[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Page 702]
[FR Doc No: 2019-00512]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC19-58-000]

Plantation Pipe Line Company; Notice of Filing

    Take notice that on January 16, 2019, Plantation Pipe Line Company
filed a request for approval to use Account 75, as addressed by the
Financial Accounting Standards Board.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comments: 5:00 p.m. Eastern Time on February 5, 2019.

     Dated: January 16, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-00512 Filed 1-30-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65838-65841]
[FR Doc No: 2015-27225]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76213; File No. SR-FINRA-2015-043]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the Reporting of OTC Transactions in
Exchange-Traded Managed Fund Shares (NextShares) to FINRA

October 21, 2015.
    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 15, 2015, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    FINRA is proposing to adopt Rule 6184 (Transactions in Exchange-
Traded Managed Fund Shares (``NextShares'')) relating to the reporting
of over-the-counter (``OTC'') transactions in exchange-traded managed
fund shares, which have been approved by the SEC for listing and
trading on the Nasdaq Stock Market LLC (``Nasdaq''). Exchange-traded
managed fund shares are referred to under Nasdaq rules and herein as
``NextShares.''
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
Background
    In November 2014, the SEC approved a proposed rule change filed by
Nasdaq to adopt Nasdaq Rule 5745 governing the listing and trading of
NextShares.\4\ As described more fully in Nasdaq's filing, NextShares
will trade in the secondary market using a new trading protocol called
``NAV-Based Trading.'' In NAV-Based Trading, all bids, offers and
execution prices will be expressed as a premium or discount (which may
be zero) to the fund's next-determined net asset value per share
(``NAV''), e.g., NAV-$0.01 or NAV+$0.01. A NextShares Fund's NAV will
be determined each business day after the close of trading. All trades
will be binding at the time of execution, with the transaction prices
contingent upon the determination of the NAV at the end of the trading
day.\5\ Pursuant to Nasdaq Rule 5745, trading in NextShares is limited
to Nasdaq's Regular Market Session through 4:00 p.m.\6\
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    \4\ See Securities Exchange Act Release No. 73562 (November 7,
2014), 79 FR 68309 (November 14, 2014) (Notice of Filing of
Amendment No. 1 and Order Granting Accelerated Approval of File No.
SR-NASDAQ-2014-020). In SR-NASDAQ-2014-020, Nasdaq used the terms
``ETMF'' and ``ETMF Shares.'' On October 13, 2015, Nasdaq filed a
proposed rule change to amend Nasdaq Rule 5745 to replace these
terms with ``NextShares Fund'' and ``NextShares,'' respectively. See
SR-NASDAQ-2015-121, available at nasdaq.cchwallstreet.com/NASDAQ/pdf/nasdaq-filings/2015/SR-NASDAQ-2015-121.pdf.
    \5\ Thus, because in NAV-Based Trading, prices of executed
trades are not determined until the reference NAV is calculated,
buyers and sellers of NextShares will not know the final value of
their purchases and sales until the end of the trading day.
    \6\ As explained in SR-NASDAQ-2014-020, Nasdaq Rule 4120(b)(4)
defines ``Regular Market Session'' as the trading session from 9:30
a.m. to 4:00 p.m. or 4:15 p.m.; NextShares will trade until 4:00
p.m.
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    In its filing with the SEC, Nasdaq explained that, because existing
order transmission and processing systems commonly used by exchanges
and firms are generally not designed to accommodate pricing
arrangements such as NAV-Based Trading, the prices of NextShares trades
and quotes will be represented intraday using a ``proxy price'' format.
In proxy price format, a NextShares Fund's next-determined NAV will be
represented as 100.00. A premium or discount of a stated amount to the
next-determined NAV will be represented by the same increment or
decrement from 100, e.g., NAV-$0.01 will be represented as 99.99, and
NAV+$0.01 will be represented as 100.01. Nasdaq will report intraday
bids, offers and trades for NextShares in real-time to the consolidated
tape using the proxy price format. However, the trade will not clear
and settle at the price expressed in the proxy price format. After a
NextShares Fund's NAV has been calculated at the end of the trading
day, Nasdaq will price each

trade executed on the exchange at the NAV (plus or minus any premium or
discount) and will send the final pricing information to the National
Securities Clearing Corporation (``NSCC'') for clearance and
settlement.
    Under Nasdaq Rule 5745, the Intraday Indicative Value (``IIV'') of
a NextShares Fund is the estimated intraday value of a fund share based
on current information regarding the value of the securities and other
assets held by the fund. Nasdaq's rule requires that IIVs for each
NextShares Fund be widely disseminated by one or more major market data
vendors at intervals of not more than 15 minutes throughout Nasdaq's
Regular Market Session.
    On July 21, 2015, the SEC approved Nasdaq's filing proposing to
list and trade the shares of 18 NextShares Funds, each of which is
registered as an open-end investment company.\7\ Nasdaq recently
announced that it has completed systems development to support the
listing and trading of NextShares and will announce the exact listing
and trading date soon.\8\ As noted above, it is anticipated that this
date will be on or about February 1, 2016.
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    \7\ See Securities Exchange Act Release No. 75499 (July 21,
2015), 80 FR 44406 (July 27, 2015) (Order Approving File No. SR-
NASDAQ-2015-036).
    \8\ See Equity Trader Alert #2015-144: Nasdaq Completes
Proprietary Platform Development to Support NextShares ETMFs
(September 14, 2015), available at www.nasdaqtrader.com/TraderNews.aspx?id=ETA2015-144. In its announcement, Nasdaq
indicated that the initial product listing and introduction is
subject to FINRA, DTCC and broker-dealer readiness.
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Proposed FINRA Rule 6184
    Because NextShares are NMS stocks, FINRA, as the self-regulatory
organization (``SRO'') with responsibility for the OTC market, must
support OTC trading in NextShares, and FINRA members that trade
NextShares OTC will be required to report such transactions to FINRA.
Thus, existing trade reporting requirements applicable to OTC
transactions in NMS stocks will apply to OTC transactions in
NextShares, including, for example, the requirement to report the trade
as soon as practicable, but no later than 10 seconds, following
execution.\9\
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    \9\ See, e.g., Rules 6282(a) and 6380A(a).
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    Pursuant to paragraph (a) of proposed Rule 6184, members that
execute secondary market transactions in NextShares OTC must report
such transactions for public dissemination or regulatory purposes to
the FINRA/Nasdaq Trade Reporting Facility (``FINRA/Nasdaq TRF'') or the
Alternative Display Facility (``ADF'') in accordance with the proposed
Rule and the rules applicable to the trade reporting facility used by
the reporting member.\10\ NYSE, as the Business Member under its TRF
Limited Liability Company agreement with FINRA, has determined that the
FINRA/NYSE Trade Reporting Facility will not support the reporting of
these transactions at this time. In addition, pursuant to paragraph
(d)(1) of proposed Rule 6184, OTC transactions in NextShares can only
be designated for submission by FINRA to NSCC for clearance and
settlement through the FINRA/Nasdaq TRF; otherwise, members that
execute such transactions must have an alternative means of clearing
(e.g., via direct Qualified Special Representative or ``QSR''
submission to NSCC).\11\
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    \10\ See, e.g., the Rule 6200 and 7100 Series applicable to the
ADF and the Rule 6300A and 7200A Series applicable to the FINRA/
Nasdaq TRF.
    \11\ The ADF will not support the clearing of such transactions
at this time.
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    Given the unique nature of NAV-Based Trading, FINRA is proposing
the following specific requirements for reporting OTC transactions in
NextShares to FINRA under proposed Rule 6184. First, as noted above,
Nasdaq Rule 5745 limits trading in NextShares to Nasdaq's Regular
Market Session. Accordingly, pursuant to paragraph (b) of proposed Rule
6184, trades in NextShares reported with an execution time outside of
Regular Market Session hours will be rejected by the FINRA trade
reporting facility.
    Second, pursuant to paragraph (c) of the proposed Rule, except as
otherwise expressly provided, members must use the above-described
proxy price format on all reports of transactions in NextShares
submitted to FINRA, including all tape and non-tape reports, intraday
clearing reports, as/of reports and reports of reversals.
    Third, pursuant to paragraph (d)(2)(A) of the proposed Rule,
members that report transactions in NextShares for submission by the
FINRA/Nasdaq TRF to NSCC for clearance and settlement must submit two
clearing reports: (1) The member must submit a clearing report intraday
in the proxy price format in accordance with paragraph (c); \12\ and
(2) following publication of the NextShares Fund's NAV at the end of
the day, the member also must submit a ``Clearing Copy'' report to
reflect the final NAV-based trade price, in accordance with the
following requirements set forth in paragraph (d)(2)(B) of the proposed
Rule.
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    \12\ Members must not wait until the NAV is published to submit
transactions for clearing, because, as explained below and in the
proposed Supplementary Material, all clearing submissions will be
sent intraday to NSCC for risk management purposes.
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    First, the Clearing Copy report must be submitted before the close
of the FINRA/Nasdaq TRF on the same day as submission of the
transaction in the proxy price format to ensure that the transaction is
included in NSCC's end of day processing. Second, consistent with
current FINRA rules,\13\ a Clearing Copy report should only be
submitted to the FINRA/Nasdaq TRF if the transaction was originally
reported to the FINRA/Nasdaq TRF in the proxy price format. In other
words, a member cannot report a trade for dissemination purposes to the
ADF and for clearing purposes to the FINRA/Nasdaq TRF. Third, the
Clearing Copy report must contain (1) the unique indicator specified by
FINRA to denote a Clearing Copy report, and (2) the control number of
the original trade report assigned by the FINRA/Nasdaq TRF. Such
information will allow FINRA to link the Clearing Copy report to the
associated trade report in the proxy price format. Fourth, members are
expressly prohibited from aggregating multiple OTC transactions in
NextShares in a single Clearing Copy report. In other words, members
must submit a separate Clearing Copy report for each transaction
originally reported in the proxy price format. Fifth, the proposed Rule
clarifies that following submission of the Clearing Copy report, the
member is not required to cancel the initial clearing submission for
the same transaction in the proxy price format.
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    \13\ See, e.g., Rule 7230A(i).
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    Finally, pursuant to paragraph (d)(2)(C) of the proposed Rule,
clearing reports for the purpose of transferring a position related to
a previously executed trade, such as step-outs,\14\ must reflect the
final NAV-based trade price, if submitted after publication of the NAV.
In this instance, two clearing reports would not be required, and
members would submit only a single clearing report (which would not be
a Clearing Copy report) at the final trade price.
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    \14\ A step-out allows a member firm to allocate all or part of
a client's position from a previously executed trade to the client's
account at another broker-dealer. In other words, a step-out
functions as a client's position transfer, rather than a trade;
there is no exchange of shares and funds and no change in beneficial
ownership. See, e.g., Trade Reporting FAQ 301.1, available at
www.finra.org/industry/trade-reporting-faq#301.
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    The proposed Supplementary Material provides additional guidance
for members on reporting in the proxy price format, as well as the
process for the submission of OTC transactions in NextShares to NSCC
intraday before the final trade price is known. Specifically, in
accordance with NSCC requirements, the FINRA/Nasdaq TRF will calculate

the contract price of the trade based on the last published IIV and
submit the transaction in real-time to NSCC for purposes of intraday
risk management. The transaction will not clear and settle at the IIV-
based price, but instead at the final NAV-based trade price submitted
by the reporting member in accordance with paragraph (d)(2)(B)
described above.
    The proposed Supplementary Material also clarifies that members
that clear directly at NSCC (and do not elect to have the FINRA/Nasdaq
TRF submit trades on their behalf for clearance and settlement) must
provide final pricing information for their executed trades to NSCC
after the NAV is published, in accordance with NSCC requirements. FINRA
will not do so on behalf of the member.
    FINRA notes that the staff discussed the proposed trade reporting
requirements with two of its industry advisory committees, which
generally indicated that the proposed approach to OTC trade reporting
was reasonable. Committee members also acknowledged that firms would be
required to make some systems changes for both trading and trade
reporting purposes due to the unique nature of the NAV-Based Trading
protocol. While some committee members indicated that they may not
accept customer orders in NextShares due to the complexity of the
product, other members felt that if there was customer demand, they
would have to support trading in NextShares. However, FINRA notes that
firms would not necessarily have to execute trades OTC, but could route
to an exchange or another FINRA member for execution, and in that
instance, would not be responsible for reporting the trade to FINRA.
    As noted in Item 2 of this filing, FINRA has filed the proposed
rule change for immediate effectiveness and proposes that the operative
date will be the date announced by Nasdaq for commencement of listing
and trading of NextShares on the Nasdaq exchange under Nasdaq rules,
which is currently anticipated to be on or about February 1, 2016.
FINRA believes that the FINRA/Nasdaq TRF and members alike will have
sufficient time to make and test the necessary systems changes to
ensure systems readiness by the operative date.\15\
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    \15\ FINRA notes that currently there are no participants on the
ADF, and FINRA does not anticipate there being an active ADF
participant by the current NextShares implementation date of
February 1, 2016, given the steps and timeframes required for the
on-boarding of a new ADF participant. See, e.g., Securities Exchange
Act Release No. 71407 (January 27, 2014), 79 FR 5472 (January 31,
2014) (Order Approving File No. SR-FINRA-2013-031 relating to
participation on the ADF).
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\16\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the Act because it requires that OTC transactions in
NextShares, which are NMS stocks approved by the Commission, be
reported to FINRA, in furtherance of FINRA's obligations as the SRO
with responsibility for the OTC market. The proposed rule change will
ensure that OTC transactions in NextShares are reported to FINRA in a
uniform manner, consistent with current trade reporting rules
applicable to OTC transactions in other NMS stocks. Among other things,
the proposed rule change will ensure that trade data relating to OTC
transactions in NextShares is disseminated to the consolidated tape and
incorporated in FINRA's audit trail, and will facilitate the clearance
and settlement of OTC transactions in NextShares.
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    \16\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
    The proposed rule change proposes specific trade reporting
requirements for OTC transactions in NextShares, which are NMS stocks
that have been approved and determined by the Commission to be
consistent with the requirements of the Exchange Act.\17\ FINRA
believes that the proposed rule change will have no impact on many
members. As an initial matter, on average, only several hundred firms
execute and report OTC equity trades to FINRA on a regular basis.\18\
Many firms, including smaller firms, route their order flow to another
firm, e.g., their clearing firm, for execution, and as the routing
firm, they do not have the trade reporting obligation. Thus, the
universe of FINRA members that report OTC trades today is a small
fraction of overall FINRA members.\19\ Moreover, members will not be
required to trade in NextShares and could elect not to accept a
customer order for NextShares. Alternatively, firms could route orders
for NextShares to the Nasdaq exchange or another FINRA member for
execution and reporting.
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    \17\ In approving SR-NASDAQ-2014-020, the Commission stated that
it considered the proposed rule's impact on efficiency, competition
and capital formation. See 79 FR at 68315, fn 72.
    \18\ FINRA trade reporting rules require that for transactions
between members, the ``executing party'' report the trade to FINRA.
For transactions between a member and a non-member or customer, the
member must report the trade. ``Executing party'' is defined under
FINRA rules as the member that receives an order for handling or
execution or is presented an order against its quote, does not
subsequently re-route the order, and executes the transaction.
    \19\ FINRA notes that in its filings, Nasdaq did not provide an
estimate of the number of firms that would be likely to trade
NextShares on the exchange or the anticipated trading volume in
NextShares. Accordingly, FINRA has no benchmark on which to base any
reasonable estimates of the likely number of FINRA members that may
elect to execute OTC transactions in NextShares (and would therefore
be required to report those transactions pursuant to this proposed
rule change) or the likely OTC volume in these products.
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    Nonetheless, members that choose to execute OTC transactions in
NextShares will need to make systems changes to comply with the
proposed amendments, including coding changes to accommodate the
submission of Clearing Copy reports for firms that elect to clear
through the FINRA/Nasdaq TRF. In addition, firms will need to adopt
policies and procedures relating to the trading and reporting of such
transactions. Firms will incur costs to implement and test these
changes. While these costs may vary by firm (depending, for example, on
the level of sophistication of a firm's technology and trading and
reporting platforms), as noted above, firms will not be required to
trade in NextShares. Therefore, each firm can determine for itself
whether the costs of implementing the changes necessary to support OTC
trading in NextShares are warranted. Additionally, as noted above, two
of FINRA's industry advisory committees indicated that they believe the
proposed trade reporting requirements are reasonable. As such, FINRA
does not believe that the proposed rule change would impose significant
or differential costs on similarly situated firms.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect

the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \20\ and Rule 19b-4(f)(6) thereunder.\21\ FINRA
believes that the filing is appropriately designated as ``non-
controversial'' because the proposed rule change would adopt trade
reporting requirements for OTC transactions in NextShares, which have
been approved by the Commission for listing and trading on the Nasdaq
exchange. FINRA believes that the proposed rule change proposes
reasonable trade reporting requirements for OTC transactions in these
securities and that firms would not find compliance with such
requirements to be burdensome. Moreover, the proposed requirements
would apply only to members that choose to trade NextShares OTC. As
such, each firm can determine for itself whether the costs of
implementing the changes necessary to support OTC trading in NextShares
are warranted.
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    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-043 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-FINRA-2015-043. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of FINRA. 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-FINRA-2015-043, and should
be submitted on or before November 17, 2015.
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    \22\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
Brent J. Fields,
Secretary.
[FR Doc. 2015-27225 Filed 10-26-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65116-65117]
[FR Doc No: 2018-27423]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2018-0554; FRL-9987-31-Region 8]

North Dakota: Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to grant authorization to the State of
North Dakota for the changes to its hazardous waste program under the
Solid Waste Disposal Act, as amended, commonly referred to as the
Resource Conservation and Recovery Act (RCRA). The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization and is authorizing the state's changes through a direct
final action.

DATES: Send written comments by January 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2018-0554 by mail to Moye Lin, Resource Conservation and Recovery
Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. You may also submit comments electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the Rules

section of this issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Moye Lin at<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this issue of the Federal Register, the EPA is authorizing changes to
the North Dakota program as a direct final rule. The EPA did not make a
proposal prior to the direct final rule because we believe this action
is not controversial and do not expect comments that oppose it. We have
explained the reasons for this authorization in the preamble to the
direct final rule.
    Unless the EPA receives written comments that raise concerns with
the authorization during the comment period, the direct final rule will
become effective on March 15, 2019, and we will not take further action
on this proposal. If we get comments that raise concerns with the
authorization, we will withdraw the direct final rule and it will not
take immediate effect. We will then respond to public comments in a
later final rule based on this proposal. You may not have another
opportunity for comment. If you want to comment on this action, you
must do so at this time.

    Dated: December 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-27423 Filed 12-18-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Proposed Rules]
[Pages 18931-18932]
[FR Doc No: 2013-07112]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0793; Airspace Docket No. 12-ANE-14]

Proposed Establishment of Class E Airspace; Bass Harbor, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at Bass
Harbor, ME, to accommodate a new Area Navigation (RNAV) Global
Positioning System (GPS) special Standard Instrument Approach Procedure
(SIAP) serving Bass Harbor Heliport. This action would enhance the
safety and airspace management of Instrument Flight Rules (IFR)
operations within the National Airspace System.

DATES: Comments must be received on or before May 13, 2013.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2012-0793; Airspace Docket No. 12-ANE-14, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2012-0793; Airspace Docket No. 12-ANE-14) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2012-0793; Airspace Docket No. 12-ANE-14.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 350, 1701 Columbia Avenue, College Park,
Georgia 30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at Bass
Harbor, ME providing the controlled airspace required to support the
new Copter RNAV (GPS) special standard instrument approach procedures
for Bass Harbor Heliport. Controlled airspace extending upward from 700
feet above the surface is required for IFR operations within a 6-mile
radius of the point in space coordinates of the heliport.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This proposed rulemaking is promulgated under the authority
described in Subtitle VII, Part, A, Subpart I, Section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E airspace at Bass Harbor
Heliport, Bass Harbor, ME.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and

Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO ME E5 Bass Harbor, ME [New]

Bass Harbor Heliport, ME
    (Lat. 44[deg]15'16'' N., long. 68[deg]20'57'' W.)
Point in Space Coordinates
    (Lat. 44[deg]15'16'' N., long. 68[deg]20'57'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Point in Space Coordinates (lat.
44[deg]15'16'' N., long. 68[deg]20'57'' W.) serving Bass Harbor
Heliport.

    Issued in College Park, Georgia, on March 20, 2013.
Barry A. Knight,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2013-07112 Filed 3-27-13; 8:45 am]
BILLING CODE 4910-13-P