R33	0.0125	0.0125	9.87E-04	0.0823	0.138

R33M	0.0208	0.0208	1.65E-03	0.137	0.23

R34	9.11E-03	9.11E-03	7.19E-04	0.06	0.101

R34M	0.0152	0.0152	1.20E-03	0.0999	0.168

R35	4.93E-03	4.93E-03	3.90E-04	0.0325	0.0545

R35M	8.22E-03	8.22E-03	6.49E-04	0.0541	0.0909

R36	6.13E-03	6.13E-03	4.84E-04	0.0404	0.0678

R36M	0.0102	0.0102	8.07E-04	0.0673	0.113

R37	0.0117	0.0117	9.25E-04	0.0771	0.129

R37M	0.0195	0.0195	1.54E-03	0.128	0.216

R39	2.25E-03	2.25E-03	1.78E-04	0.0148	0.0249

R39M	3.75E-03	3.75E-03	2.96E-04	0.0247	0.0415

R40	2.25E-03	2.25E-03	1.78E-04	0.0148	0.0249

R40M	3.75E-03	3.75E-03	2.96E-04	0.0247	0.0415

RTO	1.07	1.07	0.0241	2.01	3.38

RTOM	2.23	2.23	0.0532	4.43	7.44

S1	0.0761	0.0761	0	0	0

S1M	0.122	0.122	0	0	0

S2	0.0761	0.0761	0	0	0

S2M	0.122	0.122	0	0	0

S4	3.46E-03	3.46E-03	0	0	0

S4M	4.78E-03	4.78E-03	0	0	0

S5	3.46E-03	3.46E-03	0	0	0

S5M	4.78E-03	4.78E-03	0	0	0

S7	0.0102	0.0102	0	0	0

S7M	0.0170	0.0170	0	0	0

S8	0.0102	0.0102	0	0	0

S8M	0.0170	0.0170	0	0	0

S10	6.34E-03	6.34E-03	0	0	0

S10M	0.0106	0.0106	0	0	0

S11	6.34E-03	6.34E-03	0	0	0

S11M	0.0106	0.0106	0	0	0

TRANSPAC	0.0378	0.0378	2.98E-03	0.249	0.418

U1	1.7	1.7	1.08	6.74	17.8

U1M	2.47	2.47	1.55	10.5	26.4

U2	1.7	1.7	1.08	6.74	17.8

U2M	2.47	2.47	1.55	10.5	26.4

U3	1.7	1.7	1.08	6.74	17.8

U3M	2.47	2.47	1.55	10.5	26.4

U4	1.7	1.7	1.08	6.74	17.8

U4M	2.47	2.47	1.55	10.5	26.4

U5	0.909	0.909	1.54	3.66	2.49

U5M	1.25	1.25	1.71	5.77	6.12

U6	0.909	0.909	1.54	3.66	2.49

U6M	1.25	1.25	1.71	5.77	6.12

U7	0.909	0.909	1.54	3.66	2.49

U7M	1.25	1.25	1.71	5.77	6.12

IP05	0.0254	0.0254	0	0	0

IP05M	0.0422	0.0422	0	0	0

IP07	0.1	0.1	0	0	0

IP07M	0.167	0.167	0	0	0

OB1	8.85E-03	8.85E-03	6.99E-04	0.0583	0.0979

OB1M	0.0148	0.0148	1.17E-03	0.0971	0.163

PCL53	0.279	0.279	3.16E-03	0.263	0.442

PCL53M	0.429	0.429	6.19E-03	0.516	0.867

PCL51	0.269	0.269	3.16E-03	0.263	0.442

PCL51M	0.412	0.412	6.19E-03	0.516	0.867

RCL33	9.36E-03	9.36E-03	7.39E-04	0.0616	0.103

RCL33M	0.0135	0.0135	1.07E-03	0.089	0.15

RCL34	9.36E-03	9.36E-03	7.39E-04	0.0616	0.103

RCL34M	0.0135	0.0135	1.07E-03	0.089	0.15

RCL35	9.36E-03	9.36E-03	7.39E-04	0.0616	0.103

RCL35M	0.0135	0.0135	1.07E-03	0.089	0.15

RCL36	9.36E-03	9.36E-03	7.39E-04	0.0616	0.103

RCL36M	0.0135	0.0135	1.07E-03	0.089	0.15

RCL37	9.36E-04	9.36E-04	7.39E-04	0.0616	0.103

RCL37M	0.0135	0.0135	1.07E-03	0.089	0.15

RCL39	0.0148	0.0148	1.17E-03	0.0974	0.164

RCL39M	3.75E-03	3.75E-03	2.96E-04	0.0247	0.0415

P15 (PP)	0.0702	0.0702	0	0	0

P15 (PP2)	0.134	0.134	0	0	0

P27 (PP)	0.361	0.361	1.70E-03	0.142	0.238

P30 (PP)	0.0161	0.0161	0	0	0

P35 (PP)	0.0646	0.0646	5.10E-03	0.425	0.714

P50 (PP)	0.358	0.358	8.50E-04	0.0708	0.119

P53 (PP)	0.0108	0.0108	8.50E-04	0.0708	0.119

P26 (PP)	8.42E-03	8.42E-03	0	0	0

R24 (PP)	0.0646	0.0646	5.10E-03	0.425	0.714

R30 (PP)	0.0646	0.0646	5.10E-03	0.425	0.714

D1	0	0	0	0.0918	1.01

D1M	0	0	0	0.147	1.62

D3	0	0	0	0.0459	0.505

D3M	0	0	0	0.0734	0.808

D2	0	0	0	0.0765	0.841

The toxic air pollutants at the facility were modeled for operational flexibility using a worst-case scenario stack.  Each stack was assumed to have an emission rate of 1 lb/hr; the stacks were modeled and the worst-case concentration was determined.  The maximum concentration at 1 lb/hr was 12.131 (g/m3 for stack P71; all air toxics were assumed to exit through stack P71.  A maximum emission rate (MER) for each air toxic was then back calculated to determine the emission rate each pollutant would have and remain below the respective MAAC standard.  The MER was calculated by dividing each respective MAAC standard by the worst-case concentration of 12.131 (g/m3; maximum modeled concentrations were determined using the MER.  These facility-wide emission rates are shown in the following table.

POLLUTANT	MAXIMUM FACILITY WIDE EMISSION RATE (LB/HR)

Antimony Compounds	0.206

Cobalt Compounds	0.0206

Ethyl Benzene	358.585

Formaldehyde	1.237

Manganese Compounds	2.061

Methyl Isobutyl Ketone	168.989

Xylene	358.585

Hexamethylene diisocyanate and nickel compounds were modeled individually because the calculated MER for those pollutants would result in a concentration higher than the MAAC Standard.  These emission rates are shown in the following table.

SOURCE ID	Hexamethylene Diisocyanate

(LBS/HR)	Nickel Compounds

(LBS/HR)

P22	4.00E-04	0

P22M	4.00E-04	0

P30	0.003	0

P30M	0.003	0

P66	0.0011	0

P66M	0.0011	0

S7	0.009	0

S7M	0.009	0

S8	0.009	0

S8M	0.009	0

S9	0.002	0

S9M	0.002	0

S10	0.0011	0

S10M	0.0011	0

S11	0.0011	0

S11M	0.0011	0

IP05	0.004	0

IP05M	0.004	0

IP06	4.00E-04	0

IP06M	4.00E-04	0

IP07	0.013	0

IP07M	0.013	0

IP08	0.001	0

IP08M	0.001	0

RTO	8.00E-04	0

RTOM	8.00E-04	0

P13	0.0136	0

P13M	0.0136	0

P14	0.0136	0

P14M	0.0136	0

P57	0.0136	0

P57M	0.0136	0

P58	0.0136	0

P58M	0.0136	0

P59	0.0136	0

P59M	0.0136	0

P61	0.0136	0

P61M	0.0136	0

P06	0	0.009

P06M	0	0.009

P07	0	0.009

P07M	0	0.009

R01	0	0.058

R01M	0	0.058

AIR TOXIC EMISSION RATES

Other TAPs	CAS	MAAC ((g/m3)	Max. Emission Rate to Pass Modeling

(lb/hr)

Acrylic Acid	79-10-7	147.50	11.98

Ammonium Chloride	12125-02-9	250.00	20.31

Arsenic

1.00	0.08

Benzene	71-43-2	150.00	12.19

Bis-(2-Ethylhexyl) Phthalate	117817	25.00	2.03

Cadmium

0.25	0.02

Chlorine	7782-50-5	75.00	6.09

Chromium (+6) Compounds

2.50	0.20

Cumene	98-82-8	9.00	0.73

Cyanide Compounds

TBD	TBD

Dibutylphthalate	84-74-2	25.00	2.03

Diethanolamine	111-42-2	129.00	10.48

EpoxyButane (1,2-)	106887	TBD	BD

Ethanethiol	75-08-1	10.00	0.81

Ethanolamine	141-43-5	200.00	16.25

Formic Acid	64-18-6	225.00	18.28

Hexane	110-54-3	200.00	16.25

Hydrochloric Acid	7647010	175.00	14.22

Hydroquinone	123-31-9	20.00	1.62

Lead (+2) Arsenate	7784409	0.75	0.06

Lead Arsenate	7645252	0.75	0.06

Mercury	7439-97-6	0.25	0.02

Methanol	67-56-1	1310.00	106.42

Methyl Chloroform	71-55-6	9550.00	775.79

Methyl Ethyl Ketone (2-Butone)	78-93-3	14750.00	1198.21

Methyl Methacrylate	80-62-6	10250.00	832.66

Methylene Biphenyl Isocyanate	101688	2.00	0.16

Methyl-T-Butyl Ether	1634-04-4	TBD	TBD

Mineral Oil Mist (Paraffinic)	8012951	25.00	2.03

Naphthalene	91-20-3	1250.00	101.54

Nickel

0.50	0.04

Nickel Oxide	1313991	5.00	0.41

Nitric Acid	7697-37-2	125.00	10.15

Octadecanoic Acid(N-)	57114	TBD	TBD

Phenol	108-95-2	190.00	15.43

Phosphoric Acid	7664-38-2	25.00	2.03

Phthalic Anhydride	85449	30.30	2.46

Sodium Hydroxide	1310-73-2	50.00	4.06

Styrene	100-42-5	5325.00	432.58

Sulfuric Acid	7664-93-9	10.00	0.81

Toluene	108-88-3	2000.00	162.47

Toluene Diisocynate	584-84-9	0.40	0.03

Triethylamine	121-44-8	207.00	16.82

Trifluralin	1582098	TBD	TBD

ATTACHMENT B

Insignificant Activities

The following table contains a list of activities that are considered insignificant pursuant to South Carolina Regulation 61-62.70.5(c).  Sources listed below are not exempt from any otherwise applicable state or federal requirements including, but not limited to, opacity standards, ambient air quality standards, and air toxic standards.

ID	General Description	Basis

SS	Stamping Operations	Emissions total to < 5 TPY of VOC

BB, BG	Body Shop Brazing Areas, Grinding Sanding Booths – Plant 10.1 and 10.2	Emissions total to < 5 TPY of PM and VOC

PC	Phosphate Cleaning Operations	Emissions total to < 5 TPY of PM

	Wet Sand, Sealer, Tack-off & Polish Operations	Emissions total to < 5 TPY of PM

PMR	Paint Mixing Operations	Emissions total to < 5 TPY of VOC

AB	Assembly Shops (Windshield Installation)	Emissions total to < 5 TPY of VOC

IP09	ICP Polishing	Emissions total to < 5 TPY of PM

TK-202	10,000 gallon Gasoline Storage Tank	Emissions total to< 5 TPY of VOC

TK-203	10,000 gallon Differential Fluid Storage Tank	Emissions total to < 5 TPY of VOC

TK-204	2,000 gallon Power Steering Fluid Storage Tank	Insignificant Activity  B.3

TK-206	5,000 gallon Brake Fluid Storage Tank	Insignificant Activity  B.3

TK-209	10,000 gallon Gasoline Storage Tank	Emissions total to < 5 TPY of VOC

TK-210	20,000 Gasoline Storage Tank	Emissions total to < 5 TPY of VOC

TK-211	8,000 gallon Power Steering Storage Tank	Insignificant Activity  B.3

TK-212	10,000 gallon Ethanol Storage Tank	Emissions total to < 5 TPY of VOC

TK-213	10,000 gallon Ethylene Glycol Storage tank	Emissions total to < 5 TPY of VOC

TK-214	10,000 gallon Diesel Storage Tank	Emissions total to < 5 TPY of VOC

TK-Exxsol	8,000 gallon Exxsol Storage Tank	Insignificant Activity  B.3

TK-2-202	10,000 gallon Gasoline Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-203	10,000 gallon Differential Fluid Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-204	2,000 gallon Power Steering Fluid Storage Tank	Insignificant Activity  B.3

TK-2-206	5,000 gallon Brake Fluid Storage Tank	Insignificant Activity  B.3

TK-2-209	10,000 gallon Gasoline Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-210	20,000 Gasoline Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-211	8,000 gallon Power Steering Storage Tank	Insignificant Activity  B.3

TK-2-212	10,000 gallon Ethanol Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-213	10,000 gallon Ethylene Glycol Storage tank	Emissions total to < 5 TPY of VOC

TK-2-214	10,000 gallon Diesel Storage Tank	Emissions total to < 5 TPY of VOC

TK-2-Exxsol	8,000 gallon Exxsol Storage Tank	Insignificant Activity  B.3

EG	Emergency Generators	< 150 KW (Insignificant Activity  B.2) or Operate < 250 hours/year

FF-1	Fluid Fill at 10.1	Emissions total to < 5 TPY of VOC

FF-2	Fluid Fill at 10.2	Emissions total to < 5 TPY of VOC

ATTACHMENT C

Applicable and Non-Applicable Federal and State Regulations

BMW Manufacturing Corp.

The following contains the Federal and South Carolina air pollution regulations, which were specified in the Part 70, permit application and determined as applicable and non-applicable by the Department as of the date of this permit issuance.  This attachment may be revised by the Department in the event of a change in the nature or emission of pollutants at the source or promulgation of new or revised regulations.

VIA CERTIFIED MAIL

February 14, 2002

BMW Manufacturing Corp.

P.O. Box 11000

Spartanburg, South Carolina 29304-4100

ATTENTION:	Gary Weinreich

Dear Mr. Weinreich:

Enclosed with this letter is your Part 70 Air Quality (Title V Operating) Permit No. TV-2060-0230 that will become effective on March 1, 2002.  Please note the conditions and limitations imposed.  This permit will be valid through February 28, 2007, unless otherwise provided for by SC DHEC Regulation 61-62.70.7(c)(1)(ii).

Please review this permit carefully.  Should you notice any errors or omissions, notify your permit engineer, Kevin J. Clark, of this office at<PHONE_NUMBER> or<EMAIL_ADDRESS>within 15 days of receipt of this letter.

Sincerely,

Carl W. Richardson, P.E., Director

Engineering Services Division

Bureau of Air Quality

CWR:KJC:pe

Enclosure

cc:	Ron Garrett, Appalachia III EQC District Office

	Scott Miller, EPA Region IV (via e-mail)

	TV-2060-0230

February 26, 2002

BMW MANUFACTURING CORPORATION

P.O. Box 11000

Spartanburg, SC  29304-4100

ATTENTION:	Gary Weinreich

Dear Mr. Weinreich:

Enclosed please find a revised title page, revisions page, and page 6 of Title V Permit No. TV-2060-0230 that will replace the same pages of the Title V permit previously issued and mailed to you on February 14, 2002.  These pages reflect a change of the effective date of the permit from March 1, 2002 to April 1, 2002.

Please review these pages carefully.  Should you notice any errors or omissions, notify your permit engineer, Kevin J. Clark, of this office, at<PHONE_NUMBER> or by e-mail at:   HYPERLINK <EMAIL_ADDRESS><EMAIL_ADDRESS>, within fifteen (15) days of receipt of this letter.

Sincerely,

Carl W. Richardson, P.E., Director

Engineering Services Division

Bureau of Air Quality

CWR:KJC:ddm

Enclosures

cc:	Ron Garrett, Appalachia III EQC District Office

	Scott Miller, EPA Region IV (via e-mai⥬ऍ敐浲瑩䘠汩潎噔㈭㘰ⴰ㈰〳ऍ慍湩䘠汩 潎〲〶〭㌲രഃЍ഍ഃЍ഍䵂⁗慍畮慦瑣牵湩潃灲 മ䕐䵒呉丠䵕䕂㩒吠ⵖ〲〶〭㌲ര慐敧ጠ倠䝁⁅㈔―景 㔠ല഍䵂⁗慍畮慦瑣牵湩潃灲മ䕐䵒呉丠䵕䕂㩒吠ⵖ 〲〶〭㌲ര慐敧ጠ倠䝁⁅ㄔᔲ漠㈱഍䈍坍䴠湡晵捡畴 楲杮䌠牯⹰

¦

ª

E

¦

§

¨

©

ª

ê

D

$

@

	D

E

E

H

P

S

Ç

@

$

@

Ç

È

É

Ê

Ë

Ì

Í

$

@

昀Ĵ咊؀Í

Î

Ï

Ð

Ñ

Ò

Ó

$

@

昀Ĵ咊؀Ó

Ô

Õ

Ö

×

Ø

Ù

$

@

昀Ĵ咊؀Ù

Ú

Û

Ü

Ý

Þ

ß

$

@

昀Ĵ咊؀ß

à

á

â

ã

ä

å

$

@

昀Ĵ咊؀å

æ

ç

è

é

ê

ë

$

@

昀Ĵ咊؀ë

ì

í

î

ï

ð

ñ

$

@

昀Ĵ咊؀ñ

ò

ó

ô

õ

ö

÷

$

@

昀Ĵ咊؀÷

ø

ù

ú

û

ü

ý

$

@

昀Ĵ咊؀ý

þ

ÿ

$

@

$

@

$

@

@

&

=

=

=

=

=

=

=

¶

=

愀̤

愀̤

愀̤

愀̤

愀̤

愀̤

愀̤

愀̤

愀̤

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

耀Ȇ

úöðçàðúöúöúöúöúöúöðçàðúöúöúöúöúöúöðç àðúöúöúöúöúöúöçàðúöúöúöúöúöúöàðöðàðà ðçàðúöÛöðÔðà

H*

က

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

耀騆

H*

␃ਃ&䘋

晆ᴔ

@

@

@

&

@

@

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

J

.

/

G

H

^

_

r

s

Ž

®

½

¾

À

J

J

J

J

J

J

J

J

J

J

(

.

$

.

/

@

G

$

G

H

V

^

$

^

_

l

r

$

r

s

‡

$

Ž

¥

$

®

µ

½

$

½

¾

¿

À

kdf

kd"

	Ð

␃愁Ĥ

+PERMIT NUMBER: TV-2060-0230

Page 1 of 1

BMW Manufacturing Corp.

PERMIT NUMBER: TV-2060-0230

Page   PAGE  1  of 34


[Federal Register: July 17, 2009 (Volume 74, Number 136)]
[Notices]
[Page 34829-34834]
[DOCID:fr17jy09-124]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60288; File No. SR-NYSEAmex-2009-40]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC Amending NYSE
Amex Equities Rule 72 To Eliminate Parity Allocations for DMM Interest
Added Intra Day During a Slow Quote or When Verbally Trading With Floor
Brokers at the Point of Sale

July 10, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 9, 2009, NYSE Amex LLC (the ``Exchange'' or ``NYSE
Amex'') filed with the Securities and Exchange Commission (``SEC'' or
the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NYSE Amex Equities Rule 72 to
eliminate parity allocations for DMM interest added intra day during a
slow quote or when verbally trading with Floor brokers at the point of
sale. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.

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

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

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

1. Purpose
    NYSE Amex proposes to amend NYSE Amex Equities Rule 72 to eliminate
parity executions for DMM interest added intra day during a slow quote
or when verbally trading with Floor brokers at the point of sale
(``slow trading condition''). Through this proposal Exchange systems'
allocation logic will be modified so that DMM interest added intra day
during a slow trading condition yield to all other interest present at
the price point. As such, all other interest eligible to receive an
execution at the price will receive share allocation in full before any
shares are allocated to the additional DMM interest. If shares remain,
then the DMM interest added at the price point during the slow trading
condition would receive an allocation. If no shares remain, then the
DMM interest will not be allocated any shares in the transaction and
would be cancelled by operation of the proposed rule.
    The Exchange notes that parallel changes are proposed to be made to
the rules of the New York Stock Exchange LLC.\4\
---------------------------------------------------------------------------

    \4\ See SR-NYSE-2009-69.

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

a. Background
    Currently market participants' interest for round-lot executions on
the Exchange is allocated on an equal basis, (i.e. parity) among the
participants at a price point unless one of the participants has
established priority; \5\ that is, the participant was the only
interest at the price point when that price point was quoted.
Individual Floor brokers and the Designated Market Maker (``DMM'')
registered in the security each constitute a single market participant
and all Off-Floor orders entered in Exchange systems at the Exchange
BBO together constitute a single market participant (``Off-Floor
Participant'') for the purpose of share allocation.
---------------------------------------------------------------------------

    \5\ See NYSE Amex Equities Rule 72(a). A participant that is the
only interest displayed at the price point when such price is or
becomes the best bid or offer published by the Exchange is entitled
to priority for the displayed portion of his or her order (Priority
Interest). Priority Interest is allocated the first 15% of any
execution (a minimum of one round lot). For the remainder of that
execution, the participant that established priority receives a
parity allocation with other interest available at that price.
Exchange systems repeat the allocation logic for the participant
that established priority until the participant's order is
completely executed or cancelled. Any non-Priority Interest of the
participant that established priority is executed on parity.
---------------------------------------------------------------------------

    When allocating shares based on parity, Exchange systems divide the
size of the executing order by the number of participants. The total
number of shares to be allocated to each participant is distributed
equally among the participants where possible. Within the single Off-
Floor Participant, shares executed are allocated in order of time
priority of receipt of Off-Floor Participant Interest into Exchange
systems. Executions are allocated in round-lots.
Example Simple Parity Allocation
    Display Book has displayed two bids from Off-Floor Participants for
a total volume of 200 shares; the DMM and one Floor broker are bidding
at the same time for 100 shares each.

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

------------------------------------------------------------------------
Order 1 100 shares & Order        Off-Floor
 2 100 shares.                    Participant.
DMM 100 shares...........................  Participant A.
Floor Broker 1 100 shares................  Participant B.
------------------------------------------------------------------------

    A market order for 300 shares to sell being automatically executed
by Exchange systems will allocate 100 shares to Off-Floor Participant
Order 1, Participant A and Participant B.
    In the event the number of shares to be executed at the price point
is insufficient to allocate round-lots to all the participants eligible
to receive an execution at the price point, the Exchange systems create
an allocation wheel of the eligible participants at the price point and
the available shares are distributed to the participants in turn.
    On each trading day, the allocation wheel for each security is set
to begin with the participant whose interest is entered or retained
first on a time basis. Thereafter, participants are added to the wheel
as their interest joins existing interest at a particular price point.
If a participant cancels his, her or its interest and then rejoins,
that participant joins as the last position on the wheel at that time.
Example Parity Allocation Distributed to Multiple Participants
    Display Book has displayed two bids from Off-Floor Participants for
a total volume of 200 shares, the DMM and three Floor brokers are
bidding at the same time for 100 shares each.

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

------------------------------------------------------------------------
Order 1 100 shares & Order        Off-Floor Participant.
 2 100 shares.
DMM 100 shares...........................  Participant A.
Floor Broker 1 100 shares................  Participant B.
Floor Broker 2 100 shares................  Participant C.
Floor Broker 3 100 shares................  Participant D.
------------------------------------------------------------------------

    A market order for 300 shares to sell being automatically executed
by Exchange systems will allocate 100 shares to Off-Floor Participant
Order 1, Participant A and Participant B.
    Subsequently, another order to sell 300 shares at the same price is
received by Exchange systems. Those shares will be allocated to
Participant C, Participant D, and Order 2 Off-Floor
Participant.
    DMM interest added during a slow trading condition pursuant to
provisions of current NYSE Amex Equities Rule 72 also executes on
parity. Pursuant to current rules, Exchange systems do not distinguish
between the DMM interest added at the time of the slow trading
condition and the s-Quotes representing DMM interest present on the
Display book prior to the slow trading condition.
Example Current Parity Allocation of DMM Added Interest During a Slow
Trading Condition
    In the table below, the Exchange Market is 200 shares bid at the
price of $20.05 and 200 shares offered at a price of $20.10. The price
point of $20.03 is designated as a Liquidity Replenishment Point
(``LRP'').\6\ An order to sell 600 shares with a limit price of $20.02
is received by Exchange systems. There are 100 shares bid at the prices
of $20.04 and $20.03. Additionally, there are 200 shares bid at the
price of $20.02 and $20.01.
---------------------------------------------------------------------------

    \6\ LRPs are pre-determined price points that temporarily
convert the automatic Exchange market to an auction market in order
to dampen volatility when the market is experiencing a large price
movement based on a security's typical trading characteristics or
market conditions over short periods of time during the trading day.
LRPs allow for the solicitation of additional liquidity.

                                         Display Book Prior to Execution
----------------------------------------------------------------------------------------------------------------
    Protected bid             Bid size              Bid price             Offer price            Offer size
----------------------------------------------------------------------------------------------------------------
                       .....................  .....................             $20.10                    200
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.05      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100                 $20.04      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100           $20.03 \LRP\      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.02      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.01      .....................  ....................
----------------------------------------------------------------------------------------------------------------

    Given the information above, the order will execute 200 shares at
the bid price of $20.05 leaving 400 shares. At the next price of $20.04
it will execute an additional 100 leaving 300 shares. The order will
then execute an additional 100 shares at the LRP price of $20.03 and
have 200 shares of the incoming limit order remaining.

                                      Display Book After Initial Executions
----------------------------------------------------------------------------------------------------------------
  Protected bid         Bid size          Bid price         Offer price         Offer size          Residual
----------------------------------------------------------------------------------------------------------------
                   .................  .................           $20.10                200    .................
----------------------------------------------------------------------------------------------------------------
                   .................           $20.05    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
                   .................           $20.04    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
            200    .................     $20.03 \LRP\    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
                               200             $20.02    .................  .................              200
----------------------------------------------------------------------------------------------------------------
                               200             $20.01    .................  .................  .................
----------------------------------------------------------------------------------------------------------------

    After the execution at the LRP price of $20.03, Exchange systems
enter a slow trading condition because the previous executions have
traded down to an LRP prior to the order's limit price of $20.02. There
are now 200 shares of away market interest bid at a price of $20.03.
The DMM needs to: (i) Clear the crossed market created by the away
market interest bid at the price of $20.03 that is crossed against the
residual at $20.02; and (ii) trade the residual against the 200 shares
bid at the price of $20.02 to clear the internal lock on the Exchange.
The DMM enters an additional 200 shares of DMM interest to sell at the
price point of $20.02 below the LRP price point in order to facilitate
the clearing of the locked/crossed market. However, when the DMM hits
the enter button to consummate the trade, the away market bid is no
longer available. The residual 200 shares of the sell limit order will
be executed at the price of $20.02 with 100 shares allocated to the
interest on the Display Book and 100 shares allocated to the DMM
interest added during the slow trading condition. 100 shares of the
interest to sell on the Display Book remains unexecuted at the price of
$20.02. The remaining 100 shares of sell interest becomes the
Exchange's offer and the best available bid which is 200 shares at the
price of $20.01 will be quoted as illustrated in the table below.

                                         Display Book After LRP Cleared
----------------------------------------------------------------------------------------------------------------
    Protected bid             Bid size              Bid price             Offer price            Offer size
----------------------------------------------------------------------------------------------------------------
                       .....................  .....................             $20.02                    100
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.01      .....................  ....................
----------------------------------------------------------------------------------------------------------------

b. Proposed Amendment to NYSE Amex Equities Rule 72
    The Exchange proposes to amend its allocation logic to have DMM
interest added intra day during a slow trading condition yield to all
other interest present at the price point. If shares remain after
allocation to all other eligible interest, then the DMM interest added
at the price point would receive an allocation. If no shares remain
then the DMM interest will not be allocated any shares in the
transaction.
Example Proposed Parity Allocation During a Slow Trading Condition
    In the table below, the Exchange Market is 200 shares bid at the
price of $20.05 and 200 shares offered at a price of $20.10. The price
point of $20.03 is designated as an LRP. An order to sell 600 shares
with a limit price of $20.02 is received by Exchange systems. There are
100 shares bid at the prices of $20.04 and $20.03. Additionally, there
are 200 shares bid at the price of $20.02 and $20.01.

                                         Display Book Prior to Execution
----------------------------------------------------------------------------------------------------------------
    Protected bid             Bid size              Bid price             Offer price            Offer size
----------------------------------------------------------------------------------------------------------------
                       .....................  .....................             $20.10                    200
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.05      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100                 $20.04      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100           $20.03 \LRP\      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.02      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.01      .....................  ....................
----------------------------------------------------------------------------------------------------------------

    Given the information above, the order will execute 200 shares at
the bid price of $20.05 leaving 400 shares. At the next price of $20.04
it will execute an additional 100 leaving 300 shares. The order will
then execute an additional 100 shares at the LRP price of $20.03 and
have 200 shares of the incoming limit order remaining.

                                      Display Book After Initial Executions
----------------------------------------------------------------------------------------------------------------
  Protected bid         Bid size          Bid price         Offer price         Offer size          Residual
----------------------------------------------------------------------------------------------------------------
                   .................  .................           $20.10                200    .................
----------------------------------------------------------------------------------------------------------------
                   .................           $20.05    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
                   .................           $20.04    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
                               200       $20.03 \LRP\    .................  .................  .................
----------------------------------------------------------------------------------------------------------------
                               200             $20.02    .................  .................              200
----------------------------------------------------------------------------------------------------------------
                               200             $20.01    .................  .................  .................
----------------------------------------------------------------------------------------------------------------

    After the execution at the LRP price of $20.03, Exchange systems
enter a slow trading condition because the previous executions have
traded down to an LRP prior to the order's limit price. There are now
200 shares of away market interest bid at a price of $20.03. The DMM
needs to: (i) Clear the crossed market created by the away market
interest bid at the price of $20.03 that is crossed against the
residual at $20.02; and (ii) trade the residual against the 200 shares
bid at the price of $20.02 to clear the internal lock on the Exchange.
The DMM enters an additional 200 shares of DMM interest to sell at the
price point of $20.02 below the LRP price point in order to facilitate
the clearing of the locked/crossed market. However, when the DMM hits
the enter button to consummate the trade, the away market bid is no
longer available. Exchange systems will execute the 200 shares of the
limit buy order at the price of $20.02. Pursuant to the proposed rule
modification, Exchange systems will allocate 200 shares to the interest
on the Display Book and no shares will be allocated to the DMM interest
added during the slow trading condition. Pursuant to the proposed rule,
the DMM interest will be cancelled. Exchange systems will further
update the quote to the best bid available on the Exchange, 200 shares
bid at the price of $20.01 and 200 shares offered at the price of
$20.10.

                     Display Book After LRP Cleared
------------------------------------------------------------------------
     Bid size          Bid price         Offer price       Offer size
------------------------------------------------------------------------
                   .................           $20.02               100
            200             $20.01    ................  ................
------------------------------------------------------------------------

    DMM interest entered at the price point prior to the DMM adding
interest during a slow trading condition will continue to receive an
allocation pursuant to the current parity rule.
Example Proposed Parity Allocation During a Slow Trading Condition With
Previously Entered DMM s-Quotes Representing DMM Interest
    In the table below, the Exchange Market is 200 shares bid at the
price of $20.05 and 200 shares offered at a price of $20.10. The price
point of $20.03 is designated as an LRP. An order to sell 800 shares
with a limit price of $20.02 is received by Exchange systems. There are
100 shares bid at the prices of $20.04 and $20.03. Additionally, there
are 300 shares of non DMM interest and 100 shares of DMM interest bid
at the price of $20.02.

                                         Display Book Prior to Execution
----------------------------------------------------------------------------------------------------------------
                  Bid size
---------------------------------------------       Bid price             Offer price            Offer size
     DMM s-Quotes             Non DMM
----------------------------------------------------------------------------------------------------------------
                       .....................  .....................             $20.10                    200
----------------------------------------------------------------------------------------------------------------
                                     200                 $20.05      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100                 $20.04      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100            $20.03\LRP\      .....................  ....................
----------------------------------------------------------------------------------------------------------------
              100                    300                 $20.02      .....................  ....................
----------------------------------------------------------------------------------------------------------------
                                     100                 $20.01      .....................  ....................
----------------------------------------------------------------------------------------------------------------

    Given the information above, the order will execute 200 shares at
the bid price of $20.05 leaving 600 shares. At the next price of $20.04
it will execute an additional 100 leaving 500 shares. The order will
then execute an additional 100 shares at the LRP price of $20.03 and
have 400 shares of the incoming limit order remaining.

                                                          Display Book After Initial Executions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Bid size
-------------------------------------------       Bid price            Offer price           Offer size          Protected offer          Residual
    DMM s-Quotes             Non DMM
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      ....................  ....................             $20.10                   200     ....................  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      ....................             $20.05     ....................  ....................  ....................  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      ....................             $20.04     ....................  ....................  ....................  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      ....................        $20.03\LRP\     ....................  ....................  ....................  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
              100                   300                $20.02     ....................  ....................  ....................                400
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    100                $20.01     ....................  ....................                200     ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------

    After the execution at the LRP price of $20.03, Exchange systems
enter a slow trading condition because the previous executions have
traded down to an LRP prior to the order's limit price. There are also
200 shares of away market interest now offered at a price of $20.01.
The DMM needs to clear the internal lock on the Exchange at the price
of $20.02 and the cross market condition created by the Exchange's bid
at $20.02 and the protected offer at the price of $20.01. To accomplish
this, the DMM enters 200 additional shares of DMM interest to buy at
the price point of $20.02 below the LRP price point in order to
facilitate the clearing of the locked/crossed market. However, when the
DMM hits the enter button to consummate the trade, the away market
offer is no longer available. Exchange systems will execute the
remaining 400 shares of the limit order at the price of $20.02.
Pursuant to the proposed rule modification, Exchange systems will
allocate 300 shares to the Non DMM Interest on the Display Book and 100
shares to the DMM s-Quote interest originally present at the price
point of $20.02 will be fully executed. Pursuant to the proposed rule,
the additional DMM interest added during the slow trading condition at
the time of the trade is not allocated anything in the trade and is
cancelled. Exchange systems will further update the quote to reflect
100 shares bid at the price of $20.01 and 200 shares offered at the
price of $20.10.

                     Display Book After LRP Cleared
------------------------------------------------------------------------
     Bid size          Bid price         Offer price       Offer size
------------------------------------------------------------------------
                   .................           $20.10               200
------------------------------------------------------------------------
            100             $20.01    ................  ................
------------------------------------------------------------------------

    As outlined by the examples above, the Exchange proposes to amend
NYSE Amex Equities Rule 72 to add subparagraph (c)(xi) to restrict DMM
interest added during a slow trading condition intra day from receiving
an allocation on parity; rather, such interest will yield to all other
interest at the price point. Pursuant to proposed NYSE Amex Equities
Rule 72(c)(xi) DMM interest added during a slow trading condition will
be allocated shares only after all other interest eligible to receive
an execution at the price point is executed in full and if not executed
will be cancelled. Proposed NYSE Amex Equities Rule 72 (c)(xi) will
further provide that DMM interest present at the price point prior to
the entry of DMM interest during the slow trading condition will
continue to be allocated on a parity basis.
    The Exchange will commence implementation of the systemic changes
to allow Exchange systems to be modified so that DMM interest added
intra day during a slow trading condition yield to all other interest
present at the price point on or about July 10, 2009. The Exchange
intends to progressively implement this systemic change for DMM
interest added intra day on a security by security basis as it gains
experience with the new technology until it is operative in all
securities traded on the Floor. During the implementation, the Exchange
will identify on its Web site which securities have been transitioned
to the new system.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\7\ for these proposed rule changes is the requirement under Section
6(b)(5) \8\ that an Exchange have rules that are 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.
The Exchange believes that eliminating parity allocations for DMM
interest added intra day during a slow quote or when verbally trading
with Floor brokers at the point of sale is consistent with the above
principles because it will increase the possibility of executions for
the public orders on the Exchange in those situations where DMMs add
interest to facilitate an execution.
---------------------------------------------------------------------------

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

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change: (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 from the
date on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay in order to permit the Exchange to immediately
implement modifications to its systems to require certain DMM interest
to yield to other interest on the Display Book during slow trading
conditions, as discussed in full above, which should increase the
quality of executions on the Exchange, including public customer
orders. The Commission believes such waiver is consistent with the
protection of investors and the public interest.\13\ Accordingly, the
Commission designates the proposed rule change operative upon filing
with the Commission.
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission 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-NYSEAmex-2009-40 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-NYSEAmex-2009-40. 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 on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEAmex-2009-40 and should be submitted on or before
August 7, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-17014 Filed 7-16-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6613-6614]
[FR Doc No: 2014-02220]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2013-1065]

Towing Safety Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Notice of teleconference meeting.

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

SUMMARY: The Towing Safety Advisory Committee (TSAC) will meet via
teleconference to present and discuss its final report on
Recommendations for the Improvement of Automatic Identification System
Encoding for Towing Vessels, receive status reports from nine TSAC
subcommittees, and consider a topic of interest to the committee. This
meeting will be open to the public.

DATES: The teleconference will take place on Tuesday, February 25,
2014, from 1 p.m. to 3 p.m. EST. This meeting may close early if all
business is finished. If you wish to make oral comments at the
teleconference, notify Mr. Ken Doyle before the teleconference, as
specified in the FOR FURTHER INFORMATION CONTACT section, or the
designated Coast Guard staff at the meeting. If you wish to submit
written comments or make a presentation, submit your comments or
request to make a presentation by February 18, 2014.

ADDRESSES: The Committee will meet via teleconference. To participate
by phone, please contact Mr. Ken Doyle listed below in the FOR FURTHER
INFORMATION CONTACT section to obtain teleconference information. Note
the number of teleconference lines is limited and will be available on
a first-come, first-served basis. To come to the host location in
person and join those participating in this teleconference from U.S.
Coast Guard Headquarters, 2703 Martin Luther King Jr. Ave. SE.,
Washington, DC 20593-7509, please contact Mr. Ken Doyle, listed in the
FOR FURTHER INFORMATION CONTACT section to request directions and
building access. You must request building access by February 18, 2014,
and present a valid, government-issued photo identification to gain
entrance to the Coast Guard Headquarters building.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the teleconference,
contact Mr. Ken Doyle listed in the FOR FURTHER INFORMATION CONTACT
section, as soon as possible.
    If you want to make a presentation, send your request by February
18, 2014, to Mr. Ken Doyle, listed in the FOR FURTHER INFORMATION
CONTACT section. To facilitate public participation we are inviting
public comment on the issues to be considered by the committee as
listed in the ``Agenda'' section below. You may submit a written
comment on or before February 18, 2014 or make an oral comment during
the public comment portion of the teleconference.
    To submit a comment in writing, use one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number
(USCG-2013-1065) on the subject line of the message.
     Fax:<PHONE_NUMBER>. Include the docket number (USCG-2013-
1065) on the subject line of the fax.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
     To avoid duplication, please use only one of these
methods.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
notice. All comments received will be posted without alteration at
http://www.regulations.gov, including any personal information
provided. You may review a Privacy Act notice regarding our public
dockets in the January 17, 2008, issue of the Federal Register (73 FR
3316).
    Docket: For access to the docket to read documents or comments
related to this Notice, go to http://www.regulations.gov, insert USCG-
2013-1065 in the Search box, press Enter, and then click on the item
you wish to view.

FOR FURTHER INFORMATION CONTACT: Commander Robert Smith, Designated
Federal Official (DFO) of TSAC, Commandant (CG-OES-2), U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, DC
20593-7509; telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or Mr. Ken
Doyle, Alternate Designated Federal Official (ADFO) of TSAC, Commandant
(CG-OES-2), U.S. Coast Guard, 2703 Martin Luther King Jr. Ave. SE.,
Stop 7509, Washington, DC 20593-7509; telephone<PHONE_NUMBER>, fax
(202) 372-8283. If you have questions on viewing or submitting material
to the docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix. (Pub. L. 92-
463). As stated in 33 U.S.C. 1231a, the Towing Safety Advisory
Committee provides advice and recommendations to the Department of
Homeland Security on matters relating to shallow-draft inland and
coastal waterway navigation and towing safety.

Agenda of Meeting

    The agenda for the February 25, 2014, teleconference includes:
    (1) Presentation of the draft final report on Recommendations for
the Improvement of Automatic Identification System Encoding for Towing
Vessels (AIS)--Task 13-01.
    (2) Status updates from the following Subcommittees:
    (a) Recommendations Regarding Manning of Inspected Towing Vessels--
Task 13-02.
    (b) Recommendations to Create Standardized Terminology for the
Towing Industry--Task 13-03.
    (c) Recommendations for Evaluating Placement of Structures Adjacent
to or Within the Navigable Channel--Task 13-04.
    (d) Recommendations for Designation of Narrow Channels--Task
13-05.
    (e) Recommendations for the Maintenance, Repair and Utilization of
Towing Equipment, Lines and Couplings--Task 13-06.
    (f) Recommendations Regarding Steel Repair of Inspected Towing
Vessels on Inland Service--Task 13-07.
    (g) Recommendations For Mid-Stream Liquefied Natural Gas and
Compressed Natural Gas Refueling of Towing Vessels--Task 13-
08.
    (h) Review of Coast Guard marine casualty reporting requirements
and revision of Forms CG-2692--Report of Marine CASUALTY; CG-2692A--
Barge Addendum; and CG-2692B--REPORT OF REQUIRED CHEMICAL DRUG AND
ALCOHOL TESTING FOLLOWING A

SERIOUS MARINE INCIDENT--Task 13-09.
    (i) Recommendation to Establish Criteria for Identification of Air
Draft for Towing Vessels and Tows--Task 13-10.
    (3) Presentation and discussion on cyber security awareness.
    (4) TSAC member comments.
    (5) Public comments.
    There will be a comment period for TSAC and a comment period for
public after each report, but before each recommendation is formulated.
The committee will review the information presented on each issue,
deliberate on any recommendations presented in the subcommittees'
reports, and formulate recommendations for the Department's
consideration. A copy of each draft report and the final agenda will be
available at https://homeport.uscg.mil/tsac.
    During the February 25, 2014 teleconference, the public comment
period will be from approximately 2:45 p.m. to 3 p.m. Speakers are
requested to limit their comments to three minutes. Please note that
this public comment period may start before 2:45 p.m. if all other
agenda items have been covered and may end before 3 p.m. if all of
those wishing to comment have done so. Please contact Mr. Ken Doyle,
listed in the FOR FURTHER INFORMATION CONTACT section to register as a
speaker.

Minutes

    Minutes from the meeting will be available for public review and
copying within 30 days following the meeting at https://homeport.uscg.mil/tsac.

Notice of Future 2014 TSAC Meetings

    To receive automatic email notices of future TSAC meetings in 2014,
go to the online docket, USCG-2013-1065 (http://www.regulations.gov/#!docketDetail;D=USCG-2013-1065), and select the sign-up-for-email-
alerts option. We plan to use the same docket number for all TSAC
meetings notice in 2014, so when the next meeting notice is published
you will receive an email alert from www.regulations.gov when the
notice appears in this docket.

    Dated: January 29, 2014.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2014-02220 Filed 2-3-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Proposed Rules]
[Pages 48839-48840]
[FR Doc No: 2013-19456]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0173; Airspace Docket No. 13-ASW-6]

Proposed Amendment of Class E Airspace; Carlsbad, NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace at Carlsbad,
NM. Additional controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAP) at Cavern City Air
Terminal. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rules (IFR) operations for SIAPs at the
airport.

DATES: Comments must be received on or before September 26, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0173/Airspace Docket No. 13-
ASW-6, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527), is on the ground floor of the
building at the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking 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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice of proposed
rulemaking must submit with those comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2013-0173/Airspace Docket No. 13-ASW-6.'' The postcard will be
date/time stamped and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ``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 Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs 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

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by amending Class E airspace extending upward from
700 feet above the surface to accommodate new standard instrument
approach procedures at Cavern City Air Terminal, Carlsbad, NM.
Accordingly, an additional segment would extend from the 7.4-mile
radius of the airport to 10.7 miles southwest of the airport, to retain
the safety and management of IFR aircraft in Class E airspace to/from
the en route environment.
    Class E airspace areas 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 would 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, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This proposed regulation is within the scope of that
authority as it would amend controlled airspace at Cavern City Air
Terminal, Carlsbad, NM.

Environmental Review

    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.

List 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 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 FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
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.

* * * * *

ASW NM E5 Carlsbad, NM [Amended]

Carlsbad, Cavern City Air Terminal, NM
    (Lat. 32[deg]20'15'' N., long. 104[deg]15'48'' W.)
Cavern City Air Terminal Localizer
    (Lat. 32[deg]20'22'' N., long. 104[deg]15'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.4-mile radius of Cavern City Air Terminal, and within 1.4
miles each side of the Cavern City Air Terminal Localizer southwest
course extending from the 7.4-mile radius to 9.4 miles southwest of
the airport, and within 1.8 miles each side of the 044[deg] bearing
from the airport extending from the 7.4-mile radius to 8.7 miles
northeast of the airport, and within 2 miles each side of the
209[deg] bearing from the airport extending from the 7.4-mile radius
to 10.7 miles southwest of the airport.

    Issued in Fort Worth, TX, on July 26, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-19456 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10315-10316]
[FR Doc No: 2023-03351]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2002-0091; FRL 10639-01-OAR]

Proposed Information Collection Request; Comment Request; Ambient
Air Quality Surveillance 40 CFR 58 (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Ambient Air Quality
Surveillance (Renewal)'' (EPA ICR No. 0940.30, OMB Control No. 2060-
0084) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. Before doing
so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through July 31,
2023. An 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.

DATES: Comments must be submitted on or before April 18, 2023.

ADDRESSES: Submit your comments to the EPA, referencing Docket ID No.
EPA-HQ-OAR-2002-0091, online using https://www.regulations.gov (our
preferred method), by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    The EPA's policy is that all comments received will be included in
the public docket without change including any personal information
provided unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Nealson Watkins, Air Quality
Assessment Division, Office of Air Quality Planning and Standards,
C304-06, Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>: email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about the EPA's public docket, visit https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: This ICR includes ambient air monitoring data and other
supporting measurements reporting and recordkeeping activities
associated with the 40 CFR 58, Ambient Air Quality Surveillance rule.
These data and information are collected by various state and local air
quality management agencies and reported to the EPA's Office of Air
Quality Planning and Standards within the Office of Air and Radiation.
    The data collected through this information collection consist of
ambient air concentration measurements for the seven air

pollutants with national ambient air quality standards (i.e., ozone,
sulfur dioxide, nitrogen dioxide, lead, carbon monoxide,
PM2.5 and PM10), ozone precursors, meteorological
variables at a select number of sites and other supporting
measurements. Accompanying the pollutant concentration data are quality
assurance/quality control data and air monitoring network design
information.
    The EPA and others (e.g., state and local air quality management
agencies, tribal entities, environmental groups, academic institutions,
industrial groups) use the ambient air quality data for many purposes.
Some of the more prominent uses include informing the public and other
interested parties of an area's (e.g., county, city, neighborhood) air
quality, judging an area's air quality in comparison with the
established health or welfare standards (including both national and
local standards), evaluating an air quality management agency's
progress in achieving or maintaining air pollutant levels below the
national and local standards, developing and revising State
Implementation Plans (SIPs) in accordance with 40 CFR 51, evaluating
air pollutant control strategies, developing or revising national
control policies, providing data for air quality model development and
validation, supporting enforcement actions, documenting episodes and
initiating episode controls, air quality trends assessment, and air
pollution research.
    The state and local agencies and tribal entities with
responsibility for reporting ambient air quality data and information
as requested in this ICR submit these data electronically to the EPA's
Air Quality System (AQS) database. Quality assurance/quality control
records and monitoring network documentation are also maintained by
each state and local agency, in AQS electronic format where possible.
    Although the state and local air pollution control agencies and
tribal entities are responsible for the operation of the air monitoring
networks, the EPA funds a portion of the total costs through federal
grants. These grants generally require an appropriate level of
contribution, or ``match,'' from the state/local agencies or tribal
entities. The costs shown in this renewal are the total costs incurred
for the monitoring program regardless of the source of the funding.
This practice of using the total cost is consistent with prior ICR
submittals and renewals.
    This ICR reflects revisions of the previous ICR update of 2019, and
covers the period of 2023-2025. The number of monitoring stations,
sampling parameters, and frequency of data collection and submittal is
expected to remain relatively stable for 2023-2025, with minor
increases and decreases expected for several ambient air monitoring
networks as air monitoring agencies review and adjust their monitoring
networks. However, the EPA is reviewing the burden estimates in this
ICR renewal for potential updates and seeks comments on the burden
associated with asset management recordkeeping and reporting, burden
associated with Chemical Speciation Network (CSN) reporting, and
whether there are other suggested updates to the burden estimates for
this ICR renewal.
    As noted above, the EPA is considering the burden associated with
implementing a reporting system and reporting requirements for asset
management in this ICR renewal and has solicited feedback from
reporting agencies on asset management reporting. Additionally, the EPA
is considering the burden associated with Chemical Speciation Network
(CSN) reporting, which is not a new requirement but was omitted from
previous ICR renewals. As such, the EPA seeks comments, on a voluntary
basis, regarding the following topics:
     The EPA seeks comments on whether reporting agencies are
currently using an asset management system and would use electronic
data transfer for asset management reporting or whether agencies would
likely use direct data entry in an online reporting system.
     The EPA seeks comments on the burden currently incurred by
reporting agencies associated with CSN recordkeeping and reporting.
     The EPA seeks comments on whether additional updates or
edits are needed to improve the accuracy of the burden estimates in the
current ICR (EPA ICR No. 0940.29, OMB Control No. 2060-0084).
    Form Numbers: None.
    Respondents/affected entities: State, Local, and Tribal Air
Pollution Control Agencies.
    Respondent's obligation to respond: Mandatory (40 CFR part 58).
    Estimated number of respondents: 168 (total).
    Frequency of response: Quarterly.
    Total estimated burden: 1,771,662 hours (per year). Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $215,352,864 (per year), includes $81,263,356
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is an anticipated increase in burden
from the most recently approved ICR as currently identified in the OMB
Inventory of Approved Burdens. This is due to several considerations.
First, the EPA expects to make a correction to include burden for CSN
reporting. Additionally, the EPA plans to incorporate burden estimates
for new asset management recordkeeping and reporting. The number of
respondents is not expected to change significantly over the three-year
period of this ICR. Finally, the EPA plans to update the burden
estimates for the Photochemical Assessment Monitoring Stations (PAMS).
For this ICR renewal, the EPA will use experience from the last three
years to provide burden estimates that adequately reflect the actual
burden. The EPA will consider any comments received and will conduct
consultation with reporting agencies. There is an anticipated increase
in costs due to the correction to include CSN reporting, the additional
asset management recordkeeping and reporting, and the use of updated
labor rates.

Richard A. Wayland,
Director, Air Quality Assessment Division.
[FR Doc. 2023-03351 Filed 2-16-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71988-71991]
[FR Doc No: 2016-25148]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2016-0311; FRL-9954-14-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Utah; Revisions to the Utah Division of Administrative Rules,
R307-300 Series; Area Source Rules for Attainment of Fine Particulate
Matter Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval and finalizing the conditional approval of portions of the
fine particulate matter (PM2.5) State Implementation Plan
(SIP) and other general rule revisions submitted by the State of Utah.
The revisions affect the Utah Division of Administrative Rules (DAR),
R307-300 Series; Requirements for Specific Locations. The revisions had
submission dates of May 9, 2013, May 20, 2014, September 8, 2015, and
March 8, 2016. The March 8, 2016 submittal contains rule revisions to
address our February 25, 2016 conditional approval of several Utah DAR
R307-300 Series rules submitted on February 2, 2012, May 9, 2013, and
May 20, 2014. These area source rules control emissions of direct
PM2.5 and PM2.5 precursors, which are sulfur
dioxides (SO2), nitrogen oxides (NOX) and
volatile organic compounds (VOC). Additionally, the EPA is finalizing
to approve the State's reasonably available control measure (RACM)
determinations for the rule revisions that pertain to the
PM2.5 SIP. This action is being taken under section 110 of
the Clean Air Act (CAA or Act).

DATES: This final rule is effective on November 18, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2016-0311. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA,
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 17, 2006 (71 FR 61144), the EPA strengthened the level
of the 24-hour PM2.5 National Ambient Air Quality Standards
(NAAQS), lowering the primary and secondary standards from 65
micrograms per cubic meter ([micro]g/m\3\), the 1997 standard, to 35
[micro]g/m\3\. On November 13, 2009 (74 FR 58688), the EPA designated
three nonattainment areas in Utah for the 24-hour PM2.5
NAAQS of 35 [micro]g/m\3\. These are the Salt Lake City, Utah; Provo,
Utah; and

Logan, Utah-Idaho nonattainment areas. The State of Utah has made a
number of SIP submittals intended to address the requirements under
part D of title I of the CAA for these PM2.5 nonattainment
areas. Among those requirements are those in sections 172(c)(1) and
189(a)(1)(C) regarding RACM and reasonably available control technology
(RACT).
    On August 18, 2016 (81 FR 55156), the EPA proposed to approve and
conditionally approve a number of RACM components in the
PM2.5 Moderate area SIP submitted by the State. Our proposed
notice provides details on the EPA's interpretation of the RACM
requirements under part D and our evaluation of the State's submittals.
The submittals dated May 9, 2013, May 20, 2014, September 8, 2015, and
March 8, 2016, contained various revisions to the Utah DAR, Title
R307--Environmental Quality, set of rules, most of which are applicable
to the Utah SIP for PM2.5 nonattainment areas. The rules we
are addressing in this final rule were provided by Utah in the four
different submissions listed above, and these rules are R307-101-2,
General Requirements: Definitions; R307-302, Solid Fuel Burning Devices
in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber
Counties; R307-312, Aggregate Processing Operations for
PM2.5 Nonattainment Areas; and R307-328, Gasoline Transfer
and Storage.

II. Response to Comments

    The EPA did not receive any comments on the proposed action.

III. Final Action

    For the reasons stated in our proposed notice, the EPA is
finalizing approval of revisions to Administrative Rule R307-101-2,
along with revisions in R307-300 Series; Requirements for Specific
Locations (Within Nonattainment and Maintenance Areas), R307-312 and
R307-328 for incorporation into the Utah SIP as submitted by the State
of Utah on March 8, 2016. This final rule completes the February 25,
2016 (81 FR 9343) conditional approval for R307-101-2, R307-312, and
R307-328 that had submission dates of February 2, 2012, May 9, 2013,
and May 20, 2014. Additionally, we are finalizing approval of Utah's
determination that R307-312 constitutes RACM for the Utah
PM2.5 SIP that was conditionally approved on February 25,
2016 (81 FR 9343); however, we are not acting at this time to determine
that Utah's PM2.5 attainment plan has met all requirements
regarding RACM under subparts 1 and 4 of part D, title I of the Act. We
intend to act separately on the remainder of Utah's PM2.5
attainment plan.
    The EPA is finalizing the conditional approval of revisions for
R307-302 found in the May 9, 2013, May 20, 2014, and September 8, 2015
submittals. Additionally, the EPA is finalizing the conditional
approval of Utah's determination that R307-302 constitutes RACM for the
Utah PM2.5 SIP for solid fuel burning devices. As stated
earlier, we are not determining that Utah's PM2.5 attainment
plan has met all requirements regarding RACM under subparts 1 and 4 of
part D, title I of the Act. Under section 110(k)(4) of the Act, the EPA
may approve a SIP revision based on a commitment by the state to adopt
specific enforceable measures by a date certain, but not later than one
year after the date of approval of the plan revision. On May 19, 2016,
Utah submitted a commitment letter to adopt and submit specific
revisions within one year of our final action on these submittals;
specifically to add continuous controls that extend to startup,
shutdown, and malfunction, by establishing a prohibition on fuel types
that can't be burned in a solid fuel burning device at any time. Since
we are finalizing our conditional approval, Utah must adopt and submit
the specific revisions it has committed to within one year of our
finalization. If Utah does not submit these revisions within one year,
or if we find Utah's revisions to be incomplete, or we disapprove
Utah's revisions, this conditional approval will convert to a
disapproval. If any of these convert to a disapproval, that will
constitute a disapproval of a required plan element under part D of
title I of the Act, which starts an 18-month clock for sanctions, see
CAA section 179(a)(2), and the two-year clock for a federal
implementation plan (FIP) to address the disapproved plan element, see
CAA section 110(c)(1)(B).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Utah
Division of Administrative Rules described in the amendments set forth
to 40 CFR part 52 below. Therefore, these materials have been approved
by the EPA for inclusion in the state implementation plan, have been
incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 8 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves of state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this final action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and

     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organization compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 26, 2016.
Debra H. Thomas,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart TT--Utah

0
2. Section 52.2320, the table in paragraph (c) is amended as follows:
0
a. Under ``R307-101. General Requirements'' by revising the entry for
``R307-101-2'';
0
b. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential
Fireplaces and Stoves'' by revising the entries ``R307-302-1'', ``R307-
302-2'', ``R307-302-3'', ``R307-302-4'';
0
c. Under ``R307-302. Davis, Salt Lake, and Utah Counties: Residential
Fireplaces and Stoves'' by adding the entries ``R307-302-05'', ``R307-
302-06'';
0
d. Under ``R307-312. Aggregate Processing Operations for
PM2.5; Nonattainment Areas'' by revising the entry for
``R307-312'';
0
e. Under ``R307-312. Aggregate Processing Operations for
PM2.5; Nonattainment Areas'' by removing the entry for
``R307-312-5(2)(a)'';
0
f. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah
and Weber Counties: Gasoline Transfer and Storage'' by revising the
entry for ``R307-328''; and
0
g. Under ``R307-328. Ozone Nonattainment and Maintenance Areas and Utah
and Weber Counties: Gasoline Transfer and Storage'' by removing the
entry for ``307-328-4(6)''.
    The revisions and additions read as follows:

Sec.  52.2320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                         State       Final rule citation,
          Rule No.                 Rule title       effective date           date                 Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         R307-101. General Requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
R307-101-2.................  Definitions..........        3/3/2016  [Insert Federal        .....................
                                                                     Register citation],
                                                                     10/19/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                R307-302. Davis, Salt Lake, and Utah Counties: Residential Fireplaces and Stoves
----------------------------------------------------------------------------------------------------------------
R307-302-01................  Definitions..........        2/4/2015  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-02................  No-Burn Periods for          2/4/2015  [Insert Federal        Conditionally
                              PM10.                                  Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-03................  No-Burn Periods for          3/6/2014  [Insert Federal        Conditionally
                              Carbon Monoxide.                       Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-04................  Violations...........        3/6/2014  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.
R307-302-05................  Opacity and other            3/6/2014  [Insert Federal        Conditionally
                              Controls for Heating                   Register citation],    approved through 10/
                              Appliances.                            10/19/2016.            19/2017.

R307-302-06................  Prohibition..........        1/1/2013  [Insert Federal        Conditionally
                                                                     Register citation],    approved through 10/
                                                                     10/19/2016.            19/2017.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    R307-312. Aggregate Processing Operations for PM2.5; Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R307-312...................  Aggregate Processing         2/4/2016  [Insert Federal        .....................
                              Operations for PM2.5                   Register citation],
                              Nonattainment Areas.                   10/19/2016.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage
----------------------------------------------------------------------------------------------------------------
R307-328...................  Ozone Nonattainment          2/4/2016  [Insert Federal        .....................
                              and Maintenance                        Register citation],
                              Areas and Utah and                     10/19/2016.
                              Weber Counties:
                              Gasoline Transfer
                              and Storage.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-25148 Filed 10-18-16; 8:45 am]
 BILLING CODE 6560-50-P