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

1. Agency/ Subagency originating request EPA, Office of Environmental Information 2. OMB control number b. G None a 2 0 7 0  0 1 4 3 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c.

Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a.

Regular b G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes

No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a.

Three years from approval date b. G Other Specify: / /___

7. Title Toxic Chemical Release Reporting, Recordkeeping, Supplier Notification and Petitions under Section 313 of the Emergency Planning and Community Right to Know Act ( EPCRA): Renewal 8. Agency form number( s) ( If applicable) EPA ICR # 1363.13; EPA Form No. 9350 1 9. Keywords Environmental Protection, Community Right to Know, Reporting and Recordkeeping Requirements, Toxic Chemicals 10. Abstract This ICR extends approval to collect information under the Emergency Planning and Community Right to Know Act ( EPCRA) section 313 and section 6607 of the Pollution Prevention Act ( PPA) of 1990. Respondents submit information concerning toxic chemical releases into the air, land and water.

11. Affected public ( Mark primary with " P" and all others that apply with " X")

a. X Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c.

Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 23,000 b. Total annual responses 84,000 1. Percentage of these responses collected electronically 85 % c. Total hours requested 2,432,898 d. Current OMB inventory 5,566,564 e. Difference  3,133,666 f. Explanation of difference 1. Program Change 0 2. Adjustment  3,133,666 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 0 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a.

Recordkeeping b. Q Third party disclosure c.

Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6.

Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes

No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Judith C. Kendall Phone: ( 202) 566 0750 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

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

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

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

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

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

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

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

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

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

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

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

Signature of Program Official Randy Hill, Acting Director Toxics Release Inventory Program Division Office of Environmental Information Date Signature of Senior Official or designee Doreen Sterling, Acting Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


[Federal Register: September 25, 2008 (Volume 73, Number 187)]
[Notices]
[Page 55556-55557]
[DOCID:fr25se08-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 58611]

Securities Exchange Act of 1934 Amendment to Emergency Order
Pursuant to Section 12(k)(2) of the Securities Exchange Act of 1934
Taking Temporary Action To Respond to Market Developments

September 21, 2008.
    Pursuant to Section 12(k)(2) of the Securities Exchange Act of
1934,\1\ on September 18, 2008, the Securities and Exchange Commission
(``Commission'') issued an Emergency Order (the ``Order'') related to
short selling the publicly traded securities of certain financial
firms.\2\ The Order was effective immediately. The Commission is
issuing this amendment to address current and anticipated technical and
operational concerns resulting from the requirements of the Order.
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    \1\ 15 U.S.C. 78l(k)(2).
    \2\ See Securities Exchange Act Release No. 58592 (Sept. 18,
2008).
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A. Included Financial Firms

    The Order applies to the publicly traded securities of certain
financial firms, which entities are identified in Appendix A to the
Order (``Included Financial Firms''). We are amending the Order to
modify the list of Included Financial Firms. As we stated in the Order,
recent market conditions have raised concerns that short selling in the
securities of a wide range of financial institutions may be causing
sudden and excessive fluctuations of the prices of such securities in
such a manner to threaten fair and orderly markets. Difficulties with
the classification criteria led to the omission of financial
institutions falling within these categories. In light of the
familiarity of the exchanges listing financial institutions with the
nature of their respective businesses, the Commission has determined to
amend this Order to provide that the listing markets shall select the
individual financial institutions with securities covered by the Order.
The Commission expects each national securities exchange listing
financial institutions to immediately publish a list, on its Internet
Web site, of individual listed companies with common equity that will
be covered by the Order's prohibition on short sales. The Commission
expects these lists to cover banks, savings associations, broker-
dealers, investment advisers, and insurance companies, whether domestic
or foreign, and the owners of any of these entities.
    To the extent an issuer chooses not to be covered by the Order's
prohibition on short sales, we have authorized the applicable national
securities exchange to exclude that issuer from its list of covered
financial firms.
    It is therefore ordered that, pursuant to our Section 12(k)(2)
powers, the Order applies to the publicly traded common equity
securities of any issuer identified by any national securities exchange
listing such securities as being a financial institution (each a
``Covered Security'' and collectively, ``Covered Securities'').

B. Options and Futures Contract Expiration

    The Order includes an exception from its requirements to allow
short sales that occur as a result of automatic exercise or assignment
of an equity option held prior to effectiveness of the Order due to
expiration of the option. We are amending the Order to also allow short
sales that occur as a result of the expiration of futures contracts
held prior to effectiveness of the Order.
    It is therefore ordered that, pursuant to our Section 12(k)(2)
powers, the requirements of the Order shall not apply to any person
that effects a short sale in any Covered Security as a result of
automatic exercise or assignment of an equity option, or in connection
with settlement of a futures contract, that is held prior to
effectiveness of the Order due to expiration of the option or futures
contract.

C. Options Assignments

    To allow for creation of long call options, we are amending the
Order to except from its requirements, short sales that occur as a
result of assignment to call writers upon exercise.
    It is therefore ordered that, pursuant to our Section 12(k)(2)
powers, the requirements of the Order shall not apply to the writer of
a call option that effects a short sale in any Covered Security as a
result of assignment following exercise by the holder of the call.

D. Market Making and Derivatives

    In the Order we included an exception until 11:59 p.m. on September
19, 2008 for any person that is a market maker that effects a short
sale as part of bona fide market making and hedging activity related
directly to bona fide market making in derivatives on the publicly
traded securities of any Included Financial Firm. We are amending the
exception so that it continues for the duration of the Order. In
addition, we are clarifying that the exception applies to all market
makers, including over-the-counter market makers, and that it applies
to bona fide market making and hedging activity related directly to
bona fide market making in exchange traded funds and exchange traded
notes of which Covered Securities are a component. The purpose of this
accommodation is to permit market makers to continue to provide
liquidity to the markets.
    To help ensure that this hedging exception does not result in
increased short exposure in Covered Securities, we are limiting the
exception so that if a customer or counterparty position in a
derivative security based on a Covered Security is established after
12:01 a.m. E.D.T on September 22, 2008, a market maker may not effect a
short sale in the Covered Security if the market maker knows that the
customer's or counterparty's transaction will result in the customer or
counterparty establishing or increasing an economic net short position
(i.e., through actual positions, derivatives, or otherwise) in the
issued share capital of a firm covered by this Order.
    It is therefore ordered that, pursuant to our Section 12(k)(2)
powers, the requirements of this Order shall not apply to any person
that is a market maker, including an over-the-counter market maker,
that effects a short sale as part of a bona fide market making and
hedging activity related directly to bona fide market making in (a)
derivative securities based on Covered Securities, or (b) exchange
traded funds and exchange traded notes of which Covered Securities are
a component. Provided, however, if a customer or counterparty position
in a derivative security based on a Covered Security is established
after 12:01 a.m. E.D.T on September 22, 2008, a market maker may not
effect a short sale in the Covered Security if the market maker knows
that the customer's or counterparty's transaction will result in the
customer or counterparty establishing or increasing an economic net
short position (i.e., through actual positions, derivatives, or
otherwise) in the issued share capital of a firm covered by this Order.
     All market makers relying on this exception to the limitation on
short selling shall, as soon as operationally practicable, publish a
notice on their Internet Web site that, pursuant to this

Order, the market maker may not knowingly effect a short sale as part
of bona fide market making and hedging activity related directly to
bona fide market making in a derivative security based on a Covered
Security, if the customer's or counterparty's transaction will result
in the customer or counterparty establishing or increasing an economic
net short position (i.e., through actual positions, derivatives, or
otherwise) in the issued share capital of a firm covered by the Order.

E. Sales of Restricted Securities

    We are also amending the Order to clarify that the Order does not
apply to persons that effect sales of Covered Securities pursuant to
Rule 144 of the Securities Act of 1933 (``Rule 144 Securities'').\3\
This accommodation is necessary because sales of Rule 144 Securities
are sales of owned securities.
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    \3\ 17 CFR 230.144.
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    It is therefore ordered that, pursuant to our Section 12(k)(2)
powers, the Order does not apply to any person that effects a sale
pursuant to Rule 144 of the Securities Act of 1933 (17 CFR 230.144) in
a Covered Security.
    We believe that these amendments are necessary in the public
interest and for the protection of investors to maintain fair and
orderly securities markets, and to prevent substantial disruption to
securities markets.

    By the Commission.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-22502 Filed 9-24-08; 8:45 am]

BILLING CODE 8010-01-P