[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64015-64017]
[FR Doc No: 2011-26639]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0610; FRL-9479-4]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Drum and Pail
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. This SIP revision includes
amendments to the Code of Maryland (COMAR) <IP_ADDRESS>, Volatile
Organic Compounds from Specific Processes, Drum and Pail Coating.
Maryland's SIP revision meets the requirement to adopt Reasonably
Available Control Technology (RACT) for sources covered by EPA's
Control Techniques Guidelines (CTG) standards for drum and pail
coatings and will help Maryland attain and maintain the National
Ambient Air Quality Standard (NAAQS) for ozone. EPA is approving this
revision concerning the adoption of the CTG requirements for drum and
pail coatings in accordance with the requirements of the Clean Air Act
(CAA).

DATES: Effective Date: This final rule is effective on November 16,
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2011-0610. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (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 either electronically through http://www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Maryland Department of the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Irene Shandruk,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 182(b)(2) of the CAA, 42 U.S.C. 7511a(b)(2), requires that
states having moderate nonattainment areas for ozone revise their SIP
to include provisions requiring the implementation of RACT for certain
sources, including categories of volatile organic compound (VOC)
sources covered by a CTG document issued by the Administrator between
November 15, 1990 and the date of attainment. EPA originally developed
CTG standards for miscellaneous metal and plastic products in 1978,
which includes drum and pail coating, and revised them in 2008.
Maryland subsequently made changes to its SIP which adopted EPA's CTG
standards for drum and pail coatings. The formal SIP revision was
submitted by Maryland to EPA on June 22, 2011. On August 18, 2011 (76
FR 51314), EPA published a notice of proposed rulemaking (NPR) for
Maryland. The NPR proposed approval of Maryland's SIP revision for
adoption of the CTG standards for drum and pail coatings. No comments
were received on the NPR.

II. Summary of SIP Revision

    On June 22, 2011, the Maryland Department of the Environment (MDE)
submitted to EPA a SIP revision (11-04) concerning the
adoption of the emission limits for drum and pail coatings, part of the
EPA miscellaneous metal and plastic parts coatings CTG. EPA develops
CTGs as guidance on control requirements for source categories. States
can follow the CTGs or adopt more restrictive standards. The State of
Maryland has adopted EPA's CTG standards for drum and pail coatings.
This regulation is found in COMAR 26.11.19, Volatile Organic Compounds
from Specific Processes. Specifically, this revision amends the
existing regulation at Section <IP_ADDRESS> by making it specific to
drum and pail coating processes and adopting emission limits (Table 1)
for this industry.

                Table 1--Drum and Pail Coating Standards
------------------------------------------------------------------------
                                       lbs VOC/gallon     kg VOC/liter
            Coating types              coating (minus    coating (minus
                                           water)            water)
------------------------------------------------------------------------
New, Exterior.......................               2.8              0.34
New, Interior.......................               3.5              0.42
Reconditioned, Exterior.............               3.5              0.42
Reconditioned, Interior.............               4.2              0.50
------------------------------------------------------------------------

    Other specific requirements concerning this rulemaking and the
rationale for EPA's action are explained in the NPR and the Technical
Support Document (TSD) and will not be restated here. No public
comments were received on the NPR.

III. Final Action

    EPA is approving Maryland's adoption of the CTG requirements for
drum and pail coatings as a revision to the Maryland SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 CAA; and
     Does not provide 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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. 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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 16, 2011. 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 concerning Maryland's adoption of CTG standards for
drum and pail coatings 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: October 5, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR <IP_ADDRESS> to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
       Code of Maryland                                        State                             explanation/
  administrative  regulations         Title/subject       effective date   EPA approval date  citation at 40 CFR
       (COMAR)  citation                                                                            52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                           26.11.19 Volatile Organic Compounds from Specific Processes

                                                  * * * * * * *
<IP_ADDRESS>...................  Drum and Pail Coating...         5/16/11  10/17/11 [Insert    Revisions to
                                                                           page number where   Section title and
                                                                           the document        Sections .13A,
                                                                           begins].            .13B, and .13C
                                                                                and addition of
                                                                                new Section .13D.

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

* * * * *
[FR Doc. 2011-26639 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14362-14363]
[FR Doc No: 2023-04755]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10742-01-OW]

Clean Water Act; Contractor Access to Confidential Business
Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of intended transfer of confidential business
information to contractor and its subcontractors.

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SUMMARY: The Environmental Protection Agency (EPA) intends to transfer
confidential business information (CBI) collected from numerous
industries under a newly awarded contract, effective November 1, 2022,
to Eastern Research Group (ERG) and its subcontractors. Transfer of
this information is necessary for ERG to assist the Office of Water in
the preparation of effluent guidelines and standards and with its
effluent guidelines planning and review activities. Much of the
information being transferred was or will be collected under the
authority of section 308 of the Clean Water Act (CWA). Interested
persons may submit comments on this intended transfer of information to
the person listed in the ADDRESSES section of this document.

DATES: Comments on the transfer of data are due March 13, 2023.

ADDRESSES: Comments may be sent to M. Ahmar Siddiqui, Document Control
Officer, Engineering and Analysis Division (4303T), U.S. EPA, 1200
Pennsylvania Ave. NW, Washington, DC 20460, or via email at
[email protected].

FOR FURTHER INFORMATION CONTACT: M. Ahmar Siddiqui, Document Control
Officer, at<PHONE_NUMBER>, or via email at [email protected].

SUPPLEMENTARY INFORMATION: EPA has transferred CBI to various
contractors and subcontractors over the history of the effluent
guidelines program under 40 CFR 2.302(h). EPA determined that this
transfer was necessary to enable the contractors and subcontractors to
perform their work in supporting EPA in planning, developing, and
reviewing effluent guidelines and standards for certain industries.
    Pursuant to 40 CFR 2.302(h)(2), EPA is giving notice that,
effective November 1, 2022, it has entered into a new contract with
ERG, contract number 68HERC23D0001, located in Chantilly, Virginia. The
purpose of this contract is to secure technical and engineering
analysis support for EPA in its development, review, implementation,
and defense of water-related initiatives

for a variety of industries. To obtain assistance in responding to this
contract, ERG has entered into contracts with the following
subcontractors and consultant: Avanti Corporation (located in
Alexandria, Virginia), Corollo Engineering (located in Walnut Creek,
California), Craftwater (located in San Diego, California), GrantTech
(located in New London, Connecticut), Great Lakes Environmental Center
(GLEC, located in Traverse City, Michigan), Horsley Witten Group, Inc.
(located in Sandwich, Massachusetts), Rumley Solutions, Inc., dba/
Hummingbird Firm (located in Atlanta, Georgia), LimnoTech, Inc., dba/
LimnoTech (located in Washington, District of Columbia), Mabbett &
Associates, Inc. (located in Stoneham, Massachusetts), PG
Environmental, LLC (located in Chantilly, Virginia and Golden,
Colorado), and RESPEC Inc. (located in Rapid City, South Dakota and
Decatur, Georgia).
    All EPA contractor, subcontractor, and consultant personnel are
bound by the requirements and sanctions contained in their contracts
with EPA and in EPA's confidentiality regulations found at 40 CFR part
2, subpart B. ERG will adhere to an EPA-approved security plan which
describes procedures to protect CBI. ERG will apply the procedures in
this plan to CBI previously gathered by EPA and to CBI that may be
gathered in the future. The security plan specifies that contractor
personnel are required to sign non-disclosure agreements and are
briefed on appropriate security procedures before they are permitted
access to CBI. No person is automatically granted access to CBI: a need
to know must exist.
    The information that will be transferred to ERG consists of
information previously collected by EPA to support the development and
review of effluent limitations guidelines and standards under the CWA
and that EPA had transferred to ERG under a previous contract with
them. In particular, information, including CBI, collected for the
planning, development, and review of effluent limitations guidelines
and standards for the following industries may be transferred to ERG
under the new contract: airport deicing; aquaculture; centralized waste
treatment; coal bed methane; concentrated animal feeding operations;
coal mining; construction and development; drinking water treatment;
industrial container and drum cleaning; industrial laundries;
industrial waste combustors; iron and steel manufacturing; landfills;
meat and poultry products; metal finishing; metal products and
machinery; nonferrous metals manufacturing; oil and gas extraction
(including coalbed methane); ore mining and dressing; organic
chemicals, plastics, and synthetic fibers; pesticide chemicals;
petroleum refining; pharmaceutical manufacturing; pulp, paper, and
paperboard manufacturing; shale gas extraction; steam electric power
generation; textile mills; timber products processing; tobacco;
transportation equipment cleaning; and other industrial categories that
EPA has reviewed or may review as part of its CWA required annual
review activities.
    EPA also intends to transfer to ERG all information listed in this
notice, of the type described above (including CBI) that may be
collected in the future under the authority of section 308 of the CWA
or voluntarily submitted (e.g., in comments in response to a Federal
Register notice), as is necessary to enable ERG to carry out the work
required by its contract to support EPA's effluent guidelines planning
and review process and the development of effluent limitations
guidelines and standards.

Deborah Nagle,
Director, Office of Science and Technology, Office of Water.
[FR Doc. 2023-04755 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Proposed Rules]
[Pages 42254-42258]
[FR Doc No: 2014-17103]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2014-0540]
RIN 1625-AA08, AA00

Special Local Regulations for Marine Events and Safety Zone,
Patapsco River; Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on navigable waters before, during, and
after the ``Baltimore Air Show,'' which consists of aerial practices,
performance demonstrations and air shows. The event, scheduled as part
of the Star-Spangled 200 activities at Baltimore, Maryland, will be
held over certain waters of the Patapsco River from September 11, 2014,
through September 14, 2014. This action will restrict vessel traffic in
portions of the Patapsco River during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before August 20, 2014. The Coast Guard anticipates that
this proposed rule will be effective from September 11, 2014 through
September 14, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) 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. Deliveries accepted
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. The telephone number is<PHONE_NUMBER>. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section below for further instructions on submitting
comments. To avoid duplication, please use only one of these three
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-0540] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0138) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This rule involves an air show that will take place over the
Patapsco River in Baltimore, Maryland on September 13, 2014 and
September 14, 2014 and will attract thousands of spectators on the
Patapsco River. This rule also involves a designated on-water spectator
area associated with the air show. The current regulations under 33 CFR
100 address safety for reoccurring marine events. This marine event
does not appear in the current regulations; however, as it is a
regulation to provide effective control over regattas and marine
parades on the navigable waters of the United States so as to insure
safety of life in the regatta or marine parade area, this marine event
therefore needs to be temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233, and to establish
safety zones: 33 U.S.C. 1231.
    The purpose of the rule is to provide for the safety of
participants, spectators, and transiting vessels from the potential
hazards associated with an air show, such as aircraft accidents,
dangerous projectiles, hazardous materials spills and falling debris.
This rule is necessary to ensure safety of life on navigable waters of
the United States before, during and after the scheduled Baltimore Air
Show event.

D. Discussion of Proposed Rule

    The Star Spangled 200, Inc. is sponsoring the ``Baltimore Air
Show'' on September 13, 2014 and September 14, 2014. The public event
will consist of military and civilian aircraft performing low-flying,
high-speed precision maneuvers and aerial stunts over specified waters
of the Patapsco River and navigable channels in Baltimore Harbor. In
addition to the air show dates, military and civilian aircraft
performing in the air show will conduct practice and demonstration
maneuvers and stunts over specified waters of the Patapsco River and
navigable channels in Baltimore Harbor on September 11, 2014 and
September 12, 2014. A large spectator fleet is anticipated for the
event, as part of the Star Spangled 200 activities.
    Through this regulation, the Coast Guard proposes to establish a
temporary regulated area. The proposed regulated area will encompass
all waters of the Patapsco River, within an area bounded by a line
connecting position latitude 39[deg]16'00'' N, longitude
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]36'30'' W; thence to the point of origin, located between Port
Covington and Seagirt Marine Terminal at Baltimore, MD. Within the
regulated area is a designated spectator area for commercial passenger
vessels. The spectator area includes all waters of the Patapsco River,
located between the northern boundary of the regulated area described
in paragraph (a)(1) of this section at latitude 39[deg]16'00'' N,
thence southerly to the northern boundary of the safety zone
represented by a line connecting position latitude 39[deg]15'44'' N,
longitude 076[deg]35'55'' W; to position latitude 39[deg]15'19'' N,
longitude 076[deg]33'25'' W, located adjacent to the Fort McHenry
National Monument and Historic Shrine at Baltimore, MD. This regulated
area will be enforced from 10 a.m. to 6 p.m. each day from September
11, 2014 through September 14, 2014.
    Through this regulation, the Coast Guard also proposes to establish
a safety zone. The proposed safety zone encompasses the aerobatic show
box, approximately 12,000 feet long and 3,000 feet wide, and is located
within the regulated area. The temporary safety zone includes all
waters of the Patapsco River, located within an area bounded by a line
connecting position latitude 39[deg]15'44'' N, longitude
076[deg]35'56'' W; to latitude 39[deg]15'19'' N, longitude
076[deg]33'26'' W; thence to latitude 39[deg]14'49'' N, longitude
076[deg]33'35'' W; thence to latitude 39[deg]15'15'' N, longitude
076[deg]36'04'' W; thence to point of origin. Access to the safety zone
will be restricted during the specified dates and times. Except for
vessels authorized by the Captain of the Port or his designated
representative, no person or vessel may enter or remain in the safety
zone. U.S. Coast Guard vessels will be provided to enforce the safety
zone. The Captain of the Port Baltimore will issue Broadcast Notices to
Mariners to publicize the safety zone and notify the public of changes
in the status of the zone. Such notices will continue until the event
is complete.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: The primary impact of these regulations will be on
vessels wishing to transit the affected waterways during activities
associated with the Baltimore Air Show beginning on September 11, 2014
and ending on September 14, 2014. Although these regulations prevent
traffic from transiting a portion of the Patapsco River during this
event, that restriction is limited in duration, affects only a limited
area, and will be well publicized to allow mariners to make alternative
plans for transiting the affected area. Moreover, the magnitude of the
event itself will severely hamper or prevent transit of the waterway,
even absent these regulations designed to ensure it is conducted in a
safe and orderly fashion.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within

that portion of the Patapsco River encompassed within the special local
regulations from 10 a.m. to 6 p.m. each day on September 11, 2014,
September 12, 2014, September 13, 2014, and September 14, 2014, and
encompassed within the safety zone from 10 a.m. until 6 p.m. each day
on September 11, 2014, September 12, 2014, September 13, 2014, and
September 14, 2014. For the reasons discussed in the Regulatory
Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference With Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment.
    This proposed rule involves special local regulations issued in
conjunction with a regatta or marine parade. This proposed rule
addresses safety concerns immediately outside the aerobatic show box,
including the required patrols of law enforcement and safety vessels,
establishment of emergency egress routes, and designated spectator
areas. This rule is categorically excluded from further review under
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A
preliminary environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES.
    Additionally, this proposed rule involves establishing a temporary
safety zone for an aerobatic show box during an air show. The air show
is scheduled over navigable waters of the United States and may have
potential for negative impact on the safety or other interest of
waterway users and near shore activities in the event area. This rule
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
    We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0540 to read as follows:

Sec.  100.35-T05-0540  Special Local Regulations for Marine Events,
Patapsco River; Baltimore, MD.

    (a) Regulated areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Regulated area. The following location is a regulated area: All
waters of the Patapsco River, within an area bounded by a line
connecting position latitude 39[deg]16'00'' N, longitude
076[deg]36'30'' W; thence to latitude 39[deg]16'00'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]33'00'' W; thence to latitude 39[deg]14'30'' N, longitude
076[deg]36'30'' W; thence to the point of origin, located between Port
Covington and Seagirt Marine Terminal at Baltimore, MD.
    (2) Designated commercial passenger vessel spectator area. The
following location is a spectator area within the regulated area: All
waters of the Patapsco River, located between the northern boundary of
the regulated area described in paragraph (a)(1) of this section at
latitude 39[deg]16'00'' N, thence southerly to the northern boundary of
the safety zone represented by a line connecting position latitude
39[deg]15'44'' N, longitude 076[deg]35'55'' W; to position latitude
39[deg]15'19'' N, longitude 076[deg]33'25'' W, located adjacent to the
Fort McHenry National Monument and Historic Shrine at Baltimore, MD.
    (b) Definitions. (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U. S. Coast Guard who
has been designated by the Commander, Coast Guard Sector Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the
Baltimore Air Show event under the auspices of the Marine Event Permit
issued to the event sponsor and approved by Commander, Coast Guard
Sector Baltimore.
    (4) Spectator means all persons and vessels not registered with the
event sponsor as participants or official patrol.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander
may forbid and control the movement of all vessels and persons in the
regulated area. When hailed or signaled by an official patrol, a vessel
or person in the regulated area shall immediately comply with the
directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or
the operation of any participant in the event, at any time it is deemed
necessary for the protection of life or property. The Coast Guard may
be assisted in the patrol and enforcement of the regulated area by
other Federal, State, and local agencies.
    (3) All Coast Guard vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Spectators are allowed inside the regulated area, but must
remain outside the safety zone at all times. Only commercial passenger
vessels will be permitted to anchor within the designated spectator
area described in Paragraph (a)(2) of this section. Spectators may
contact the Coast Guard Patrol Commander to request permission to pass
through the regulated area. If permission is granted, spectators shall
comply with the directions given and must pass directly through the
regulated area, outside the safety zone, at a safe speed and without
loitering.
    (5) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.
    (d) Enforcement period. This section will be enforced from 10 a.m.
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10
a.m. to 6 p.m. on September 14, 2014.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
4. Add temporary Sec.  165.T05-0540 to read as follows:

Sec.  165.T05-0540  Safety Zone, Patapsco River; Baltimore, MD.

    (a) Location. The following area is a safety zone: All waters of
the Patapsco River, within an area bounded by a line connecting
position latitude 39[deg]15'44'' N, longitude 076[deg]35'56'' W; to
latitude 39[deg]15'19'' N, longitude 076[deg]33'26'' W; thence to
latitude 39[deg]14'49'' N, longitude 076[deg]33'35'' W; thence to
latitude 39[deg]15'15'' N, longitude 076[deg]36'04'' W; thence to point
of origin. All coordinates reference Datum NAD 1983.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section,
Sec.  165.T05.0540.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Baltimore or his
designated representative.
    (3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Baltimore or
his designated representative. To seek permission to transit the area,
the Captain of the Port Baltimore and his designated representative can
be contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port Baltimore or his designated
representative and proceed at the minimum speed necessary to maintain a
safe course while within the zone.
    (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (c) Definitions. As used in this section:
    Captain of the Port Baltimore means the Commander, U.S. Coast Guard
Sector Baltimore, Maryland.

    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Baltimore to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement periods. This section will be enforced from 10 a.m.
to 6 p.m. on September 11, 2014, from 10 a.m. to 6 p.m. on September
12, 2014, from 10 a.m. to 6 p.m. on September 13, 2014, and from 10
a.m. to 6 p.m. on September 14, 2014.

    Dated: July 7, 2014.
M. Dean,
Commander, U.S. Coast Guard, Acting Captain of the Port Baltimore.
[FR Doc. 2014-17103 Filed 7-18-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Rules and Regulations]
[Page 55099]
[FR Doc No: C1-2018-22163]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 744, 772, and 774

[Docket No. 170831854-7854-01]
RIN 0694-AH44

Wassenaar Arrangement 2017 Plenary Agreements Implementation

Correction

    In rule 2018-22163 beginning on page 53742 in the issue of
Wednesday, October 24, 2018 make the following correction:

Supplement No. 1 to Part 774, Category 3 [Corrected]

0
On page 53761, in the second column, the ``CIV'' paragraph for entity
3A001 was inadvertently omitted. Under line twenty-six, it should read,
``CIV: Yes for 3A001.a.3, a.7, and a.11.''

[FR Doc. C1-2018-22163 Filed 11-1-18; 8:45 am]
 BILLING CODE 1301-00-D


[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Rules and Regulations]
[Pages 37234-37235]
[FR Doc No: 2022-13298]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0454]

Safety Zone; San Francisco Giants Fireworks Display, San
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the San
Francisco Giants Fireworks Display in the Captain of the Port, San
Francisco area of responsibility during the dates and times noted
below. This action is necessary to protect personnel, vessels, and the
marine environment from the hazards associated with the fireworks
display. During the enforcement period, unauthorized persons or vessels
are prohibited from entering into, transiting through, or remaining in
the safety zone, unless authorized by the Patrol Commander (PATCOM),
any Official Patrol defined as other Federal, state, or local law
enforcement agencies on scene to assist the Coast Guard in enforcing
the regulated area.

DATES: The regulations in 33 CFR 165.1191 will be enforced for the
location identified in Table 1 to Sec.  165.1191, Item number 1, from
10 a.m. until 11:30 p.m. on July 1, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT William Harris, Waterways
Management, U.S. Coast Guard Sector San Francisco; telephone (415) 399-
7443, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.1191, Table 1, Item number 1, for the San Francisco
Giants Fireworks Display from 10 a.m. until 11:30 p.m. on July 1, 2022.
The safety zone will extend

to all navigable waters of the San Francisco Bay, from surface to
bottom, within a circle formed by connecting all points 100 feet out
from the fireworks barge during the loading, transit, and arrival of
the fireworks barge from the loading location to the display location
and until the start of the fireworks display. From 10 a.m. until 8 p.m.
on July 1, 2022, the fireworks barge will be loading pyrotechnics from
Pier 50 in San Francisco, CA. The fireworks barge will remain at the
loading location until its transit to the display location. From 8:30
p.m. to 8:45 p.m. on July 1, 2022, the loaded fireworks barge will
transit from Pier 50 to the launch site near Pier 48 in approximate
position 37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83) where it will
remain until the conclusion of the fireworks display. Upon the
commencement of the 10-minute fireworks display, scheduled to begin at
the conclusion of the baseball game, between approximately 9:30 p.m.
and 10:30 p.m. on July 1, 2022, the safety zone will increase in size
and encompass all navigable waters of the San Francisco Bay, from
surface to bottom, within a circle formed by connecting all points 700
feet out from the fireworks barge near Pier 48 in approximate position
37[deg]46'36'' N, 122[deg]22'56'' W (NAD 83). This safety zone will be
in enforced from 10 a.m. until 11:30 p.m. on July 1, 2022, or as
announced via Broadcast Notice to Mariners.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM or other Official
Patrol, defined as a Federal, state, or local law enforcement agency on
scene to assist the Coast Guard in enforcing the safety zone. During
the enforcement period, if you are the operator of a vessel in one of
the safety zones you must comply with directions from the Patrol
Commander or other Official Patrol. The PATCOM or Official Patrol may,
upon request allow the transit of commercial vessels through regulated
areas when it is safe to do so.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notification, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: June 15, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2022-13298 Filed 6-21-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31993-31994]
[FR Doc No: 2013-12486]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69607; File No. SR-BX-2013-029]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Order
Approving Proposed Rule Change Relating to Board of Director
Qualifications

May 20, 2013.
    On March 27, 2013, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Article IV, Section 4.3 of the Exchange's By-Laws (``BX By-
Laws'') with respect to the composition of the Exchange's Board of
Directors (``BX Board'').\3\ The proposed rule change was published for
comment in the Federal Register on April 8, 2013.\4\ The Commission
received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69280 (April 2,
2013), 78 FR 20971.
    \4\ See id.
---------------------------------------------------------------------------

    After careful review, the Commission finds that the proposed rule
change is

consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange \5\
and, in particular, the requirements of Sections 6(b)(3) \6\ and
6(b)(5) of the Act.\7\ The proposal will reduce from three to one the
minimum number of Public Directors \8\ that will be required to be
included in the calculation of Non-Industry Directors \9\ for the
purpose of determining the number of Non-Industry Directors that may
serve on the BX Board. The Exchange proposed this change in light of
the cessation in 2012 by the Boston Options Exchange LLC (``BOX'') of
its operations as an options trading facility of the Exchange \10\ and
the termination of the Regulatory Services Agreement (``RSA'') between
BX and BOX.\11\ To accommodate BOX when BOX was a BX facility, three
Public Directors were required to be included in the calculation of the
number of Non-Industry Directors on the BX Board.\12\ The Commission
notes that, although only one Public Director must be included in the
composition of Non-Industry Directors as a result of the proposed rule
change, the requirement in BX By-Law Article IV, Section 4.3 that the
number of Non-Industry Directors must equal or exceed the sum of
Industry Directors \13\ and Member Representative Directors \14\ will
continue to be met. Moreover, the Commission notes that, as a result of
the proposed rule change, the BX Board composition requirement
regarding Public Directors now will be similar to the board composition
requirements of NASDAQ OMX PHLX LLC (``Phlx'') and The NASDAQ Stock
Market LLC (``NASDAQ''), both of which require that the number of Non-
Industry Directors must include at least one Public Director.\15\ In
addition, the Commission notes that the BX Board will continue to have
three Public Directors, because the BX Board still will need to have
three Public Directors available to serve on its Regulatory Oversight
Committee, as required by BX By-Law Article IV, Section 4.13. For the
foregoing reasons, the Commission believes that the proposed rule
change is consistent with the Act.
---------------------------------------------------------------------------

    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(3).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Pursuant to BX By-Law Article I(gg), a Public Director is a
Director who has no material business relationship with a broker or
dealer, the Corporation (i.e., the Exchange) or its affiliates, or
FINRA.
    \9\ Pursuant to BX By-Law Article I(bb), a Non-Industry Director
is a Director (excluding Staff Directors) who is (i) a Public
Director; (ii) an officer or employee of an issuer of securities
listed on the Exchange; or (iii) any other individual who would not
be an Industry Director.
    \10\ BOX was a facility of the Exchange under Section 39(a)(2)
of the Act. See Securities Exchange Act Release Nos. 49066 (January
13, 2004), 69 FR 2773 (January 20, 2004) (SR-BSE-2003-17); 49065
(January 13, 2004), 69 FR 2768 (January 20, 2004) (SR-BSE-2003-04)
(``BOXR Order''); and 49068 (January 13, 2004), 69 FR 2775 (January
20, 2004) (SR-BSE-2002-15). See also Release No. 58324; 73 FR 46936
(August 7, 2008) (File Nos. SR-BSE-2008-02; SR-BSE-2008-23; SR-BSE-
2008-25; SR-BSECC-2008-01) (``Order Approving the Acquisition of the
Boston Stock Exchange, Incorporated by The NASDAQ OMX Group,
Inc.'').
    \11\ The RSA specified, among other matters, that BX would
terminate its responsibility for fulfilling certain obligations and
cease performing certain regulatory functions as of the effective
date of June 1, 2012, or sooner if BOX satisfied all of the
conditions required for BOX to operate as a national securities
exchange.
    \12\ See Securities Exchange Act Release No. 34-58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (File Nos. SR-BSE-2008-02; SR-
BSE-2008-23; SR-BSE-2008-25; SR-BSECC-2008-01); see also Securities
Exchange Act Release No. 67009 (May 17, 2012), 77 FR 30566 (May 23,
2012) (SR-BX-2012-036).
    \13\ Pursuant to BX By-Law Article I(t), an Industry Director is
a Director (excluding any two officers of the Corporation, selected
at the sole discretion of the Board, amongst those officers who may
be serving as Directors (the ``Staff Directors'')), who (i) is or
has served in the prior three years as an officer, director, or
employee of a broker or dealer, excluding an outside director or a
director not engaged in the day-to-day management of a broker or
dealer; (ii) is an officer, director (excluding an outside
director), or employee of an entity that owns more than ten percent
of the equity of a broker or dealer, and the broker or dealer
accounts for more than five percent of the gross revenues received
by the consolidated entity; (iii) owns more than five percent of the
equity securities of any broker or dealer, whose investments in
brokers or dealers exceed ten percent of his or her net worth, or
whose ownership interest otherwise permits him or her to be engaged
in the day-to-day management of a broker or dealer; (iv) provides
professional services to brokers or dealers, and such services
constitute twenty percent or more of the professional revenues
received by the Director or twenty percent or more of the gross
revenues received by the Director's firm or partnership; (v)
provides professional services to a director, officer, or employee
of a broker, dealer, or corporation that owns fifty percent or more
of the voting stock of a broker or dealer, and such services relate
to the director's, officer's, or employee's professional capacity
and constitute twenty percent or more of the professional revenues
received by the Director or twenty percent or more of the gross
revenues received by the Director's firm or partnership; or (vi) has
a consulting or employment relationship with or provides
professional services to the Corporation or any affiliate thereof or
to FINRA or has had any such relationship or provided any such
services at any time within the prior three years.
    \14\ Pursuant to BX By-Law Article I(x), a Member Representative
Director is a Director who has been elected by the stockholders
after having been nominated by the Member Nominating Committee or
voted upon by Exchange Members pursuant to the BX By-Laws (or
elected by the stockholders without such nomination or voting in the
case of the Member Representative Directors elected pursuant to
Article IV, Section 4.3(b)). A Member Representative Director may,
but is not required to be, an officer, director, employee, or agent
of an Exchange Member.
    \15\ See Phlx By-Law Article III, Section 3-2(a) and NASDAQ By-
Law Article III, Section 2(a).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-BX-2013-029) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).

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

    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-12486 Filed 5-24-13; 8:45 am]
BILLING CODE 8011-01-P