding these estimates may be found in below Table 1:
“Annual Respondent Burden and Cost, NESHAP for Primary Magnesium
Refining (40 CFR part 63, subpart TTTTT) (Renewal).”  Furthermore, the
annual public reporting and recordkeeping burden for this collection of
information is estimated to average 153 hours per response.

The total annual capital and O&M costs to the regulated entity are
$1,200.  These costs 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 178 labor hours at a cost of $7,354.  See below Table 2:
Average Annual EPA Burden and Cost, NESHAP for Primary Magnesium
Refining (40 CFR part 63, subpart TTTTT) (Renewal).

6(f)  Reasons for Change in Burden

The changes in burden from the most recently approved ICR are due to an
adjustment.  Calculation errors in the previous ICR were corrected,
resulting in a small decrease in the respondent burden hours and cost
and an increase to the calculated Agency burden hours and cost.

6(g)  Burden Statement

The annual public reporting and recordkeeping burden for this collection
of information is estimated to average 153 hours per response.  Burden
means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or
for a Federal agency.  This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.

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

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID Number
EPA–HQ–OECA–2009–0522.  An electronic version of the public
docket is available at http://www.regulations.gov/ which may be used to
obtain a copy of the draft collection of information, submit or view
public comments, access the index listing of the contents of the docket,
and to access those documents in the public docket that are available
electronically.  When in the system, select “search,” then key in
the docket ID number identified in this document.  The documents are
also available for public viewing at the Enforcement and Compliance
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC.  The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.  The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for the
docket center is<PHONE_NUMBER>.  Also, you can send comments to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Officer for EPA.  Please include the EPA Docket ID Number
EPA–HQ–OECA–2009–0522 and OMB Control Number 2060-0536 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 Primary
Magnesium Refining (40 CFR part 63, subpart TTTTT) (Renewal)

Burden Item

(A) Person-hours per occurrence

(B)

Number of occurrences per year

(C) Person-hrs. per respondent per year

 (C=A*B)

(D) Respondents per year

(E) Technical person-hrs. per year (E=C*D)

(F) Management person-hrs. per year

(F=E*0.05)

(G) Clerical person-hrs. per year (G=E*0.1)

(H)

Annual costs ($)

1. Reporting requirements

	a. Read rule and instructions	4	1	4	1	4	0.2	0.4	390

b. Process/review information	4	4	16	1	16	0.8	1.6	1,558

c. Write reports

	i. Initial notification	2	1	2	0	0	0	0	0

ii. Notification of compliance status	2	1	2	0.33	0.66	0.03	0.07	64

iii. Notification of construction/reconstruction	2	1	2	0	0	0	0	0

iv. Notification of actual startup	2	1	2	0	0	0	0	0

v. Notification of performance test	2	1.2	2.4	0.331	0.79	0.04	0.08	77

vi. Report of performance test	180	1.2	216	0.331	71.28	3.56	7.13	6,942

vii. Semiannual report	10	2	20	1	20	1	2	1,948

viii. Startup, shutdown, malfunction report	4	1	4	1	4	0.2	0.4	390

Subtotal Reporting

	134	11,369

2. Recordkeeping requirements

	a. Read rule and instructions	4	1	4	1	4	0.2	0.4	390

b. Plan activities	12	1	12	1	12	0.6	1.2	1,169

c. Implement activities	12	1	12	1	12	0.6	1.2	1,169

d. Time to train personnel	10	1	10	1	10	0.5	1	974

e. Time to enter information	-	-	-	-	-	-	-	-

f. Store, file, and maintain records	1	365	365	1	365	18.25	36.5	35,551

g. Retrieve records/reports	1	12	12	1	12	0.6	1.2	1,169

Subtotal Recordkeeping

	477	40,422

Total Burden (Hrs) and Costs

	611	$51,791

Table 2:  Average Annual EPA Burden, NESHAP for Primary Magnesium
Refining (40 CFR part 63, subpart TTTTT) (Renewal)

Burden Item	(A)

Person-hours

per

occurrence	(B)

Number of occurrences per year	(C)

Number of respondents	(D)

Technical person-hours per year

(D=A*B*C)	(E)

Management person-hours per year

(E=D*0.05)	(F)

Clerical person-hours per year

(F=D*0.1)	(G)

Annual costs

($)

1. Initial performance test	24	1	0.33	7.92	0.4	0.79	377

2. Repeat performance test	24	0.2	0.33	1.58	0.08	0.16	75

3. Report review

	  a) Initial notification	8	1	0	0	0	0	0

b) Notification of performance test	8	1.2	0.33	3.17	0.16	0.32	151

c) Notification of compliance status	8	1	0.33	2.64	0.13	0.26	125

d) Notification of construction/reconstruction	8	1	0	0	0	0	0

e)  Notification of actual startup	8	1	0	0	0	0	0

f) Report of performance test	8	1.2	0.33	3.17	0.16	0.32	151

g) Semiannual report	16	4	2	128	6.4	12.8	6,094

h) Startup, shutdown,          malfunction report	8	1	1	8	0.4	0.8	381

Total Burden (Hrs) and Costs

178	$7,354

 Performance test repeated once in three years.

 Includes Method 23 test.

 Includes inspection of unpaved areas.

 PAGE

 PAGE   16

 PAGE


[Federal Register Volume 88, Number 245 (Friday, December 22, 2023)]
[Notices]
[Pages 88685-88687]
[FR Doc No: 2023-28193]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99196; File No. SR-CboeBZX-2023-070]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To List and Trade Shares of the ARK 21Shares
Ethereum ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares

December 18, 2023.
    On September 6, 2023, Cboe BZX Exchange, Inc. (``BZX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the ARK
21Shares Ethereum ETF (``Trust'') under BZX Rule 14.11(e)(4),
Commodity-Based Trust Shares. The proposed rule change was published
for comment in the Federal Register on September 27, 2023.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98467 (Sept. 21,
2023), 88 FR 66515 (``Notice''). The Commission has received no
comments on the proposal.
---------------------------------------------------------------------------

    On September 27, 2023, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ This order institutes proceedings under Section 19(b)(2)(B)
of the Act \6\ to determine whether to approve or disapprove the
proposed rule change.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 98565, 88 FR 68187
(Oct. 3, 2023). The Commission designated December 26, 2023, as the
date by which the Commission shall approve or disapprove, or
institute proceedings to determine whether to disapprove, the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Summary of the Proposal

    As described in more detail in the Notice,\7\ the Exchange proposes
to list and trade the Shares of the Trust under BZX Rule 14.11(e)(4),
which governs the listing and trading of Commodity-Based Trust Shares
on the Exchange.
---------------------------------------------------------------------------

    \7\ See Notice, supra note 3.
---------------------------------------------------------------------------

    The investment objective of the Trust will be to seek to track the
performance of ether, as measured by the performance of the CME CF
Ether-Dollar Reference Rate--New York Variant (``Index''), adjusted for
the Trust's expenses and other liabilities.\8\ The Trust's assets will
consist of ether held by the Trust's custodian on behalf of the
Trust.\9\ The Trust will value its Shares daily based on the value of
ether as reflected by the Index.\10\ The administrator of the Trust
will determine the net asset value (``NAV'') of the Trust on each day
that the Exchange is open for regular trading, as promptly as
practicable after 4:00 p.m. ET.\11\ In determining the Trust's NAV, the
administrator values the ether held by the Trust based on the price set
by the Index as of 4:00 p.m. ET.\12\ When the Trust sells or redeems
its Shares, it will do so in ``in-kind'' transactions with authorized
participants in blocks of 5,000 Shares.\13\
---------------------------------------------------------------------------

    \8\ See id. at 66518. 21Shares US LLC (``Sponsor'') is the
sponsor of the Trust. See id. at 66515.
    \9\ See id. at 66515. The Trust generally does not intend to
hold cash or cash equivalents; however, there may be situations
where the Trust would unexpectedly hold cash on a temporary basis.
See id. at 66515-16.
    \10\ See id. at 66518.
    \11\ See id. at 66519.
    \12\ See id.
    \13\ See id. at 66516.
---------------------------------------------------------------------------

II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2023-070 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \14\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposed rule change, as discussed below. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\15\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices'' and ``to protect investors and the
public interest.'' \16\
---------------------------------------------------------------------------

    \15\ Id.
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice, in addition to any other comments they may wish to
submit about the proposed rule change. In particular, the Commission
seeks comment on the following questions and asks commenters to submit
data where appropriate to support their views:
    1. Given the nature of the underlying assets held by the Trust, has
the Exchange properly filed its proposal to list and trade the Shares
under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares? \17\
---------------------------------------------------------------------------

    \17\ BZX Rule 14.11(e)(4)(C)(i) defines the term ``Commodity-
Based Trust Shares'' as a security (a) that is issued by a trust
that holds a specified commodity deposited with the trust; (b) that
is issued by such trust in a specified aggregate minimum number in
return for a deposit of a quantity of the underlying commodity; and
(c) that, when aggregated in the same specified minimum number, may
be redeemed at a holder's request by such trust which will deliver
to the redeeming holder the quantity of the underlying commodity.

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

    2. The Exchange raises substantially similar arguments to support
the listing and trading of the Shares as those made in proposals to
list and trade spot bitcoin exchange-traded products (``Bitcoin
ETPs''). Do commenters agree that arguments to support the listing of
Bitcoin ETPs apply equally to the Shares? Are there particular features
related to ether and its ecosystem, including its proof of stake
consensus mechanism and concentration of control or influence by a few
individuals or entities, that raise unique concerns about ether's
susceptibility to fraud and manipulation?
    3. What are commenters' views on whether the proposed Trust and
Shares would be susceptible to manipulation? What are commenters' views
generally on whether the Exchange's proposal is designed to prevent
fraudulent and manipulative acts and practices? What are commenters'
views generally with respect to the liquidity and transparency of the
ether markets and the ether markets' susceptibility to manipulation?
    4. Based on data and analysis provided by the Exchange,\18\ do
commenters agree with the Exchange that the Chicago Mercantile Exchange
(``CME''), on which CME ether futures trade, represents a regulated
market of significant size related to spot ether? \19\ What are
commenters' views on whether there is a reasonable likelihood that a
person attempting to manipulate the Shares would also have to trade on
the CME to manipulate the Shares? \20\ Do commenters agree with the
Exchange that trading in the Shares would not be the predominant
influence on prices in the CME ether futures market? \21\
---------------------------------------------------------------------------

    \18\ See Notice, 88 FR at 66521.
    \19\ See id. at 66518.
    \20\ See id. at 66522.
    \21\ See id.
---------------------------------------------------------------------------

    5. The Exchange states that ether is resistant to price
manipulation and that other means to prevent fraudulent and
manipulative acts and practices ``exist to justify dispensing with the
requisite surveillance sharing agreement'' with a regulated market of
significant size related to spot ether.\22\ In support, the Exchange
states, among other things, that the geographically diverse and
continuous nature of ether trading make it difficult and prohibitively
costly to manipulate the price of ether, and that the fragmentation
across ether platforms, the relatively slow speed of transactions, and
the capital necessary to maintain a significant presence on each
trading platform make manipulation of ether prices through continuous
trading activity challenging.\23\ The Exchange also states that
offering only in-kind creations and redemptions ``reduces the potential
for manipulation of the Shares through manipulation of the Index or any
of its individual constituents, again emphasizing that a potential
manipulator of the Shares would have to manipulate the entirety of the
ether spot market, which is led by the [CME] ether [f]utures market.''
\24\ Do commenters agree with the Exchange's statements regarding the
ether market's resistance to price manipulation?
---------------------------------------------------------------------------

    \22\ See id. at 66521 n.29.
    \23\ See id.
    \24\ See id. at 66522.
---------------------------------------------------------------------------

    6. The Exchange also states that it will execute a surveillance-
sharing agreement with Coinbase, Inc. (``Coinbase'') that is intended
to supplement the Exchange's market surveillance program.\25\ According
to the Exchange, the agreement is ``expected to have the hallmarks of a
surveillance-sharing agreement between two members of the [Intermarket
Surveillance Group], which would give the Exchange supplemental access
to data regarding spot [ether] trades on Coinbase where the Exchange
determines it is necessary as part of its surveillance program for the
Commodity-Based Trust Shares.'' \26\ Based on the description of the
surveillance-sharing agreement as provided by the Exchange, what are
commenters' views of such an agreement if finalized and executed? Do
commenters agree with the Exchange that such an agreement with Coinbase
would be ``helpful in detecting, investigating, and deterring fraud and
market manipulation in the Commodity-Based Trust Shares''? \27\
---------------------------------------------------------------------------

    \25\ See id.
    \26\ See id. at 66522-23. The Exchange states that ``[t]his
means that the Exchange expects to receive market data for orders
and trades from Coinbase, which it will utilize in surveillance of
the trading of Commodity-Based Trust Shares.'' Id. at 66523.
    \27\ See id. at 66522.
---------------------------------------------------------------------------

    7. The Exchange states that the ``Sponsor's research indicates that
daily correlation between the [s]pot [ether] and the CME [ether]
[f]utures . . . was over 99.88%.'' \28\ The Exchange further states
that this ``high correlation'' in pricing between CME ether futures and
spot ether indicates that there is a reasonable likelihood that a
person attempting to manipulate the Trust would also have to trade on
the CME ether futures market.\29\ What are commenters' views on the
correlation between the ether spot market and the CME ether futures
market? What are commenters' views on the extent to which a
surveillance-sharing agreement with the CME would assist in detecting
and deterring fraud and manipulation that impacts an exchange-traded
product (``ETP'') that holds spot ether, and on whether the Sponsor's
daily return correlation analysis provides any evidence to this effect?
What are commenters' views generally on whether an ETP that holds CME
ether futures and an ETP that holds spot ether are similar products?
---------------------------------------------------------------------------

    \28\ See id. at 66521. The Exchange states that this is based on
a pairwise correlation performed by the Sponsor of ether daily
returns across top centralized spot cryptocurrency platforms and the
CME from March 19, 2021, to September 5, 2023. See id.
    \29\ See id. at 66522.
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, and
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\30\
---------------------------------------------------------------------------

    \30\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Acts Amendments of 1975, Senate Comm.
on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule change should be approved
or disapproved by January 12, 2024. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
January 26, 2024.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CboeBZX-2023-070 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-CboeBZX-2023-070. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CboeBZX-2023-070 and should
be submitted on or before January 12, 2024. Rebuttal comments should be
submitted by January 26, 2024.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-28193 Filed 12-21-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 9, 2009 (Volume 74, Number 195)]
[Notices]
[Page 52283-52285]
[DOCID:fr09oc09-119]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60784; File No. SR-Phlx-2009-69]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Prohibit
Options Specialist Commission Charges

October 2, 2009.
    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 October 1, 2009, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to adopt Rule 1014, Commentary .10 to
establish that options specialists on the Exchange are prohibited from
charging commissions.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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 Exchange has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to eliminate arbitrary
and potentially excessive costs for trading options on the Exchange.
The Exchange believes that this prohibition should provide clarity to
member organizations and options investors on this topic by stating the
current position of the Exchange. Specifically, the Exchange proposes
to adopt a rule prohibiting specialist commission charges. In effect,
the rules prohibit the specialist \3\ from charging a commission for
any trade in which he participated, whether acting as agent or
principal. In addition, the rules prohibit a specialist from charging a
commission or fee for the handling, execution or processing of an order
delivered through the Exchange's automated trading system, Phlx XL
II,\4\ whether the specialist is acting as principal or agent for the
order. The agency responsibilities of a specialist have virtually been
eliminated, as the Exchange's trading systems have become increasingly
automated, particularly with the completed roll-out of Phlx XL II, the
Exchange's new, enhanced options trading system.\5\
---------------------------------------------------------------------------

    \3\ The term ``specialist'' is used interchangeably with
``specialist unit.''
    \4\ See Rule 1080.
    \5\ See e.g., Rule 1080(m), which covers the Exchange's routing
of orders to other markets, which was previously done by
specialists.
---------------------------------------------------------------------------

    The Exchange's By-Laws give broad authority for the Exchange to
impose and regulate fees.\6\ Given market developments and changes in
market structure, the Exchange believes that it is inappropriate for
specialists to be charging commissions and fees; specialists occupy an
important status in the Exchange's options marketplace and the Exchange
believes that it is not good market practice for specialists to charge
commissions in connection with specialist functions. The Exchange feels
that it is necessary to file this proposed rule change to eliminate any
ambiguity with respect to its position on the topic. Adoption of this
rule should not be interpreted to mean that any specialist fee or
commission charged before the adoption was valid or permitted.
---------------------------------------------------------------------------

    \6\ See Exchange By-Law Article XIV, Section 14-1(a) and Article
XII, Section 12-6(b).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
because specialist commissions increase the cost of doing business on
the Exchange, which, in turn, weakens the Exchange's competitive
position and potentially increase the cost of options trading for
investors. For these same reasons, the Exchange also believes that the
proposed rule change is consistent with Section 11(A)(a)(1)(C) of the
Act,\9\ which states that it is in the public interest and appropriate
for the protection of investors and the maintenance of fair and orderly
markets to assure, among other things, economically efficient execution
of securities transactions, and fair competition among brokers and
dealers, among exchange markets, and between exchange markets and
markets other than exchange markets.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ 15 U.S.C. 78K-1(a)(1)(C).
---------------------------------------------------------------------------

    In addition, the Exchange believes that the proposal is consistent
with Section 6(e)(1) of the Act,\10\ because it is not designed to
permit unfair discrimination between customers, issuers, brokers and
dealers, or to impose any schedule or fix rates of commissions,
allowances, discounts, or other fees to be charged by its members.
Section 6(e) of the Act \11\ was adopted by Congress in 1975 to
statutorily prohibit the fixed minimum commission rate system. The
fixed minimum commission rate system allowed exchanges to set minimum
commission rates that their members had to charge their customers, but
allowed members to charge more. The Exchange's proposal, by contrast,
does not establish a minimum commission rate, but instead prohibits the
Exchange's specialists from charging a commission for handling an
order, as part of their responsibilities as a specialist. Accordingly,
the Exchange does not believe that this proposed rule constitutes
fixing commissions, allowances, discounts, or other fees for purposes
of Section 6(e)(1) of the Act.\12\ Indeed, the Commission has
previously noted that limits on fees that specialists may charge apply
only to members who choose to be specialists, and that, by limiting
fees, an exchange is merely imposing a condition, which is consistent
with the Act, on a member's appointment as a specialist.\13\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(e)(1).
    \11\ 15 U.S.C. 78f(e).
    \12\ 15 U.S.C. 78f(e)(1).
    \13\ See text preceding note 27 in Securities Exchange Act
Release No. 55913 (June 15, 2007), 72 FR 34323 (June 21, 2007) (SR-
Amex-2007-13).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) \15\ thereunder, the Exchange has designated this proposal as
one that effects a change that: (i) Does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Rule 19b-4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file 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. Furthermore, a
proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act
\16\ normally does not become operative for 30 days after the date of
its filing.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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-Phlx-2009-69 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-Phlx-2009-69. 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
am and 3 pm. 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-Phlx-2009-69 and should be
submitted on or before October 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24355 Filed 10-8-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: March 1, 2010 (Volume 75, Number 39)]
[Rules and Regulations]
[Page 9098-9100]
[DOCID:fr01mr10-6]

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

DEPARTMENT OF TRANSPORTATION

14 CFR Part 97

[Docket No. 30712; Amdt. No. 3363]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective March 1, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of March 1, 2010.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability_All SIAPs are available online free of charge. Visit
nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff
Minimums and ODP copies may be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125),
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and
Sec.  97.20 of Title 14 of the Code of Federal Regulations.
    The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAP and the corresponding effective dates. This
amendment also identifies the airport and its location, the procedure
and the amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP as amended in the transmittal. For safety and
timeliness of change considerations, this amendment incorporates only
specific changes contained for each SIAP as modified by FDC/P-NOTAMs.
    The SIAPs, as modified by FDC P-NOTAM, and contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these changes to
SIAPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts. The circumstances which created the need for all
these SIAP amendments requires making them effective in less than 30
days.
    Because of the close and immediate relationship between these SIAPs
and safety in air commerce, I find that notice and public procedure
before adopting these SIAPs are impracticable and contrary to the
public interest and, where applicable, that good cause exists for
making these SIAPs effective in less than 30 days.

Conclusion

    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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on February 19, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal regulations, Part 97, 14 CFR part 97, is amended by amending
Standard Instrument Approach Procedures, effective at 0901 UTC on the
dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.
    2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, and
97.35  [Amended]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
     AIRAC date            State              City               Airport          FDC No.      FDC date                       Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
8-Apr-10............  OK              ENID...............  ENID WOODRING RGNL.       0/2566       2/3/10  VOR RWY 35, AMDT 14.
8-Apr-10............  OK              ENID...............  ENID WOODRING RGNL.       0/2569       2/3/10  RNAV (GPS) RWY 35, ORIG.
8-Apr-10............  OK              ENID...............  ENID WOODRING RGNL.       0/2579       2/3/10  ILS OR LOC RWY 35, AMDT 5.
8-Apr-10............  WI              MADISON............  BLACKHAWK AIRFIELD.       0/2837       2/3/10  VOR OR GPS A, ORIG-B.
8-Apr-10............  FL              NAPLES.............  NAPLES MUNI........       0/2858       2/4/10  VOR RWY 23, AMDT 6C.
8-Apr-10............  AL              MOBILE.............  MOBILE REGIONAL....       0/3027       2/8/10  RNAV (GPS) RWY 32, AMDT 1.
8-Apr-10............  KS              GARDNER............  GARDNER MUNI.......       0/3029       2/4/10  TAKEOFF MINIMUMS AND OBSTACLE DP, ORIG.
8-Apr-10............  WI              HAYWARD............  SAWYER COUNTY......       0/3031       2/3/10  RNAV (GPW) RWY 2, ORIG.
8-Apr-10............  OH              AKRON..............  AKRON-CANTON              0/3076       2/3/10  VOR OR GPS RWY 23, AMDT 9A.
                                                            REGIONAL.
8-Apr-10............  OH              AKRON..............  AKRON-CANTON              0/3078       2/3/10  RADAR-1, AMDT 23.
                                                            REGIONAL.
8-Apr-10............  OH              AKRON..............  AKRON-CANTON              0/3079       2/3/10  VOR OR GPS RWY 5, AMDT 2A.
                                                            REGIONAL.
8-Apr-10............  OK              BRISTOW............  JOMES MEML.........       0/3089       2/3/10  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 4.
8-Apr-10............  MO              AVA................  AVA BILL MARTIN           0/3090       2/3/10  VOR A, AMDT 2.
                                                            MEMORIAL.
8-Apr-10............  OK              ARDMORE............  ARDMORE MUNI.......       0/3093       2/3/10  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 1.
8-Apr-10............  MO              LEXINGTON..........  LEXINGTON MUNI.....       0/3105       2/4/10  VOR/DME OR GPS RWY 22, ORIG.
8-Apr-10............  IA              AMES...............  AMES MUNI..........       0/3187       2/3/10  ILS OR LOC RWY 1, AMDT 1A.
8-Apr-10............  MO              SEDALIA............  SEDALIA MEMORIAL...       0/3231       2/4/10  RNAV (GPS) RWY 18, AMDT 1A.
8-Apr-10............  MO              SEDALIA............  SEDALIA MEMORIAL...       0/3232       2/4/10  RNAV (GPS) RWY 36, AMDT 1A.
8-Apr-10............  MO              MEXICO.............  MEXICO MEMORIAL....       0/3233       2/4/10  RNAV (GPS) RWY 24, AMDT 1.
8-Apr-10............  MO              MEXICO.............  MEXICO MEMORIAL....       0/3234       2/4/10  LOC/DME RWY 24, AMDT 1.
8-Apr-10............  LA              GALLIANO...........  SOUTH LAFOURCHE           0/3269       2/3/10  RNAV (GPS) RWY 18, AMDT 1.
                                                            LEONARD MILLER JR.
8-Apr-10............  LA              JENNINGS...........  JENNINGS...........       0/3270       2/4/10  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 2.
8-Apr-10............  LA              JENNINGS...........  JENNINGS...........       0/3272       2/4/10  VOR/DME RWY 8, AMDT 1.
8-Apr-10............  LA              JENNINGS...........  JENNINGS...........       0/3274       2/4/10  RNAV (GPS) RWY 8, ORIG.
8-Apr-10............  WI              FOND DU LAC........  FOND DU LAC COUNTY.       0/3283       2/3/10  VOR/DME OR GPS RWY 18, AMDT 6B.
8-Apr-10............  WI              MADISON............  DANE COUNTY               0/3285       2/3/10  VOR/DME OR TACAN RWY 18, AMDT 1.
                                                            REGIONAL--TRUAX
                                                            FIELD.
8-Apr-10............  WI              MADISON............  DANE COUNTY               0/3287       2/3/10  VOR/DME OR TACAN RWY 14, ORIG-A.
                                                            REGIONAL--TRUAX
                                                            FIELD.
8-Apr-10............  IL              CHICAGO............  CHICAGO MIDWAY INTL       0/3288       2/3/10  ILS OR LOC/DME RWY 31C, ORIG.
8-Apr-10............  WI              FOND DU LAC........  FOND DU LAC COUNTY.       0/3289       2/3/10  RNAV (GPS) RWY 36, ORIG.
8-Apr-10............  IL              CHICAGO............  CHICAGO MIDWAY INTL       0/3290       2/3/10  RNAV (GPS) RWY 22R, ORIG.
8-Apr-10............  IL              CHICAGO/PROSPECT     CHICAGO EXECUTIVE..       0/3291       2/4/10  RNAV (GPS) RWY 16, ORIG.
                                       HGTS/WHEELING.
8-Apr-10............  WI              MADISON............  DANE COUNTY               0/3311       2/3/10  RADAR-1, AMDT 17.
                                                            REGIONAL--TRUAX
                                                            FIELD.
8-Apr-10............  TX              LUFKIN.............  ANGELINA COUNTY....       0/3312       2/4/10  ILS OR LOC RWY 7, AMDT 2.
8-Apr-10............  TX              LUFKIN.............  ANGELINA COUNTY....       0/3313       2/4/10  RNAV (GPS) RWY 7, ORIG.
8-Apr-10............  MO              CHARLESTON.........  MISSISSIPPI COUNTY.       0/3322       2/3/10  NDB OR GPS RWY 36, AMDT 3.
8-Apr-10............  TX              BAY CITY...........  BAY CITY MUNI......       0/3357       2/4/10  GPS RWY 31, ORIG-A.
8-Apr-10............  MO              CAPE GIRARDEAU.....  CAPE GIRARDEAU RGNL       0/3431       2/4/10  ILS OR LOC RWY 10, AMDT 11.
8-Apr-10............  MO              ST LOUIS...........  LAMBERT--ST LOUIS         0/3434       2/4/10  ILS OR LOC RWY 6, AMDT 1B.
                                                            INTL.
8-Apr-10............  MO              CAPE GIRARDEAU.....  CAPE GIRARDEAU RGNL       0/3436       2/4/10  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 7.
8-Apr-10............  WI              MADISON............  DANE COUNTY               0/3469       2/3/10  VOR/DME OR TACAN RWY 32, ORIG-A.
                                                            REGIONAL--TRUAX
                                                            FIELD.
8-Apr-10............  TX              BAY CITY...........  BAY CITY MUNI......       0/3470       2/4/10  GPS RWY 13, ORIG-A.
8-Apr-10............  IA              STORM LAKE.........  STORM LAKE MUNI....       0/3484       2/4/10  NDB RWY 17, ORIG.
8-Apr-10............  IA              STORM LAKE.........  STORM LAKE MUNI....       0/3485       2/4/10  RNAV (GPS) RWY 17, ORIG.
8-Apr-10............  IA              STORM LAKE.........  STORM LAKE MUNI....       0/3492       2/4/10  NDB RWY 35, AMDT 1B.

8-Apr-10............  ME              PRESQUE ISLE.......  NORTHERN MAINE            0/3911       2/4/10  VOR RWY 19, AMDT 10A.
                                                            REGIONAL ARPT AT
                                                            PRESQUE IS.
8-Apr-10............  FL              ST PETERSBURG-       ST PETERSBURG-            0/4070       2/4/10  RNAV (GPS) RWY 17L, ORIG-A.
                                       CLEARWATER.          CLEARWATER INTL.
8-Apr-10............  FL              PALM COAST.........  FLAGLER COUNTY.....       0/4071       2/4/10  TAKEOFF MINIMUMS AND OBSTACLE DP, ORIG.
8-Apr-10............  NM              TAOS...............  TAOS REGIONAL......       0/4122       2/4/10  VOR/DME B, AMDT 3.
8-Apr-10............  WI              FOND DU LAC........  FOND DU LAC COUNTY.       0/4190       2/3/10  TAKEOFF MINIMUMS AND OBSTACLE DP, AMDT 1.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4194       2/4/10  VOR RWY 23, AMDT 10.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4195       2/4/10  RNAV (GPS) RWY 33, ORIG.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4196       2/4/10  RNAV (GPS) RWY 5, ORIG-B.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4197       2/4/10  RNAV (GPS) RWY 23, ORIG-A.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4198       2/4/10  VOR RWY 5, AMDT 8.
8-Apr-10............  CT              GROTON/NEW LONDON..  GROTON-NEW LONDON..       0/4229       2/4/10  ILS OR LOC RWY 5, AMDT 11A.
8-Apr-10............  FL              GAINESVILLE........  GAINESVILLE RGNL...       0/4309       2/4/10  RADAR-1, ORIG.
8-Apr-10............  FL              GAINESVILLE........  GAINESVILLE RGNL...       0/4310       2/4/10  RNAV (GPS) RWY 25, AMDT 1.
8-Apr-10............  FL              GAINESVILLE........  GAINESVILLE RGNL...       0/4311       2/4/10  RNAV (GPS) RWY 29, AMDT 1.
8-Apr-10............  AZ              PHOENIX............  PHOENIX SKY HARBOR        0/4365       2/4/10  RNAV (GPS) Y RWY 25R, AMDT 2.
                                                            INTL.
8-Apr-10............  AZ              FLAGSTAFF..........  FLAGSTAFF PULLIAM..       0/4366       2/4/10  ILS OR LOC/DME RWY 21, ORIG-D.
8-Apr-10............  MO              MALDEN.............  MALDEN RGNL........       0/4375       2/5/10  RNAV (GPS) RWY 18, AMDT 1.
8-Apr-10............  TX              HOUSTON............  DAVID WAYNE HOOKS         0/4395       2/5/10  LOC RWY 17R, AMDT 1A.
                                                            MEMORIAL.
8-Apr-10............  IL              MOLINE.............  QUAD CITY INTL.....       0/4448       2/5/10  ILS OR LOC RWY 9, AMDT 30A.
8-Apr-10............  OH              ALLIANCE...........  MILLER.............       0/4456       2/5/10  VOR OR GPS A, AMDT 8B.
8-Apr-10............  SD              SIOUX FALLS........  JOE FOSS FIELD.....       0/4477       2/5/10  RNAV (GPS) RWY 15, ORIG-C.
8-Apr-10............  SD              SIOUX FALLS........  JOE FOSS FIELD.....       0/4478       2/5/10  RNAV (GPS) RWY 3, ORIG-B.
8-Apr-10............  SD              SIOUX FALLS........  JOE FOSS FIELD.....       0/4479       2/5/10  RNAV (GPS) RWY 33, ORIG-B.
8-Apr-10............  OH              ASHTABULA..........  ASHTABULA COUNTY...       0/4501       2/5/10  VOR/DME RWY 26, AMDT 6A.
8-Apr-10............  OH              ASHTABULA..........  ASHTABULA COUNTY...       0/4502       2/5/10  VOR RWY 8, ORIG-A.
8-Apr-10............  OK              MEDFORD............  MEDFORD MUNI.......       0/4816       2/8/10  RNAV (GPS) RWY 17, ORIG.
8-Apr-10............  TN              BRISTOL/JOHNSON/     TRI-CITIES RGNL....       0/4944       2/9/10  RNAV (GPS) RWY 9, ORIG.
                                       KINGSPORT.
8-Apr-10............  MT              HAMILTON...........  RAVALLI COUNTY.....       0/4997       2/9/10  RNAV (GPS) RWY B, ORIG.
8-Apr-10............  MT              HAMILTON...........  RAVALLI COUNTY.....       0/4994       2/9/10  RNAV (GPS) RWY A, ORIG.
8-Apr-10............  NC              CHARLOTTE..........  CHARLOTTE/DOUGLAS         0/5474      2/11/10  RNAV (RNP) Z RWY 36C, ORIG.
                                                            INTL.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-3938 Filed 2-26-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53807-53808]
[FR Doc No: 2020-19113]

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

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: ER19-467-006.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance: ESRs Subject to TSC,
NTAC to be effective 8/26/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5136.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-838-004.
    Applicants: Duke Energy Ohio, Inc.
    Description: Tariff Amendment: DEO-AEP Request for Extention SA
1491 to be effective 12/21/2019.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5074.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2284-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 2900R13 Kansas Municipal Energy
Agency NITSA NOA Motion for Deferral to be effective 12/31/9998.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5215.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2720-000.
    Applicants: Crossover Wind LLC, Crossover Wind 2 LLC.
    Description: Request for Limited Waiver of Tariff Provisions, et
al. of Crossover Wind LLC, et al.

    Filed Date: 8/21/20.
    Accession Number: 20200821-5237.
    Comments Due: 5 p.m. ET 8/31/20.

    Docket Numbers: ER20-2723-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) Rate Filing: Revised Section 4.2--Order
676-I to be effective 11/2/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5207.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2724-000.
    Applicants: NSTAR Electric Company.
    Description: Initial rate filing: H.Q. Energy Services Tsfr of Use
Rights Phase I/II HVDC Transmission Facilities to be effective 11/1/
2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5219.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2725-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) Rate Filing: Reinstated Language--
Attachment O, Section 8 to be effective 5/26/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5235.
    Comments Due: 5 p.m. ET 9/14/20.

    Docket Numbers: ER20-2726-000.
    Applicants: Grand Energy, LLC.
    Description: Baseline eTariff Filing: Application For Market Based
Rate Authority to be effective 9/1/2020.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5245.
    Comments Due: 5 p.m. ET 9/14/20

    Docket Numbers: ER20-2728-000
    Applicants: Americhoice Energy IL, LLC
    Description: Tariff Cancellation: Cancellation of MBR Tariff to be
effective 8/31/2020.
    Filed Date: 8/24/20
    Accession Number: 20200824-5246
    Comments Due: 5 p.m. ET 9/14/20
    Docket Numbers: ER20-2729-000
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3660 Solaer USA NM ACR, LLC
GIA Cancellation to be effective 7/26/2020.
    Filed Date: 8/25/20
    Accession Number: 20200825-5022
    Comments Due: 5 p.m. ET 9/15/20
    Docket Numbers: ER20-2730-000
    Applicants: Americhoice Energy OH, LLC
    Description: Tariff Cancellation: Cancellation of MBR Tariff to be
effective 8/31/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5052.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2731-000.
    Applicants: Americhoice Energy PA, LLC.
    Description: Tariff Cancellation: Cancellation of MBR Tariff to be
effective 8/31/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5054.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2732-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA,
Service Agreement No. 5609; Queue No. AE1-219 to be effective 8/17/
2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5063.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2733-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Tariff Cancellation: Notice of Cancellation of Service
Agreement No. 833 to be effective 7/3/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5086.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2734-000.
    Applicants: Alabama Power Company.
    Description: Initial rate filing: Southern-FPL-Gulf Settlement
Agreement Filing to be effective 7/3/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5104.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2735-000.
    Applicants: Georgia Power Company.
    Description: Initial rate filing: Southern-FPL-Gulf Settlement
Agreement Filing to be effective 7/3/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5108.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2736-000.
    Applicants: Mississippi Power Company.
    Description: Initial rate filing: Southern-FPL-Gulf Settlement
Agreement Filing to be effective 7/3/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5113.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2737-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA 5728; Queue
AF1-264; Cancel WMPA, SA 3318; Queue X3-075 to be effective 7/31/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5118.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2738-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original ISA, SA 5727; Queue
AF1-261; Cancel WMPA, SA 3147; Queue W4-103 to be effective 7/31/2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5119.
    Comments Due: 5 p.m. ET 9/15/20.

    Docket Numbers: ER20-2739-000.
    Applicants: Peetz Table Wind, LLC.
    Description: Baseline eTariff Filing: Peetz Table Wind, LLC CFA
with Logan Wind, NorCol Wind I & NorCol Wind II to be effective 9/16/
2020.
    Filed Date: 8/25/20.
    Accession Number: 20200825-5135.
    Comments Due: 5 p.m. ET 9/15/20.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR20-6-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Request of North American Electric Reliability
Corporation for Acceptance of its 2021 Business Plan and Budget and the
2021 Business Plans and Budgets of Regional Entities and for Approval
of Proposed Assessments to Fund Budgets.
    Filed Date: 8/24/20.
    Accession Number: 20200824-5278.
    Comments Due: 5 p.m. ET 9/14/20.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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: August 25, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-19113 Filed 8-28-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Page 16011]
[FR Doc No: 2019-07708]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0604; FRL-9990-36]

Materials Supporting the Colour Index (C. I.) Pigment Violet 29
Risk Evaluation; Notice of Availability and Comment Opportunity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of updated systematic
review supplemental files with data evaluation scoring sheets, as
supporting documents for the draft risk evaluation for Colour Index (C.
I.) Pigment Violet 29 (PV29) under the Toxic Substances Control Act
(TSCA). EPA has already made 24 full study reports on PV29 available to
the public, in some instances with information withheld as confidential
business information (CBI) pursuant to EPA regulations. EPA is seeking
public comment on the draft risk evaluation for PV29 in light of the
additional materials already made or being made publicly available.
These materials have been considered in the risk evaluation process of
PV29, and EPA has also submitted these materials to the TSCA Science
Advisory Committee on Chemicals (SACC). Comments submitted will be
considered by the agency and also provided to the TSCA SACC peer review
panel, which will have the opportunity to consider the comments during
its discussions.

DATES: Comments must be received on or before April 17, 2019.

ADDRESSES: Submit your comments, identified by Docket Identification
(ID) Number EPA-HQ-OPPT-2018-0604, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Stanley Barone Jr., Office of
Pollution Prevention and Toxics (7403M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action is directed to the public in general. This action may
be of interest to persons who are interested in risk evaluations of
existing chemical substances under the Toxic Substances Control Act
(TSCA) in general, and PV29 in particular. Since other persons may also
be interested in this, the Agency has not attempted to describe all
that may be interested in this action.

II. What action is the agency taking?

    EPA is announcing the availability of updated systematic review
supplemental file with data evaluation scoring sheets which are
available in Docket ID No. EPA-HQ-OPPT-2018-0604 at http://www.regulations.gov. EPA is seeking public comment on the draft risk
evaluation for PV29 in light of the additional materials being made
publicly available. These materials have been considered in the risk
evaluation process of PV29 and all comments received in response to
this solicitation will be provided to the TSCA SACC for consideration
during their peer review.

III. What should I consider as I prepare my comments for EPA?

A. Submitting CBI

    Do not submit CBI information to EPA through regulations.gov or via
email. Clearly mark the part or all of the information that you claim
to be CBI. For CBI information in a disk or CD-ROM that you mail to
EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information marked as CBI will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.

B. Tips for Preparing Your Comments

    When preparing and submitting your comments, see the commenting
tips at http://www.epa.gov/dockets/comments.html.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: April 11, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2019-07708 Filed 4-16-19; 8:45 am]
BILLING CODE 6560-50-P


Meeting with FMC and Exponent on PBPK models for Dimethoate and Malathion.  On October 21, 2019, representatives of FMC and Exponent met with HED and PRD to provide an update on their physiological based pharmacokinetic (PBPK) models for dimethoate and malathion.  These models may be useful in refining the EPA's human health risk assessments by allowing model derived points-of-departure and the estimation of data-derived extrapolation factors (DDEFs) in place of the standard, default interspecies uncertainty factor.  It is anticipated that FMC and Exponent will provide the models to EPA for review by late 2019 or early 2020.  (Kent Fothergill, 703-347- 8299; Carolyn Smith,<PHONE_NUMBER>)