[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Notices]
[Pages 80225-80228]
[FR Doc No: 2022-28297]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96567; File No. SR-NASDAQ-2022-078]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Options 7, Section 2 Concerning the NOM Pricing Schedule

December 22, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 14, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend The Nasdaq Options Market LLC
(``NOM'') Pricing Schedule at Options 7, Section 2.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend NOM's Pricing Schedule at Options 7,
Section 2(1), ``Nasdaq Options Market--Fees and Rebates.'' Today, NOM
Options 7, Section 2(1) provides for various fees and rebates
applicable to NOM Participants.
    Customer \3\ and Professional \4\ Rebates to Add Liquidity in Penny
Symbols are paid per the highest tier achieved among the 6 available
tiers. To determine the applicable percentage of total industry
customer equity and ETF option average daily volume, unless otherwise
stated, the Exchange considers the Participant's Penny and Non-Penny
Symbol Customer and/or Professional volume that adds liquidity. Below
is the criteria for each Rebate to Add Liquidity in Penny Symbol tier.
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    \3\ The term ``Customer'' or (``C'') applies to any transaction
that is identified by a Participant for clearing in the Customer
range at The Options Clearing Corporation (``OCC'') which is not for
the account of broker or dealer or for the account of a
``Professional'' (as that term is defined in Options 1, Section
1(a)(47)). See Options 7, Section 1(a).
    \4\ The term ``Professional'' or (``P'') means any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s) pursuant
to Options 1, Section 1(a)(47). All Professional orders shall be
appropriately marked by Participants. See Options 7, Section 1(a).

                             Monthly Volume
------------------------------------------------------------------------

------------------------------------------------------------------------
Tier 1.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols of up to 0.10% of total
                              industry customer equity and ETF option
                              average daily volume (``ADV'') contracts
                              per day in a month.
Tier 2.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.10% to 0.20% of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month.
Tier 3.....................  Participant: (a) adds Customer,
                              Professional, Firm, Non-NOM Market Maker
                              and/or Broker-Dealer liquidity in Penny
                              Symbols and/or Non-Penny Symbols above
                              0.20% to 0.30% of total industry customer
                              equity and ETF option ADV contracts per
                              day in a month; or (b) adds Customer and/
                              or Professional liquidity in Penny Symbols
                              and/or Non-Penny Symbols of 0.05% to less
                              than 0.10% of total industry customer
                              equity and ETF option ADV contracts per
                              day in a month and qualifies for MARS.
Tier 4.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.30% to 0.40% of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month.
Tier 5.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.40% to 0.80% of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month.

Tier 6.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.70% or more of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month,
                              or Participant: (1) adds Customer and/or
                              Professional liquidity in Penny Symbols
                              and/or Non-Penny Symbols of 0.10% or more
                              of total industry customer equity and ETF
                              option ADV contracts per day in a month,
                              and (2) has added liquidity in all
                              securities through one or more of its
                              Nasdaq Market Center MPIDs that represent
                              1.00% or more of Consolidated Volume in a
                              month or qualifies for MARS (defined
                              below).
------------------------------------------------------------------------

    The Exchange proposes to amend the current Customer and
Professional Rebates to Add Liquidity in Penny Symbols to amend Tiers
2-5 to remove the range of total industry customer equity and ETF
option ADV contracts that must be met and, instead, simply note what
percentage of total industry customer equity and ETF option ADV
contracts a Participant needs to exceed. The Exchange is not amending
the qualifications for any of the Customer and Professional Rebates to
Add Liquidity in Penny Symbols tiers, rather the Exchange proposes to
streamline the qualifications as the Customer and Professional Rebate
to Add Liquidity in Penny Symbols are paid per the highest tier
achieved.
    For example, Customer and Professional Rebate to Add Liquidity in
Penny Symbols Tier 2 provides that a ``Participant adds Customer,
Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity
in Penny Symbols and/or Non-Penny Symbols above 0.10% to 0.20% of total
industry customer equity and ETF option ADV contracts per day in a
month.'' The Exchange would amend Customer and Professional Rebate to
Add Liquidity in Penny Symbols Tier 2 to instead provide, ``Participant
adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Symbols and/or Non-Penny Symbols above 0.10%
of total industry customer equity and ETF option ADV contracts per day
in a month.'' This amendment does not change the criteria, rather it
simply provides a floor that must be exceeded.\5\ The Exchange believes
that this change will make the tier qualifications easier to understand
and review. Similar changes would be made to Customer and Professional
Rebate to Add Liquidity in Penny Symbols Tiers 3-5.
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    \5\ Currently, Participants that add Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.20% to 0.30% of total
industry customer equity and ETF option ADV contracts per day in a
month qualify for a Tier 3 Customer and Professional Rebate to Add
Liquidity in Penny Symbols rebate and would be paid the higher
rebate.
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    Customer and Professional Rebate to Add Liquidity in Penny Symbols
Tier 3 currently states, ``Participant: (a) adds Customer,
Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity
in Penny Symbols and/or Non-Penny Symbols above 0.20% to 0.30% of total
industry customer equity and ETF option ADV contracts per day in a
month; or (b) adds Customer and/or Professional liquidity in Penny
Symbols and/or Non-Penny Symbols of 0.05% to less than 0.10% of total
industry customer equity and ETF option ADV contracts per day in a
month and qualifies for MARS.'' With the proposed change, Customer and
Professional Rebate to Add Liquidity in Penny Symbols Tier 3 instead
would provide, ``Participant: (a) adds Customer, Professional, Firm,
Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Symbols
and/or Non-Penny Symbols above 0.20% of total industry customer equity
and ETF option ADV contracts per day in a month; or (b) adds Customer
and/or Professional liquidity in Penny Symbols and/or Non-Penny Symbols
above 0.05% of total industry customer equity and ETF option ADV
contracts per day in a month and qualifies for MARS.'' \6\
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    \6\ Currently, Participants that add Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.30% to 0.40% of total
industry customer equity and ETF option ADV contracts per day in a
month qualify for a Tier 4 Customer and Professional Rebate to Add
Liquidity in Penny Symbols rebate and would be paid the higher
rebate. Also, currently, Participants that add Customer and/or
Professional liquidity in Penny Symbols and/or Non-Penny Symbols of
0.10% or more of total industry customer equity and ETF option ADV
contracts per day in a month qualify for a Tier 6 Customer and
Professional Rebate to Add Liquidity in Penny Symbols rebate and
would be paid the higher rebate provided in this case the
Participant also added liquidity in all securities through one or
more of its Nasdaq Market Center MPIDs that represent 1.00% or more
of Consolidated Volume in a month or qualifies for MARS.
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    Customer and Professional Rebate to Add Liquidity in Penny Symbols
Tier 4 currently states, ``Participant adds Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.30% to 0.40% of total industry
customer equity and ETF option ADV contracts per day in a month.'' With
the proposed change, Customer and Professional Rebate to Add Liquidity
in Penny Symbols Tier 4 instead would provide, ``Participant adds
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Symbols and/or Non-Penny Symbols above 0.30% of
total industry customer equity and ETF option ADV contracts per day in
a month.'' \7\
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    \7\ Currently, Participants that add Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.40% to 0.80% of total
industry customer equity and ETF option ADV contracts per day in a
month qualify for a Tier 5 Customer and Professional Rebate to Add
Liquidity in Penny Symbols rebate and would be paid the higher
rebate.
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    Customer and Professional Rebate to Add Liquidity in Penny Symbols
Tier 5 currently states, ``Participant adds Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.40% to 0.80% of total industry
customer equity and ETF option ADV contracts per day in a month.'' With
the proposed change, Customer and Professional Rebate to Add Liquidity
in Penny Symbols Tier 5 instead would provide, ``Participant adds
Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer
liquidity in Penny Symbols and/or Non-Penny Symbols above 0.40% of
total industry customer equity and ETF option ADV contracts per day in
a month.'' \8\
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    \8\ Currently, Participants that add Customer, Professional,
Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.70% or more of total
industry customer equity and ETF option ADV contracts per day in a
month qualify for a Tier 6 Customer and Professional Rebate to Add
Liquidity in Penny Symbols rebate and would be paid the higher
rebate.
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    The Exchange proposes similar changes to the NOM Market Maker \9\
Rebate to Add Liquidity in Penny Symbol tiers. There are currently 6
NOM Market Maker Rebate to Add Liquidity in Penny Symbol tiers. The NOM
Market Maker Rebates to Add Liquidity in Penny Symbols are paid per

the highest tier achieved.\10\ The Exchange proposes to amend Tiers 2
and 3 in a similar fashion to reflect only the floor where a range is
provided.
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    \9\ The term ``NOM Market Maker'' or (``M'') is a Participant
that has registered as a Market Maker on NOM pursuant to Options 2,
Section 1, and must also remain in good standing pursuant to Options
2, Section 9. In order to receive NOM Market Maker pricing in all
securities, the Participant must be registered as a NOM Market Maker
in at least one security. See Options 7, Section 1(a).
    \10\ The Exchange also proposes to make plural the word
``Rebates'' within note 3 of Options 7, Section 2(1).
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    NOM Market Maker Rebate to Add Liquidity in Penny Symbols Tier 2
currently states, ``Participant adds NOM Market Maker liquidity in
Penny Symbols and/or Non-Penny Symbols above 0.10% to 0.20% of total
industry customer equity and ETF option ADV contracts per day in a
month.'' With the proposed change, Market Maker Rebate to Add Liquidity
in Penny Symbols Tier 2 instead would provide, ``Participant adds NOM
Market Maker liquidity in Penny Symbols and/or Non-Penny Symbols above
0.10% of total industry customer equity and ETF option ADV contracts
per day in a month.'' \11\
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    \11\ Currently, Participants that add NOM Market Maker liquidity
in Penny Symbols and/or Non-Penny Symbols above 0.20% to 0.60% of
total industry customer equity and ETF option ADV contracts per day
in a month qualify for a Tier 3 NOM Market Maker rebate and would be
paid the higher rebate.

    NOM Market Maker Rebate to Add Liquidity in Penny Symbols Tier 3
currently states,
    Participant: (a) adds NOM Market Maker liquidity in Penny
Symbols and/or Non-Penny Symbols above 0.20% to 0.60% of total
industry customer equity and ETF option ADV contracts per day in a
month; or (b)(1) adds NOM Market Maker liquidity in Penny Symbols
and/or Non-Penny Symbols above 0.07% to 0.20% of total industry
customer equity and ETF option ADV contracts per day in a month, (2)
transacts in all securities through one or more of its Nasdaq Market
Center MPIDs that represent (i) 0.70% or more of Consolidated Volume
(``CV'') which adds liquidity in the same month on The Nasdaq Stock
Market or (ii) 70 million shares or more ADV which adds liquidity in
the same month on The Nasdaq Stock Market, (3) transacts in Tape B
securities through one or more of its Nasdaq Market Center MPIDs
that represent 0.10% or more of CV which adds liquidity in the same
month on The Nasdaq Stock Market, and (4) executes greater than
0.01% of CV via Market-on- Close/Limit-on-Close (``MOC/LOC'') volume
within The Nasdaq Stock Market Closing Cross in the same month

    With the proposed change, the introductory part of NOM Market Maker
Rebate to Add Liquidity in Penny Symbols Tier 3 instead would provide,
``Participant: (a) adds NOM Market Maker liquidity in Penny Symbols
and/or Non-Penny Symbols above 0.20% of total industry customer equity
and ETF option ADV contracts per day in a month; or (b)(1) adds NOM
Market Maker liquidity in Penny Symbols and/or Non-Penny Symbols above
0.07% of total industry customer equity and ETF option ADV contracts
per day in a month . . .''.\12\
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    \12\ Currently, Participants that Participants that add NOM
Market Maker liquidity in Penny Symbols and/or Non-Penny Symbols of
above 0.60% of total industry customer equity and ETF option ADV
contracts per day in a month qualify for a Tier 4 NOM Market Maker
rebate and would be paid the higher rebate. Participants would
qualify for a Tier 3 NOM Market Maker rebate if they added NOM
Market Maker liquidity in Penny Symbols and/or Non-Penny Symbols
above 0.20% to 0.60% of total industry customer equity and ETF
option ADV contracts per day in a month.
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendments will further
clarify the qualifications for the NOM Market Maker Rebate to Add
Liquidity in Penny Symbols.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The proposed changes to NOM Options 7, Section 2(1) are not
substantive amendments to the current pricing structure for NOM, rather
these changes streamline the qualifications for the Customer and
Professional Rebate to Add Liquidity in Penny Symbols as well as the
NOM Market Maker Rebate to Add Liquidity in Penny Symbols which are
paid per the highest tier achieved. These amendments do not change the
criteria, rather they simply provide a floor that must be exceeded to
obtain the rebates. The Exchange believes that these amendments will
make the tier qualifications easier to understand.
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    \13\ 15 U.S.C. 78f(b)
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.
    The proposed changes to NOM Options 7, Section 2(1) are not
substantive amendments to the current pricing structure for NOM, rather
these changes streamline the qualifications for the Customer and
Professional Rebate to Add Liquidity in Penny Symbols as well as the
NOM Market Maker Rebate to Add Liquidity in Penny Symbols which are
paid per the highest tier achieved. These amendments do not change the
criteria, rather they simply provide a floor that must be exceeded to
obtain the rebates. The Exchange believes that these amendments will
make the tier qualifications easier to understand.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and
subparagraph (f)(6) of Rule 19b-4 \16\ thereunder.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. Rule 19b-4(f)(6)(iii), however, permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the operative delay so that the
proposed rule change may become operative immediately upon filing. The
Exchange states that this proposed rule change could immediately
benefit market participants by making more clear the qualifications for
achieving rebates on NOM by removing superfluous rule text. The
Commission thus believes that waiver of the operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby waives the operative delay and
designates the proposal operative upon filing.\18\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if

it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2022-078 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2022-078. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-NASDAQ-2022-078 and
should be submitted on or before January 19, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-28297 Filed 12-28-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Proposed Rules]
[Page 64970]
[DOCID:fr19no07-21]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-1013; FRL-8496-8]

Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Antelope Valley
Air Quality Management District portion of the California State
Implementation Plan (SIP). These revisions concern rule rescissions
that address particulate matter (PM) emissions from Storage, Handling &
Transport of Petroleum Coke and from Paved and Unpaved Roads, and
Livestock Operations. We are proposing to approve rule rescissions to
update the California SIP under the Clean Air Act as amended in 1990
(CAA or the Act).

DATES: Any comments on this proposal must arrive by December 19, 2007.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-1013, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses rule rescissions for
the following local rules: AVAQMD Rule 1158, Storage, Handling, and
Transport of Petroleum Coke and Rule 1186, PM-10 Emissions from Paved
and Unpaved Roads, and Livestock Operations. In the Rules and
Regulations section of this Federal Register, we are approving these
local rule rescissions in a direct final action without prior proposal
because we believe these SIP revisions are not controversial. If we
receive adverse comments, however, we will publish a timely withdrawal
of the direct final rule and address the comments in subsequent action
based on this proposed rule.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: November 2, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7-22449 Filed 11-16-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78169-78171]
[FR Doc No: 2022-27650]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96503; File No. SR-ICEEU-2022-026]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to the Finance Procedures

December 15, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 6, 2022, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II, and III below, which Items have been prepared primarily by
ICE Clear Europe. ICE Clear Europe filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)
thereunder,\4\ such that the proposed rule change was immediately
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to amend its Finance Procedures in order to align the
timing at which monthly interest payments and monthly transaction fees
are processed.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe included
statements concerning the purpose of and basis for the proposed rule
change and discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
ICE Clear Europe has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend its Finance Procedures to
align the timing for payment of the return on cash margin and Guaranty
Fund deposits of Clearing Members with that for payment of monthly
transaction fees. Under existing Finance Procedures paragraph
6.1(i)(vi), transaction fees are payable through the overnight payment
call or return by the fifth Business Day after the end of each month.
ICE Clear Europe is proposing to amend Finance Procedures paragraph
6.1(i)(iv) to provide that interest on margin and Guaranty Fund
contributions will be credited by the fifth Business Day after the end
of each month, rather than the fourth Business Day after the end of
each month. ICE Clear Europe proposes to implement the change on or
about December 14, 2022.
    ICE Clear Europe believes that processing interest and transaction
fees on the same day as part of the same net overnight payment
calculation will reduce the number and size of overall cash flows and
thus improve overall payment efficiency. The change will also reduce
unnecessary potential liquidity demands on the Clearing House and
Clearing Members to the extent of offsetting interest and transaction
fees and reduce the risk to the Clearing House of a failure or default
in payment of transaction fees by a Clearing Member after payment by
the Clearing House of interest. ICE Clear Europe believes that the
benefits of improving payment efficiency in this manner will be more
significant in the current rising interest rate environment, as
increases in ICE Clear Europe's ICE Deposit Rate have resulted in an
increase in monthly interest payments due from ICE Clear Europe to
Clearing Members.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the
Finance Procedures are consistent with the requirements of Section 17A
\5\ of the Act and the regulations thereunder applicable to it. In
particular, Section 17A(b)(3)(D) of the Act \6\ requires that ``[t]he
rules of the clearing agency provide for the equitable allocation of
reasonable dues, fees and other charges among its participants.'' ICE
Clear Europe believes that the proposal is a reasonable and appropriate
change to the timing of payment of return on cash margin and Guaranty
Fund contributions, in order to enhance overall settlement efficiency.
This is particularly so, in ICE Clear Europe's view, in light of the
current interest rate environment which has led to increases in the ICE
Deposit Rate. The amendment also reduces liquidity demands and reduces
the risk of a payment failure or default with respect to the payment of
transaction fees. As such, in ICE Clear Europe's view, the amendments
are consistent with the equitable allocation of reasonable dues, fees
and other charges among its Clearing Members and other market
participants, within the meaning of Section 17A(b)(3)(D) of the Act.\7\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(D).
    \7\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    The proposed amendments are also consistent with the requirements
of Section 17A(b)(3)(F) of the Act which requires, among other things,
that ``[t]he rules of a clearing agency [. . .] are not designed to
permit unfair discrimination in the admission of participants or among
participants in the use of the clearing agency.'' \8\ As noted above,
the Finance Procedures, as proposed to be amended, would apply to all
Clearing Members and the amendments would not otherwise the rights or
obligations of the Clearing House or Clearing Members with respect to
the payment of transaction fees or the payment of interest on cash
margin and Guaranty Fund contributions. Section 17A(b)(3)(F) also
requires that the ``[t]he rules of a clearing agency [. . .] are
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, to the extent applicable, derivative
agreements, contracts and transactions, to assure the safeguarding of
securities or funds which are in the custody or control of the clearing
agency or for which it is responsible . . . and, in general, to protect
investors and the public interest.'' \9\ As set forth above, ICE Clear
Europe believes the amendments will enhance payment efficiency and
reduce payment risks. As such, the amendments, in ICE Clear Europe's
view, would be consistent with prompt and accurate clearance and
settlement, would not adversely affect the safeguarding of securities
and funds which are in the custody or control of ICE Clear Europe or
for which it is responsible, and generally would be consistent with the
public interest in the sound operation of the Clearing House. As a
result, the amendments are consistent with the requirements of Section
17A(b)(3)(F) of the Act.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(F).
    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
amendments to the Finance Procedures are intended to reduce the number
of cash flows, improve payment efficiency and to reduce the (low) risk
of payment failure with respect to transaction fees, by changing the
interest payment date to be consistent to that of the transaction fee
payment date. The amendments would not otherwise change the rights or
obligations of market participants. ICE Clear Europe does not believe
the amendments would adversely affect competition among Clearing
Members, materially affect the cost of clearing, adversely affect
access to clearing in the new contracts for Clearing Members or their
customers, or otherwise adversely affect competition in clearing
services. Accordingly, ICE Clear Europe does not believe that the
amendments would impose any impact or burden on competition that is not
appropriate in furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if

it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2022-026 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-ICEEU-2022-026. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/clear-europe/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2022-026 and should be
submitted on or before January 11, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27650 Filed 12-20-22; 8:45 am]
BILLING CODE 8011-01-P


   FW: DOT concurrence for Transportation Conformity Restructuring    Camille.Mittelholtz    to:  Meg Patulski, Leila Cook                                                             02/24/2012 05:45 PM

  Cc:  Cecilia.Ho, Helen.Serassio, adam.stephenson, Linda.Lawson

 From: <EMAIL_ADDRESS>

 To: Meg Patulski/AA/USEPA/US@EPA, Leila Cook/AA/USEPA/US@EPA

 Cc: <EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>

restructure final concur_7_18_11.pdf

Attached is a copy of the DOT concurrence in the Transportation Conformity Restructuring rule, signed in July 2011. We have reviewed the rule and preamble that includes announcement that  EPA is not taking final action at this time on the proposal that areas analyze a near-term analysis year when using the budget test.  The prior DOT concurrence remains valid for this update.

Camille Mittelholtz Deputy Director, Office of Safety, Energy and Environment Office of the Secretary of Transportation/Office of Transportation Policy 202 366-4861


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57634-57635]
[FR Doc No: 2011-23700]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0517; Airspace Docket No. 11-AWP-7]

Establishment of Class E Airspace; Chinle, AZ

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Chinle Municipal
Airport, Chinle, AZ, to accommodate aircraft using a new Area
Navigation (RNAV) Global Positioning System (GPS) standard instrument
approach procedures at Chinle Municipal Airport. This improves the
safety and management of Instrument Flight Rules (IFR) operations at
the airport.

DATES: Effective date, 0901 UTC, December 15, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation

Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On July 13, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to establish controlled airspace at
Chinle, AZ (76 FR 41147). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface, at Chinle Municipal Airport, to accommodate IFR
aircraft executing new RNAV (GPS) standard instrument approach
procedures at the airport. This action is necessary for the safety and
management of IFR operations.
    The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (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 this 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 discusses 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
regulation is within the scope of that authority as it establishes
controlled airspace at Chinle Municipal Airport, Chinle, AZ.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 14 CFR 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 the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AWP AZ E5 Chinle, AZ [New]

Chinle Municipal Airport, AZ
    (Lat. 36[deg]06'34'' N., long. 109[deg]34'32'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.2-mile radius of Chinle Municipal Airport; that airspace
extending upward from 1,200 feet above the surface within an area
bounded by lat. 36[deg]34'00'' N., long. 110[deg]00'00'' W.; to lat.
36[deg]38'00'' N., long. 109[deg]35'00'' W.; to lat. 36[deg]16'00''
N., long. 109[deg]02'00'' W.; to lat. 36[deg]04'00'' N., long.
109[deg]25'00'' W.; to lat. 35[deg]38'00'' N., long. 110[deg]01'00''
W.; to lat. 36[deg]19'00'' N., long. 110[deg]21'00'' W., thence to
the point of beginning.

    Issued in Seattle, Washington, on September 7, 2011.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011-23700 Filed 9-15-11; 8:45 am]
BILLING CODE 4910-13-P


June 9, 2011
Average utilization of the nation's natural gas combined-cycle power plant fleet is rising

Average capacity factors for the Nation's fleet of natural gas combined-cycle power plants have increased steadily since 2005. Increased use of these plants means that facilities that previously served peaking or more often intermediate load needs now contribute more significantly to baseload electricity needs.
The chart shows that the average utilization of natural gas combined-cycle power plants has increased across hours of the day. Between 2005 (purple line) and 2010 (red line) average capacity factors for natural gas plant operations between 10 p.m. and 6 a.m. rose from 26% to 32%. For peak hours -- from 6:00 a.m. to 10:00 p.m. -- capacity factors averaged about 50% (the red line) on a national basis in 2010 compared to about 40% in 2005.
Both increasing domestic supply of natural gas and lower natural gas prices, together with the high efficiency of combined-cycle power plants, have contributed to their increased use.


[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63381-63383]
[FR Doc No: 2013-24904]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0021]
RIN 1625-AA00

Safety Zones; Hawaiian Island Commercial Harbors, HI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing nine (9) permanent safety
zones encompassing Hawaii's commercial harbors (Nawiliwili and Port
Allen, Kauai; Barber's Point and Honolulu Harbor, Oahu; Kaunakakai,
Molokai; Kaumalapau, Lanai; Kahului, Maui and Kawaihae and Hilo on the
Island of Hawaii). The purpose of these safety zones is to expedite the
evacuation of the harbors in the event a tsunami warning is issued for
the main Hawaiian Islands.

DATES: This rule is effective on November 25, 2013. This rule will be
enforced when the Captain of the Port, Honolulu issues the order to
evacuate any or all of Hawaii's nine commercial harbors in response to
a tsunami warning. A written notice will be issued and a radio
broadcast will be made when the Captain of the Port issues the
evacuation order. This final rule will be enforced until the Captain of
the Port lifts the evacuation order.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0021. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Scott O. Whaley, Waterways
Management Division, U.S. Coast Guard Sector Honolulu; telephone (808)
522-8264 (ext. 3352), email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    The Coast Guard met with industry partners, commercial mariners,
and recreational boaters during the creation of this rule. The Coast
Guard then published a Notice of proposed rulemaking on May 17, 2013.
No public meeting was requested and none was held. The Coast Guard
received a total of one (1) comment during the notice and comment
period which is addressed below.

B. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which
gives the Coast Guard, under a delegation from the Secretary of
Homeland Security, regulatory authority to enforce the Ports and
Waterways Safety Act. A safety zone is a water area, shore area, or
water and shore area, for safety or environmental purposes, access is
limited to authorized persons, vehicles, or vessels.
    The purpose for this rule is to evacuate and close Hawaii's
commercial harbors, collectively or individually, when a tsunami
warning has been issued, in order to minimize the amount of vessel and
port damage and a potential harbor blockage from a tsunami's
destructive forces.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received a total of one comment on the referenced
Notice of proposed rulemaking published May 17, 2013. What follows is a
review of, and the Coast Guard's response to, the issues and questions
that were presented by this commenter concerning the Notice of proposed
rulemaking.

    The commenter recommended defining the boundary of each safety
zone. In response to this comment, latitude/longitudes have been
included for each individual safety zone as detailed in the
``Location'' section of this rule.

D. Discussion of Final Rule

    This rule will create safety zones encompassing each of Hawaii's
commercial harbors. In the event a tsunami warning is issued, the Coast
Guard will enforce these safety zones, closing those harbors within the
anticipated impact area of the tsunami. When the safety zones are
activated for enforcement, no vessels will be permitted to enter the
closed harbors. Enforcement of these safety zones will also trigger an
immediate evacuation of commercial vessels from the closed harbors.
Once the threat has passed and harbors have been assessed as safe for
reentry and commercial navigation, the safety zones will be deactivated
allowing vessels to transit the harbors in accordance with already
established regulations.

E. Regulatory Analyses

    We developed this 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 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. These safety zones will
only be activated for enforcement in the event the state of Hawaii is
issued a tsunami warning for the safety of lives and property.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities. These safety zones would be
activated, and thus subject to enforcement only when a tsunami warning
is issued for the Main Hawaiian Islands. Once the threat has passed and
harbors have been assessed as safe for reentry, the safety zones will
be deactivated allowing vessels to transit the harbors in accordance
with already established regulations.
    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 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

14. Environment

    We have analyzed this 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 determined
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 rule will evacuate commercial harbors which
anticipate tsunami impact.
    This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 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 amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701; 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
2. Add Sec.  165. 14-1414 to read as follows:

Sec.  165.  14-1414 Safety Zones; Hawaiian Islands Commercial Harbors;
HI.

    (a) Location. The following commercial harbors are safety zones:
    (1) All waters of Nawiliwili Harbor, Kauai inland from a line drawn
between 21[deg] 56'58'' N, 159[deg] 21'28'' W and 21[deg] 57'11'' N,
159[deg] 21'10'' W;
    (2) All waters of Port Allen, Kauai immediately adjacent to the
Department of Transportation commercial pier (located at 21[deg]
53'59'' N, 157[deg] 35'21'' W) extending out to 100 yards from the
piers faces;
    (3) All waters of Barber's Point Harbor, Oahu inland from a line
drawn between 21[deg] 19'30'' N, 158[deg] 07'14'' W and 21[deg] 19'18''
N, 158[deg] 07'18'' W;
    (4) All waters of Honolulu Harbor, Oahu inland from a line drawn
between 21[deg] 17'56'' N, 157[deg] 52'15'' W and 21[deg] 17'45'' N,
157[deg] 52'10'' W;
    (5) All waters of Kaunakakai Harbor, immediately adjacent to the
Interisland Cargo Terminal or Ferry Terminal Pier out to 100 yards of
the west face of the pier;
    (6) All waters of Kaumalapau Harbor, Lanai inland from a line drawn
between 20[deg] 47'10'' N, 156[deg] 59'32'' W and 21[deg] 47'01'' N,
156[deg] 59'31'' W;
    (7) All waters of Kahului Harbor, Maui inland from a line drawn
between 20[deg] 54'01'' N, 156[deg] 28'26'' W and 20[deg] 54'02'' N,
156[deg] 28'18'' W;
    (8) All waters of Kawaihae Harbor, Hawaii immediately adjacent to
commercial piers 1 and 2 extending out to 100 yards from the piers
faces.
    (9) All waters of Hilo Harbor, Hawaii immediately adjacent to
commercial piers 1 and 2 extending out to 100 yards from the piers
faces.
    (10) The activation of these safety zones may include any
combination of these harbors, or all of these harbors, dependent upon
details in the tsunami warning. These safety zones extend from the
surface of the water to the ocean floor.
    (b) Regulations. When the safety zones are activated and,
therefore, subject to enforcement, no person or vessel may enter or
remain in the safety zone except for support vessels, support
personnel, and other vessels authorized by the Captain of the Port,
Sector Honolulu (COTP), or a designated representative of the COTP. All
commercial vessels must evacuate the harbor and transit seaward beyond
the 50 fathom (300 foot) curve. These commercial harbors will remain
closed to all transiting vessels until the Captain of the Port Honolulu
lifts the evacuation order. All other applicable regulations in 33 CFR
165 remain in effect and subject to enforcement. You may contact the
Coast Guard on VHF Channel 16 (156.800 MHz) or at telephone number 808-
842-2600 to obtain clarification on safety zone transits and locations.
Coast Guard patrol boats will be enforcing the safety zones and
providing on-scene direction. Any vessel not capable of evacuating must
contact the Coast Guard Sector Command Center at<PHONE_NUMBER> to
request a waiver from evacuating the harbor.
    (c) Enforcement period. Paragraph (b) of this section will be
enforced when a tsunami warning has been issued for the Hawaiian
Islands. The COTP will notify the public of any enforcement through the
following means to ensure the widest publicity: Broadcast notice to
mariners, notices of enforcement, press releases and the Coast Guard's
Homeport Web site. Following the passage of the tsunami or tsunami
threat and harbor assessments as required, de-activation of these
safety zones will be conducted through radio broadcast by the U.S.
Coast Guard.
    (d) Penalties. Vessels or persons violating this rule would be
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: September 16, 2013.
S.N. Gilreath,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2013-24904 Filed 10-23-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices]
[Page 54980-54981]
[DOCID:fr26oc09-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-2-000]

Southern Star Central Gas Pipeline, Inc.; Notice of Application

October 19, 2009.
    Take notice that on October 9, 2009, Southern Star Central Gas
Pipeline, Inc. (Southern Star), 4700 Highway 56, Owensboro, Kentucky
42301, filed in Docket No. CP10-2-000, an application pursuant to
section 7(c) of the Natural Gas Act (NGA) and Part 157 of the
Commission's regulations, requesting authorization to (1) install and
operate a natural gas compressor in Montgomery County, Kansas, in order
to increase the working gas capacity and maximum daily withdrawal rate
of the Elk City Storage Field and (2) amend the current operational
plan and other operational changes for the storage field, all as more
fully set forth in the application which

is on file with the Commission and open to public inspection.
Additionally, Southern Star requests a determination that the project
qualifies for market based rates pursuant to section 4(f) of the NGA.
This filing may also be viewed on the Commission's Web site at http://
www.ferc.gov using the ``eLibrary'' link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, call<PHONE_NUMBER> or TTY, (202) 502-
8659.
    Any questions regarding this application should be directed to
David N. Roberts, Manager, Regulatory Affairs, Southern Star Central
Gas Pipeline, Inc., 4700 Highway 56, Owensboro, Kentucky 42301, or by
calling<PHONE_NUMBER> (telephone) or<PHONE_NUMBER> (fax).
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC., 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: November 9, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-25622 Filed 10-23-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53472-53473]
[FR Doc No: 2018-23126]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2018-0274; FRL-9985-64-ORD]

Webinar Workshop To Review Initial Draft Materials for the Ozone
Integrated Science Assessment (ISA) for Health and Welfare Effects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of workshop.

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SUMMARY: As part of the review of the air quality criteria and the
primary (health-based) and secondary (welfare-based) National Ambient
Air Quality Standards (NAAQS) for ozone, Environmental Protection
Agency (EPA) is announcing a webinar workshop to

evaluate initial draft materials for the Integrated Science Assessment
(ISA) for ozone, which is being organized by EPA's National Center for
Environmental Assessment (NCEA) within the Office of Research and
Development. The workshop will be held over four days: October 29th,
31st, November 1st, and 5th, 2018. The workshop will be open to webinar
attendance by interested public observers on a first-come, first-served
basis.

DATES: The workshop will be held on Monday, October 29, 2018;
Wednesday, October 31, 2018; Thursday, November 1, 2018; and Monday,
November 5, 2018.

ADDRESSES: The workshop will be held by teleconference and webinar. The
call-in number and website information for the webinar are available to
registered participants. Please register by going to https://epa-naaqs-isa-ozone.eventbrite.com.

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding
workshop registration or logistics to Ms. Canden Byrd at
[email protected] or by phone at<PHONE_NUMBER>. Questions
regarding the scientific and technical aspects of the workshop should
be directed to Ms. Rebecca Daniels; telephone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Summary of Information About the Workshop

    Section 109(d)(1) of the Clean Air Act (CAA) requires the U.S.
Environmental Protection Agency (EPA) to periodically review, and if
appropriate, revise, the air quality criteria for each air pollutant
listed under section 108 of the Act. Under the same provision, EPA is
also to periodically review, and if appropriate, revise the NAAQS,
based on the revised air quality criteria. As part of these reviews,
NCEA assesses newly available scientific information and develops ISA
documents that provide the scientific basis for the reviews of the
NAAQS.
    NCEA is holding this webinar workshop to inform EPA's evaluation of
the scientific evidence for the review of the primary and secondary
NAAQS for ozone. Section 109(b)(1) of the CAA defines primary NAAQS as
standards ``the attainment and maintenance of which in the judgment of
the Administrator, based on such [air quality] criteria and allowing an
adequate margin of safety, are requisite to protect the public
health.'' Under section 109(b)(2) of the CAA a secondary standard must
``specify a level of air quality the attainment and maintenance of
which in the judgment of the Administrator, based on such criteria, is
requisite to protect the public welfare from any known or anticipated
adverse effects associated with the presence of [the] pollutant in the
ambient air.''
    The purpose of the webinar workshop is to obtain review and discuss
the scientific content of initial draft written materials prepared for
the draft ozone ISA for health and welfare effects to help ensure that
the ISA is up-to-date and focuses on the key evidence to inform the
scientific understanding for the review of the primary and secondary
NAAQS for ozone. Workshop sessions will include review and discussion
of preliminary draft written materials on the atmospheric chemistry and
background sources of ozone, welfare effects of ozone, human exposure
to ozone and animal toxicological studies, and the health effects
evidence from human clinical and epidemiological studies.
    In addition, roundtable discussions will help identify key studies
or concepts within each discipline to assist EPA in integrating
relevant literature within and across disciplines. These preliminary
materials are not being released to the public as external review
drafts, but they will be used to guide workshop discussions. EPA is
planning to release an external review draft ISA for health and welfare
effects of ozone for review by the Clean Air Scientific Advisory
Committee (CASAC) and the public in 2019.

II. Workshop Information

    Members of the public may attend the webinar as observers. Space in
the webinar may be limited, and reservations will be accepted on a
first-come, first-served basis. Registration for the workshop is
available online at https://epa-naaqs-isa-ozone.eventbrite.com.

    Dated: October 12, 2018.
 James Avery,
Acting Deputy Director, National Center for Environmental Assessment.
[FR Doc. 2018-23126 Filed 10-22-18; 8:45 am]
 BILLING CODE 6560-50-P