[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Page 67472]
[FR Doc No: 2015-27880]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA 2015-0233]

Agency Information Collection Activities; Extension of a
Currently-Approved Information Collection: Annual Report of Class I and
Class II Motor Carriers of Property (OMB 2139-0004)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval. The FMCSA requests approval to extend an ICR
titled, ``Annual Report of Class I and Class II Motor Carriers of
Property (formerly OMB 2139-0004), whose new designation is 2126-0032.
This ICR is necessary to ensure that motor carriers comply with FMCSA's
financial and operating statistics requirements at chapter III of title
49 CFR part 369 entitled, ``Reports of Motor Carriers.'' On August 6,
2015, FMCSA published a Federal Register notice allowing for a 60-day
comment period on this ICR. The agency received no comments in response
to that notice.

DATES: Please send your comments to this notice by December 2, 2015.
OMB must receive your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2015-0233. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
<EMAIL_ADDRESS>faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Secrist, Office of
Registration and Safety Information, Department of Transportation,
Federal Motor Carrier Safety Administration, West Building 6th Floor,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Telephone: 202-
385-2367; email<EMAIL_ADDRESS>Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Annual Report of Class I and Class II Motor Carriers of
Property (formerly OMB Control Number 2139-0004).
    New OMB Control Number: 2126-0032.
    Type of Request: Extension of a currently-approved information
collection.
    Respondents: Class I and Class II Motor Carriers of Property and
Household Goods.
    Estimated Number of Respondents: 308.
    Estimated Time per Response: 9 hours.
    Expiration Date: January 31, 2016.
    Frequency of Response: Annually.
    Estimated Total Annual Burden: 2,772 hours [308 respondents x 9
hours to complete form = 2,772].
    Background: Section 14123 of title 49 of the United States Code
(U.S.C.) requires certain for-hire motor carriers of property and
household goods to file annual financial reports. The annual reporting
program was implemented on December 24, 1938 (3 FR 3158), and it was
subsequently transferred from the Interstate Commerce Commission (ICC)
to the Secretary of the U.S. Department of Transportation (DOT) on
January 1, 1996. The Secretary of DOT transferred the authority to
administer this program to DOT's Bureau of Transportation Statistics
(BTS) on December 17, 1996 (61 FR 68162). Annual financial reports are
filed on Form M (for-hire property carriers, including household goods
carriers) and Form MP-1 (for-hire passenger carriers). Responsibility
for collection of the reports was transferred from BTS to FMCSA on
August 17, 2004 (69 FR 51009), and the regulations were redesignated as
49 CFR part 369 on August 10, 2006 (71 FR 45740). FMCSA has continued
to collect carriers' annual reports and to furnish copies of the
reports requested under the Freedom of information Act. Motor carriers
(including interstate and intrastate) subject to the Federal Motor
Carrier Safety Regulations are classified on the basis of their gross
carrier operating revenues.\1\
---------------------------------------------------------------------------

    \1\ For purposes of the Financial and Operating Statistics
(F&OS) program, carriers are classified into the following three
groups: (1) Class I carriers are those having annual carrier
operating revenues (including interstate and intrastate) of $10
million or more after applying the revenue deflator formula as set
forth in Note A of 49 CFR 369.2; and (2) Class II carriers are those
having annual carrier operating revenues (including interstate and
intrastate) of at least $3 million, but less than $10 million after
applying the revenue deflator formula as set forth in 49 CFR 369.2.
---------------------------------------------------------------------------

    Under the Financial and Operating Statistics (F&OS) program, FMCSA
collects from Class I and Class II property carriers balance sheet and
income statement data along with information on safety needs, tonnage,
mileage, employees, transportation equipment, and other related data.
FMCSA may also ask carriers to respond to surveys concerning their
operations. The data and information collected would be made publicly
available and used by FMCSA to determine a motor carrier's compliance
with the F&OS program requirements prescribed at chapter III of title
of 49 CFR part 369.
    Public Comments Invited: FMCSA requests that you comment on any
aspect of this information collection, including: (1) Whether the
proposed collection is necessary for FMCSA to perform its functions,
(2) the accuracy of the estimated burden, (3) ways for the FMCSA to
enhance the quality, usefulness, and clarity of the collected
information, and (4) ways that the burden could be minimized without
reducing the quality of the collected information. The agency will
summarize or include your comments in the request for OMB's clearance
of this information collection.

    Issued under the authority delegated in 49 CFR 1.87 on: October
26, 2015.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2015-27880 Filed 10-30-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Notices]
[Page 68833]
[FR Doc No: 2013-27388]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-23-000.
    Applicants: CPV Shore, LLC.
    Description: Section 203 Application for Disposition of
Jurisdictional Facilities of CPV Shore, LLC.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5081.
    Comments Due: 5 p.m. ET 11/27/13.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-335-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits Notice of
Cancellation of Original Service Agreement No. 3147, Queue W4-103 to be
effective 9/30/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5082.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-336-000.
    Applicants: Sunwave USA Holdings, Inc.
    Description: Sunwave USA Holdings, Inc. submits Sunwave USA
Holdings, Inc. MBR Tariff Filing to be effective 12/1/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5095.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-337-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits 11-6-13--
RS114 SPS-CVEC Op Proc 1 to be effective 11/4/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5103.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-338-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits 11-6-13--
RS115 SPS-FEC Op Proc 1 to be effective 11/4/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5108.
    Comments Due: 5 p.m. ET 11/27/13.

    Docket Numbers: ER14-339-000.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company submits 11-6-13--
RS116 SPS-LCEC Op Proc 1 to be effective 11/4/2013.
    Filed Date: 11/6/13.
    Accession Number: 20131106-5111.
    Comments Due: 5 p.m. ET 11/27/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 6, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-27388 Filed 11-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Proposed Rules]
[Page 52893]
[FR Doc No: C1-2013-13233]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50, 51, 70 and 71

[EPA-HQ-OAR-2010-0885, FRL-9810-3]
RIN 2060-AR34

Implementation of the 2008 National Ambient Air Quality Standards
for Ozone: State Implementation Plan Requirements

Correction

    In proposed rule document 2013-13233 appearing on pages 34178
through 34239 in the issue of Thursday, June 6, 2013, make the
following correction.
    1. On page 34234, in the first column, on the twenty-fifth line
from the bottom, ``PART 50--NATIONAL PRIMARY AND SECONDARY AXVYGH9'' is
corrected to appear as set forth below:

PART 50--NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY
STANDARDS [CORRECTED]

[FR Doc. C1-2013-13233 Filed 8-26-13; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Page 59762]
[FR Doc No: 2015-25008]

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DEPARTMENT OF ENERGY

Combined Notice of Filings

Federal Energy Regulatory Commission

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP15-1272-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Compliance filing Annual Cash-Out Report Period Ending
July 31, 2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5047.
    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1273-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Section 4(d) Rate Filing: Volume No. 2--Niagara
Expansion Project to be effective 11/1/2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5134.
    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1274-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Section 4(d) Rate Filing: AFT-E Conversion Language to
be effective 10/16/2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5135.
    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1275-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Section 4(d) Rate Filing: Niagara Expansion Project-
Recourse Rate to be effective 11/1/2015.
    Filed Date: 9/16/15.
    Accession Number: 20150916-5136.
    Comments Due: 5 p.m. ET 9/28/15.

    Docket Numbers: RP15-1276-000.
    Applicants: Trans-Union Interstate Pipeline, L.P.
    Description: Section 4(d) Rate Filing: Compliance Filing to Modify
Tariff to be effective 10/16/2015.
    Filed Date: 9/17/15.
    Accession Number: 20150917-5001.
    Comments Due: 5 p.m. ET 9/29/15.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

 Filings in Existing Proceedings

    Docket Numbers: RP15-990-001.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Compliance filing Settlement--2015--Compliance Filing
to be effective 11/1/2015.
    Filed Date: 9/15/15.
    Accession Number: 20150915-5109.
    Comments Due: 5 p.m. ET 9/28/15.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-25008 Filed 10-1-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Rules and Regulations]
[Page 13124]
[DOCID:fr26mr09-21]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 73, 74, 77, and 78

[EPA-HQ-OAR-2008-0774; FRL-8786-8]
RIN 2060-AP35

Rulemaking To Reaffirm the Promulgation of Revisions of the Acid
Rain Program Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received an adverse comment, EPA is withdrawing
the direct final rule for ``Rulemaking to Reaffirm the Promulgation of
Revisions of the Acid Rain Program Rules,'' which was published in the
Federal Register on December 15, 2008.

DATES: Effective March 26, 2009, EPA withdraws the direct final rule
published at 73 FR 75954 on December 15, 2008.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Clean Air Markets
Division, U.S. Environmental Protection Agency, Clean Air Markets
Division, Mailcode: 6204J, Ariel Rios Building, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, telephone<PHONE_NUMBER>, e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Because EPA received an adverse comment, EPA
is withdrawing the direct final rule for ``Rulemaking to Reaffirm the
Promulgation of Revisions of the Acid Rain Program Rules,'' which was
published on December 15, 2008 (73 FR 75954).
    EPA stated in that direct final rule that if EPA received adverse
comment by January 29, 2009, the direct final rule would not take
effect and EPA would publish a timely withdrawal of the direct final
rule in the Federal Register. EPA subsequently received an adverse
comment on the direct final rule.
    Because EPA received an adverse comment, EPA is withdrawing the
direct final rule for ``Rulemaking to Reaffirm the Promulgation of
Revisions of the Acid Rain Program Rules.'' As stated in the parallel
proposed rule (73 FR 75983) published on the same day as the direct
final rule, EPA will not institute a second comment period in this
proceeding concerning the Acid Rain Program rule revisions addressed in
the direct final and parallel proposed rules. EPA will address the
adverse comment on the direct final rule in a subsequent final rule
based on the parallel proposed rule.
    The revisions of the Acid Rain Program rules whose promulgation EPA
proposed to reaffirm in the parallel proposed rule were described in
detail, along with EPA's reasons for such reaffirmation, in the interim
final rule (73 FR 75959) that was published on the same day as the
direct final and that reaffirmed--on an interim basis pending final
action in this proceeding--the promulgation of the Acid Rain Program
rule revisions. EPA notes that it is not withdrawing the interim final
rule.

List of Subjects in 40 CFR Parts 72, 73, 74, 77, and 78

    Environmental protection, Acid rain, Administrative practice and
procedure, Air pollution control, Electric utilities, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: March 19, 2009.
Elizabeth Craig,
Acting Assistant Administrator.

0
Accordingly, the direct final rule published in the Federal Register on
December 15, 2008 (73 FR 75954) is withdrawn as of March 26, 2009.

[FR Doc. E9-6764 Filed 3-25-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Pages 42806-42807]
[FR Doc No: 2017-19249]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the

communication, if written, or a summary of the substance of any oral
communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may 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, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
 Prohibited:
    1. CP15-558-000............       8-21-2017  New Jersey Utility
                                                  Association.
    2. CP16-10-000.............       8-22-2017  Felice Scher.
    3. CP15-554-000............       8-22-2017  Victor J. Marshall.
    4. CP16-10-000, CP15-554-         8-22-2017  Private Citizen.
     000.
    5. CP16-10-000.............       8-22-2017  Peter B. Howell.
    6. CP16-10-000.............       8-22-2017  Private Citizen.
    7. CP15-558-000............       8-23-2017  Utility and
                                                  Transportation
                                                  Contractors
                                                  Association of New
                                                  Jersey.
    8. CP15-554-000............       8-24-2017  Helen Reiter.
    9. CP15-554-000............       8-25-2017  W.S. Alexander.
    10. CP15-554-000, CP15-554-       8-28-2017  Kathy Labriola.
     001, CP15-555-000.
    11. CP15-558-000...........       8-28-2017  New Jersey State
                                                  Chamber of Commerce.
    12. CP15-558-000...........       8-28-2017  Greater Atlantic City
                                                  Chamber.
    13. CP16-10-000............       8-30-2017  Private Citizen.
    14. CP15-558-000...........       8-30-2017  International Union of
                                                  Operating Engineers.
    15. CP15-93-000............       8-30-2017  Interstate Natural Gas
                                                  Association of
                                                  America.
    16. CP15-558-000...........       8-30-2017  Chemistry Council of
                                                  New Jersey.
    17. CP15-558-000...........       8-31-2017  Carbon Chamber and
                                                  Economic Development
                                                  Corp.
 Exempt:
    1. CP14-96-000.............       8-24-2017  U.S. House
                                                  Representative James
                                                  R. Langevin.
    2. CP17-101-000............       8-28-2017  U.S. House
                                                  Representative Frank
                                                  Pallone, Jr.
------------------------------------------------------------------------

    Dated: September 6, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19249 Filed 9-11-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14576-14578]
[FR Doc No: 2012-5905]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66520; File No. SR-CBOE-2012-021]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Make an Amendment Regarding the Administrative
Fee Related to the Marketing Fee

March 6, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 1, 2012, the Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange has filed the proposal pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(3) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to make an amendment regarding the
administrative fee related to the marketing fee. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's
Office of the Secretary, 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    In SR-CBOE-2007-95, the Exchange imposed an administrative fee of
0.45% of the Exchange's marketing fee in order to offset the costs of
administering the marketing fee program and also to provide funds to an
association of members (now Trading Permit Holders) (the
``Association'') \5\ for its costs and expenses in supporting CBOE's
marketing fee program and in seeking to bring flow to CBOE.\6\ In that
filing, the Exchange stated that it intended to ``allocate each month
approximately 40% of the funds collected through the administrative fee
to CBOE to offset CBOE's overall costs in administering the (marketing
fee) program; the balance (approximately 60%) collected by this fee
would be allocated to the Association.'' \7\ The Exchange also noted
that it intended to monitor the funds raised by the administrative fee,
and may propose amendments to the fee as appropriate, so that the fee
provides funds to the Association to cover its costs and expenses.\8\
---------------------------------------------------------------------------

    \5\ The Association is technically known as the DPM (Designated
Primary Market-Maker) Association; however, its activities are not
limited to assisting only DPM organizations. Through its business
development activities, the Association seeks to bring order flow to
CBOE for the benefit of all CBOE liquidity providers.
    \6\ See Securities Exchange Act Release No. 56289 (August 20,
2007), 72 FR 49030 (August 27, 2007) (SR-CBOE-2007-95).
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    In recent months, the amounts collected for the marketing fee have
dropped, and as a result, the amount collected through the
administrative fee has dropped as well. As such, the amount of the
administrative fee allocated to the Association has also dropped, to a
level below which the Association requires to operate effectively. At
current collection levels for the administrative fee, the Association
requires greater than approximately 60% of the administrative fee in
order to continue to operate effectively. The Exchange therefore
proposes to revise its previous statement that the Exchange intends to
``allocate each month approximately 40% of the funds collected through
the administrative fee to CBOE to offset CBOE's overall costs in
administering the (marketing fee) program'' and allocate the remainder
(approximately 60%) to the Association. Instead, the Exchange hereby
proposes to allocate to the Association the amount of the funds
collected through the administrative fee that is necessary to
effectively operate the Association (which may, in a given month,
include all of the funds collected through the administrative fee), and
allocate the remainder of the funds collected through the
administrative fee to offset CBOE's overall costs in administering the
marketing fee program. The proposed possible re-allocations considered
in this proposal will of course not affect the Exchange's ability to
continue to fund its regulatory services or engage in its self-
regulatory responsibilities.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\9\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\10\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The proposed change is reasonable
because there is no change to the actual amount of the administrative
fee. The proposed change is equitable and not unfairly discriminatory
because ensuring that the Association has enough funds to operate
effectively will allow the Association to engage in business
development activities to bring order flow to the Exchange. Such order
flow provides greater liquidity and more trading opportunities for all
market participants.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and subparagraph (f)(3) of Rule 19b-4
\12\ thereunder because it is concerned solely with the administration
of the Exchange. 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)(iii).
    \12\ 17 C.F.R. 240.19b-4(f)(3).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2012-021 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-021. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public

Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2012-021 and should be submitted on or before April
2, 2012.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5905 Filed 3-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 18, 2006 (Volume 71, Number 11)]
[Notices]
[Page 2923-2924]
[DOCID:fr18ja06-36]

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

[OPPT-2005-0057; FRL-7749-2]

National Advisory Committee for Acute Exposure Guideline Levels
for Hazardous Substances; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: A meeting of the National Advisory Committee for Acute
Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee)
will be held on February 1-3, 2006, in Washington, DC. At this meeting,
the NAC/AEGL Committee will address, as time permits, the various
aspects of the acute toxicity and the development of Acute Exposure
Guideline Levels (AEGLs) for the following chemicals: Allyl
chloroformate; cyclohexyl isocyanate; diphosgene; ethyl chloroformate;
ethyl chlorothioformate; ethylene oxide; hexafluoropropylene; isobutyl
chloroformate; isopropyl chloroformate; methanol; methyl chloroformate;
n-butyl chloroformate; propyl chloroformate; sec-butyl chloroformate;
silane; sulfuryl chloride; tetrafluoroethylene; tetramethoxy silane;
trifluorochloroethylene; trimethoxy silane .

DATES: A meeting of the NAC/AEGL Committee will be held from 9 a.m. to
5 p.m., on February 1, 2006; 8:30 a.m. to 5:30 p.m., on February 2,
2006; and from 8 a.m. to noon, on February 3, 2006.

ADDRESSES: The meeting will be held at the U.S. Department of Labor
(Francis Perkins Building) 200 Constitution Ave., NW., Washington, DC
20210, Rooms C5515 IA and IB (Judiciary Square Metro stop).

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Paul S. Tobin, Designated
Federal Officer (DFO), Economics, Exposure, and Technology Division
(7406M), Office of Pollution Prevention and Toxics, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
e-mail address<EMAIL_ADDRESS>    For information on access or services for individuals with
disabilities, please contact Paul S. Tobin, Designated Federal Officer
(DFO) (please see contact information above), preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may
be of particular interest to anyone who may be affected if the AEGL
values are adopted by government agencies for emergency planning,
prevention, or response programs, such as EPA's Risk Management Program
under the Clean Air Act and Amendments Section 112r. It is possible
that other Federal agencies besides EPA, as well as State agencies and
private organizations, may adopt the AEGL values for their programs. As
such, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the DFO listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPPT-2005-0057. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the EPA Docket Center, Rm.
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The EPA Docket Center Reading
Room telephone number is<PHONE_NUMBER>, and the telephone number for
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, to access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.

II. Meeting Procedures

    For additional information on the scheduled meeting, the agenda of
the NAC/AEGL Committee, or the submission of information on chemicals
to be discussed at the meeting, contact the DFO listed under FOR
FURTHER INFORMATION CONTACT.
    The meeting of the NAC/AEGL Committee will be open to the public.
Oral presentations or statements by interested parties will be limited
to 10 minutes. Interested parties are encouraged to contact the DFO to
schedule presentations before the NAC/AEGL Committee. Since seating for
outside observers may be limited, those wishing to attend the meeting
as observers are also encouraged to contact the DFO at the earliest
possible date to ensure adequate seating arrangements. Inquiries
regarding oral presentations and the submission of written statements
or chemical-specific information should be directed to the DFO.

III. Future Meetings

    Another meeting of the NAC/AEGL Committee is scheduled for May or
June 2006 (exact meeting date, site and details will be provided in a
future notice.)

List of Subjects

    Environmental protection, Chemicals, Hazardous substances, Health.

    Dated: December 29, 2005.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.

[FR Doc. 06-377 Filed 1-17-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Notices]
[Pages 31369-31370]
[FR Doc No: 2015-13309]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1246-012; ER10-1982-013; ER10-1253-012; ER10-
1252-012.
    Applicants: Consolidated Edison Energy, Inc., Consolidated Edison
Company of New York, Inc., Orange and Rockland Utilities, Inc.,
Consolidated Edison Solutions, Inc.
    Description: Notice of Non-Material Change in Status of
Consolidated Edison, Inc., et al.
    Filed Date: 5/27/15.
    Accession Number: 20150527-5034.
    Comments Due: 5 p.m. ET 6/17/15.

    Docket Numbers: ER13-1927-001.
    Applicants: American Electric Power Service Corporation, PJM
Interconnection, L.L.C.
    Description: Compliance filing per 35: PJM Transmission Owners
submit compliance filing per 1/23/15 Order in ER13-1927 to be effective
1/1/2014.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5270.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER13-1930-004.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing per 35: Order No 1000 SERTP-PJM 2d
Interregional Compliance Filing to be effective 1/1/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5213.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER13-1940-005.
    Applicants: Ohio Valley Electric Corporation.
    Description: Compliance filing per 35: M-3 Compliance Filing to be
effective 5/27/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5227.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER13-1941-004.
    Applicants: Alabama Power Company.
    Description: Compliance filing per 35: Order No. 1000 Second
Interregional Compliance Filing--SERTP-PJM Seam to be effective 1/1/
2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5215.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER14-2721-002.
    Applicants: Peetz Logan Interconnect, LLC.
    Description: Compliance filing per 35: Peetz Logan Interconnect,
LLC Order No. 792 and 792-A Second Compliance Filing to be effective 8/
4/2014.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5266.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER14-2722-002.
    Applicants: Sagebrush, a California partnership.
    Description: Compliance filing per 35: Sagebrush, a California
partnership Order No. 792 and 792-A Second Compliance Fi to be
effective 8/4/2014.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5267.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER14-2723-002.
    Applicants: Sky River LLC.
    Description: Compliance filing per 35: Sky River LLC Order No. 792
and 792-A Second Compliance Filing to be effective 8/4/2014.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5268.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-977-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing per 35: 2015-05-27_SA 2737
Compliance ATC-WPSC PCA (James St.) to be effective N/A.

    Filed Date: 5/27/15.
    Accession Number: 20150527-5041.
    Comments Due: 5 p.m. ET 6/17/15.

    Docket Numbers: ER15-1778-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Service Agreement Nos. 4045 and 4138; Queue T94 to be effective 4/23/
2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5210.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1779-000.
    Applicants: Alabama Power Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): SCPSA
Interchange Contract Amendment Filing to be effective 4/23/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5230.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1780-000.
    Applicants: Georgia Power Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): SCPSA
Interchange Contract Amendment Filing to be effective 4/23/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5232.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1781-000.
    Applicants: Gulf Power Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): SCPSA
Interchange Contract Amendment Filing to be effective 4/23/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5236.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1782-000.
    Applicants: Mississippi Power Company.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): SCPSA
Interchange Contract Amendment Filing to be effective 4/23/2015.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5240.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1783-000.
    Applicants: California Independent System Operator Corporation.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii): 2015-
05-26 CPM Tariff Amendment to be effective 1/16/2016.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5272.
    Comments Due: 5 p.m. ET 6/16/15.

    Docket Numbers: ER15-1784-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Section 205(d) rate filing per 35.13(a)(2)(iii):
Original WMPA Service Agreement No. 4156; Queue Z2-102 to be effective
5/6/2015.
    Filed Date: 5/27/15.
    Accession Number: 20150527-5051.
    Comments Due: 5 p.m. ET 6/17/15.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES15-21-000.
    Applicants: Connecticut Light & Power Company, Western
Massachusetts Electric Company.
    Description: Clarification to April 28, 2015 Application of The
Connecticut Light and Power Company and Western Massachusetts Electric
Company to Issue Short-Term Debt Securities.
    Filed Date: 5/26/15.
    Accession Number: 20150526-5277.
    Comments Due: 5 p.m. ET 6/5/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 27, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-13309 Filed 6-1-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Proposed Rules]
[Pages 55542-55547]
[FR Doc No: 2017-25321]

=======================================================================
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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 328

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401

[EPA-HQ-OW-2017-0644; FRL-9970-57-OW]
RIN 2040-AF80

Definition of ``Waters of the United States''--Addition of an
Applicability Date to 2015 Clean Water Rule

AGENCY: Department of the Army, Corps of Engineers, Department of
Defense; and Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency and the Department of the
Army (``the agencies'') are proposing to add an applicability date to
the ``Clean Water Rule: Definition of `Waters of the United States'''
(the ``2015 Rule'') to two years from the date of final action on this
proposal. On October 9, 2015, the Sixth Circuit stayed the 2015 Rule
nationwide pending further action of the court, but the Supreme Court
is currently reviewing the question of whether the court of appeals has
original jurisdiction to review challenges to the 2015 Rule. On
February 28, 2017, the President signed an Executive Order, ``Restoring
the Rule of Law, Federalism, and Economic Growth by Reviewing the
`Waters of the United States' Rule.'' With this proposed rule, the
agencies intend to maintain the status quo by proposing to add an
applicability date to the 2015 Rule and thus provide continuity and
regulatory certainty for regulated entities, the States and Tribes,
agency staff, and the public while the agencies continue to work to
consider possible revisions to the 2015 Rule.

DATES: Comments must be received on or before December 13, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2017-0644, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The agencies may publish any
comment received to the public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The
agencies will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Donna Downing, Office of Water
(4504-T), Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected]; or Ms. Stacey Jensen, Regulatory Community
of Practice (CECW-CO-R), U.S. Army Corps of Engineers, 441 G Street
NW., Washington, DC 20314; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: The Environmental Protection Agency and the
Department of the Army (``the agencies'') are proposing to add an
applicability date to the 2015 Clean Water Rule of two years from the
date of final action on this proposal. The effective date of the 2015
Rule was August 28, 2015. On July 27, 2017, the agencies published a
proposed rule to initiate the first step in a comprehensive, two-step
process intended to review and revise, as appropriate and consistent
with law, the definition of ``waters of the United States'' under with
Executive Order 13778 signed on February 28, 2017, ``Restoring the Rule
of Law, Federalism, and Economic Growth by Reviewing the `Waters of the
United States' Rule.'' The first step in the process (the ``Step One
rule'') proposed to rescind the definition of ``waters of the United
States'' promulgated by the agencies in 2015 in the Code of Federal
Regulations and to re-codify the previous definition of ``waters of the
United States,'' which defines the scope of the Clean Water Act. The
previous definition is currently in effect pursuant to a decision
issued by the U.S. Court of Appeals for the Sixth Circuit staying the
2015 definition of ``waters of the United States.'' In a second step
(the ``Step Two rule''), the agencies intend to pursue a public notice-
and-comment rulemaking in which the agencies would conduct a
substantive re-evaluation of the definition of ``waters of the United
States.'' With this proposed rule to add an applicability date to the
2015 Rule, the agencies intend to provide, for an interim period,
greater regulatory certainty about the definition of ``waters of the
United States'' in effect while they continue to work on the two-step
rulemaking process.
    The addition of the applicability date to the 2015 Rule to two
years after the date of a final rule under this proposed rulemaking
effort would ensure that the regulatory definition of ``waters of the
United States'' that existed prior to promulgation of the rule in 2015
and that has been in effect nationwide since the 2015 Rule was stayed
on October 9, 2015, would remain in effect during the ongoing actions
undertaken in response to the Executive Order. This proposed rule to
add an applicability date to the 2015 Rule would maintain the legal
status quo and thus provide continuity and certainty for regulated
entities, the States and Tribes, agency staff, and the public. The
agencies would administer the regulations as they are currently being
implemented, consistent with Supreme Court decisions and longstanding
practice as informed by applicable agency guidance documents.
    State, tribal, and local governments have well-defined and
longstanding relationships with the federal government in implementing
CWA programs and these relationships are not altered by this proposed
rule. This proposed rule would not establish any new regulatory
requirements. Rather, this rule would simply add an applicability date
to the 2015 Rule leaving in place the current legal status quo while
the agencies continue to engage in substantive rulemaking to reconsider
the definition of ``waters of the United States.''

I. Background and Discussion of Addition of Applicability Date

A. What This Proposed Rule Does

    In 2015, the agencies published the ``Clean Water Rule: Definition
of `Waters of the United States''' (80 FR 37054, June 29, 2015), and on
October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed
the 2015 Rule nationwide pending further action of the court. The 2015
Rule had an effective date of August 28, 2015. The agencies propose to
add an applicability date of two years from the date of final action on
this proposal. The effective date of the 2015 Rule was established by a
document published by the agencies in the Federal Register (80 FR
37054, June 29, 2015).

The Code of Federal Regulations text does not include an applicability
date; therefore, the agencies are proposing to amend the text of the
Code of Federal Regulations to add a new applicability date. Until the
new applicability date, the agencies would continue to implement the
prior regulatory definitions, informed by applicable agency guidance
documents and consistent with Supreme Court decisions and longstanding
agency practice, as the agencies have been operating pursuant to the
Sixth Circuit's October 9, 2015, order.

B. History and the Purpose of This Rulemaking

    Congress enacted the Federal Water Pollution Control Act Amendments
of 1972, Public Law 92-500, 86 Stat. 816, as amended, Public Law 95-
217, 91 Stat. 1566, 33 U.S.C. 1251 et seq. (``Clean Water Act'' or
``CWA'' or ``Act'') ``to restore and maintain the chemical, physical
and biological integrity of the Nation's waters.'' Section 101(a). A
primary tool in achieving that purpose is a prohibition on the
discharge of any pollutants, including dredged or fill material, to
``navigable waters'' except in accordance with the Act. Section 301(a).
The CWA provides that ``[t]he term `navigable waters' means the waters
of the United States, including the territorial seas.'' Section 502(7).
    The regulations defining the ``waters of the United States''
currently in effect were established in large part in 1977 (42 FR
37122, July 19, 1977). While EPA administers most provisions in the
CWA, the U.S. Army Corps of Engineers (Corps) administers the
permitting program under section 404. During the 1980s, both of these
agencies adopted substantially similar definitions (51 FR 41206, Nov.
13, 1986, amending 33 CFR 328.3; 53 FR 20764, June 6, 1988, amending 40
CFR 232.2).
    In 2015, following public notice and comment on a proposed rule,
the agencies published a final rule defining the ``waters of the United
States'' (80 FR 37054). Thirty-one States and other parties sought
judicial review in multiple actions in Federal district courts and
Circuit Courts of Appeal, raising concerns about the scope and legal
authority of the 2015 Rule. One district court issued an order granting
a motion for preliminary injunction one day prior to the rule's
effective date that applies to the thirteen plaintiff States in that
case, State of North Dakota et al. v. US EPA, No. 15-00059, slip op. at
1-2 (D.N.D. Aug. 27, 2015, as clarified by order issued on September 4,
2015), and several weeks later, the Sixth Circuit stayed the 2015 Rule
nationwide to restore the ``pre-Rule regime, pending judicial review.''
In re U.S. Dep't. of Def. and U.S. Envtl. Protection Agency Final Rule:
Clean Water Rule, No. 15-3751 (lead), slip op. at 6. Pursuant to the
Sixth Circuit's order, the agencies are applying the definition of
``waters of the United States'' that preceded the 2015 Rule nationwide.
On January 13, 2017, the U.S. Supreme Court granted certiorari on the
question of whether the court of appeals has original jurisdiction to
review challenges to the 2015 Rule. The Sixth Circuit granted
petitioners' motion to hold in abeyance the briefing schedule in the
litigation challenging the 2015 Rule pending a Supreme Court decision
on the question of the court of appeals' jurisdiction. On October 11,
2017, the Supreme Court held oral argument on the question of whether
the court of appeals has original jurisdiction to review challenges to
the 2015 Rule. The Supreme Court could issue a decision resolving the
question at any time.
    On February 28, 2017, the President of the United States issued an
Executive Order entitled ``Restoring the Rule of Law, Federalism, and
Economic Growth by Reviewing the `Waters of the United States' Rule.''
Section 1 of the Order states, ``[i]t is in the national interest to
ensure that the Nation's navigable waters are kept free from pollution,
while at the same time promoting economic growth, minimizing regulatory
uncertainty, and showing due regard for the roles of the Congress and
the States under the Constitution.'' The Executive Order directed the
EPA and the Army to review the 2015 Rule for consistency with the
policy outlined in section 1 of the Order, and to issue a proposed rule
rescinding or revising the 2015 Rule as appropriate and consistent with
law. Section 2. The Executive Order also directed the agencies to
consider interpreting the term ``navigable waters'' in a manner
consistent with Justice Scalia's plurality opinion in Rapanos v. United
States, 547 U.S. 715 (2006). Section 3.
    On July 27, 2017, the agencies proposed a rule to rescind the 2015
Rule and replace it with a recodification of the regulatory text that
governed the legal regime prior to the 2015 Rule (82 FR 34899), and
that the agencies are currently implementing under the court stay,
informed by applicable guidance documents (e.g., 2003 and 2008 guidance
documents, as well as relevant memoranda and regulatory guidance
letters), and consistent with Supreme Court decisions and longstanding
agency practice. The agencies received many comments on the Step One
proposed recodification and it remains under active consideration.

C. Today's Proposed Rule

    In this proposed rule, the agencies would add an applicability date
to the 2015 Rule such that it is not implemented until two years from
the date of a final action on this proposal. During that time, the
agencies will continue to implement nationwide the previous regulatory
definition of ``waters of the United States'' as they are currently
doing under the Sixth Circuit's stay, informed by applicable guidance
documents (e.g., 2003 and 2008 guidance documents, as well as relevant
memoranda and regulatory guidance letters), and consistent with Supreme
Court decisions and longstanding agency practice.
    The scope of CWA jurisdiction is an issue of great national
importance and therefore the agencies will provide for robust
deliberations to re-evaluate the definition of ``waters of the United
States.''. While engaging in such deliberations, however, the agencies
recognize the need to provide an interim step for regulatory continuity
and clarity for the many stakeholders affected by the definition of
``waters of the United States.'' The pre-2015 Rule regulatory regime is
in effect as a result of the Sixth Circuit's stay of the 2015 Rule but
that regime depends upon the pendency of the Sixth Circuit's order and
could be altered at any time by factors beyond the control of the
agencies. The Supreme Court's resolution of the question as to which
courts have original jurisdiction over challenges to the 2015 Rule
could impact the Sixth Circuit's exercise of jurisdiction and its stay.
If, for example, the Supreme Court were to decide that the Sixth
Circuit lacks original jurisdiction over challenges to the 2015 Rule,
the Sixth Circuit case would be dismissed and its nationwide stay would
expire, leading to possible inconsistencies, uncertainty, and confusion
as to the regulatory regime that could be in effect pending substantive
rulemaking under the Executive Order.
    As noted previously, prior to the Sixth Circuit's stay order, the
District Court for North Dakota had preliminarily enjoined the rule in
13 States (North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho,
Missouri, Montana, Nebraska, Nevada, South Dakota, Wyoming and New
Mexico). Therefore, if the Sixth Circuit's nationwide stay were to
expire, the 2015 Rule would be enjoined under the North Dakota order in
States covering a large geographic area of the country, but the rule
would be in effect in the rest of the

country pending further judicial decision-making or substantive
rulemaking under the Executive Order. Adding to the confusion that
could be caused if the Sixth Circuit's nationwide stay of the 2015 Rule
were to expire, there are multiple other district court cases pending
on the 2015 Rule, including several where challengers have filed
motions for preliminary injunctions. These cases--and the pending
preliminary injunction motions--could be reactivated if the Supreme
Court were to determine that the Sixth Circuit lacks original
jurisdiction over challenges to the 2015 Rule.
    In addition, if the Supreme Court were to decide that the courts of
appeal do have original jurisdiction over challenges to the 2015 Rule,
the litigation in the Sixth Circuit could resume and therefore control
over which regulatory definition of ``waters of the United States'' is
in effect while the agencies engage in deliberations on the ultimate
regulation could remain outside of the agencies. The proposed interim
rule would establish a clear regulatory framework that could avoid the
possible inconsistencies, uncertainty and confusion that could result
from a Supreme Court ruling while the agencies reconsider the 2015
Rule. It would ensure that, during this interim period, the scope of
CWA jurisdiction will be administered exactly the way it is now, and as
it has been for many years prior to the promulgation of the 2015 Rule.
    The agencies are proposing an applicability date two years after
the date of publication of the final rule in order to ensure that there
is sufficient time for the regulatory process for reconsidering the
definition of ``waters of the United States'' to be fully completed.
The agencies are undertaking an extensive outreach effort to gather
information and recommendations from States and tribes, regulated
entities, academia, and the public. The geographic scope of the Clean
Water Act is of great national interest and there were more than
680,000 public comments on the Step One proposed rule. The agencies
continue to work as expeditiously as possible to complete the two-step
rulemaking process. However, in light of the great interest in this
rulemaking, the agencies are proposing an applicability date for the
2015 Rule that is two years after the publication date of the final
rule to ensure that there is sufficient time for a consideration of the
results of the outreach process, robust discussion with other federal
agencies, an appropriate public comment period, and consideration of
the resulting comments during the Step Two rulemaking.
    The agencies recognize that there may be some confusion because
there is an existing proposal to rescind the 2015 Rule and replace it
with the previous definition of ``waters of the United States,'' as
well as ongoing pre-proposal stakeholder outreach and engagement about
the scope of the Step Two rulemaking that would substantively
reconsider the definition of ``waters of the United States.'' The
comment period for the July Step One proposed rule is now closed and
the agencies are considering those comments and developing the Step Two
proposal. In light of the public interest in these rules and the length
of time involved in these rulemakings, the agencies today are proposing
this more narrowly targeted and focused interim rule to ensure the
consistency of implementation of the definition of ``waters of the
United States'' during this interim period. Because the request for
comment is on such a narrow topic, and because a Supreme Court ruling
could come at any time, the agencies believe that a short comment
period is reasonable.

II. General Information

A. How can I get copies of this document and related information?

    1. Docket. An official public docket for this action has been
established under Docket ID No. EPA-HQ-OW-2017-0644. The official
public docket consists of the documents specifically referenced in this
action, and other information related to this action. The official
public docket is the collection of materials that is available for
public viewing at the OW Docket, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20004. This Docket Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
OW Docket telephone number is<PHONE_NUMBER>. A reasonable fee will be
charged for copies.
    2. Electronic Access. You may access this Federal Register document
electronically under the ``Federal Register'' listings at http://www.regulations.gov. An electronic version of the public docket is
available through EPA's electronic public docket and comment system,
EPA Dockets. You may access EPA Dockets at http://www.regulations.gov
to view public comments as they are submitted and posted, access the
index listing of the contents of the official public docket, and access
those documents in the public docket that are available electronically.
For additional information about EPA's public docket, visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the Docket Facility.

B. What is the agencies' authority for taking this action?

    The authority for this action is the Federal Water Pollution
Control Act, 33 U.S.C. 1251, et seq., including sections 301, 304, 311,
401, 402, 404 and 501.

C. What are the economic impacts of this action?

    The agencies have determined that there are no economic costs or
benefits associated with this action. In light of the ongoing, complex
litigation over the 2015 Rule, the agencies believe it is reasonable
and appropriate for purposes of considering economic impacts for this
proposal to presume that the legal status quo is likely to remain the
same. This proposal, if finalized, would have the effect of providing
the public with regulatory certainty while the agencies pursue a
substantive rulemaking process. This proposal would eliminate one
source of uncertainty for the regulated community as they consider
investments. While the agencies recognize that there could be benefits
associated with greater regulatory certainty, we are unable to quantify
those benefits. The agencies have prepared a memorandum to the record
to provide the public with information about this conclusion with
respect to the potential economic impacts associated with this action.
A copy of the memorandum is available in the docket for this action.

III. Public Comments

    The agencies solicit comment as to whether it is desirable and
appropriate to add an applicability date to the 2015 Rule. The agencies
are proposing to establish an applicability date of two years after a
final rule and seek comment on whether the time period should be
shorter or longer, and whether adding the applicability date
contributes to regulatory certainty. The agencies have prepared a
memorandum to the record to provide the public with information about
the activities envisioned in support of a comprehensive rulemaking
process. A copy of the memorandum is available in the docket for this
action.
    Because the agencies propose to simply add the applicability date
and ensure continuance of the legal status quo and because it is a
temporary,

interim measure pending substantive rulemaking, the agencies believe
that a short comment period is reasonable. In addition, please note
that this proposed rulemaking does not undertake any substantive
reconsideration of the pre-2015 ``waters of the United States''
definition nor are the agencies soliciting comment on the specific
content of those longstanding regulations. See P&V Enterprises v. Corps
of Engineers, 516 F.3d 1021,1023-24 (D.C. Cir. 2008). For the same
reason, the agencies are not at this time soliciting comment on the
scope of the definition of ``waters of the United States'' that the
agencies should ultimately adopt in the Step Two rule in this process,
as the agencies will address those issues as appropriate, including
those related to the 2015 Rule, in the notice and comment rulemaking to
consider adopting a revised definition of ``waters of the United
States'' in light of the February 28, 2017, Executive Order. The
agencies do not intend to engage in substantive re-evaluation of the
definition of ``waters of the United States'' until the Step Two
rulemaking. See P&V, 516 F.3d at 1025-26.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review; and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action because policy
issues with respect to the definition of ``waters of the United
States'' are novel for purposes of Executive Order 12866 and it was
submitted to the Office of Management and Budget (OMB) for review. It
is not an economically significant action. Any changes made in response
to OMB recommendations have been documented in the docket.
    In addition, the agencies prepared a memorandum to the record
regarding analysis of the potential economic impacts associated with
this action. The agencies have determined that there are no costs or
benefits associated with this action. This action would simply add an
applicability date to the 2015 Rule which is stayed nationwide and the
legal status quo continues to remain in place. A copy of the memorandum
is available in the docket for this action.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not expected to be subject to Executive Order 13771
because this proposed rule is expected to result in no additional
costs.

C. Paperwork Reduction Act (PRA)

    This proposed rule does not involve any information collection
activities subject to the PRA, 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act (RFA)

    We certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action would simply add an
applicability date to the 2015 Rule which is stayed nationwide and the
legal status quo continues to remain in place. We have therefore
concluded that this action will not have a significant impact on small
entities. This analysis is contained in a memorandum to the record,
which is available in the docket for this action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector. The definition of ``waters of the United States''
applies broadly to all CWA programs.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have Tribal implications, as specified in
Executive Order 13175. This action would simply add an applicability
date to the 2015 Rule which is stayed nationwide and the legal status
quo continues to remain in place. Thus, Executive Order 13175 does not
apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The agencies interpret Executive Order 13045 as applying only to
those regulatory actions that concern environmental health or safety
risks that the agencies have reason to believe may disproportionately
affect children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This action would simply add an
applicability date to the 2015 Rule which is stayed nationwide and the
legal status quo continues to remain in place.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The agencies believe that this action is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994) because it does not
establish an environmental health or safety standard. This is a
proposal to add an applicability date to the 2015 Rule. The agencies
believe it is more appropriate to consider the impact on minority and
low-income populations in the context of possible substantive changes
as part of any reconsideration of the 2015 Rule.

List of Subjects

33 CFR Part 328

    Environmental protection, Administrative practice and procedure,
Intergovernmental relations, Navigation, Water pollution control,
Waterways.

40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401

    Environmental protection, Water pollution control.

    Dated: November 16, 2017.
E. Scott Pruitt,
Administrator, Environmental Protection Agency.
    Dated: November 16, 2017.
Ryan A. Fisher,
Acting Assistant Secretary of the Army (Civil Works).

Title 33--Navigation and Navigable Waters

    For the reasons set out in the preamble, title 33, chapter II of
the Code of Federal Regulations is proposed to be amended as follows:

PART 328--DEFINITION OF WATERS OF THE UNITED STATES

0
1. The authority citation for part 328 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
2. Section 328.3 is amended by adding paragraph (e) to read as follows:

Sec.  328.3  Definitions.

* * * * *
    (e) Applicability date. Paragraphs (a) through (c) of this section
are applicable beginning on [DATE TWO YEARS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register].

Title 40--Protection of Environment

    For reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:

PART 110--DISCHARGE OF OIL

0
3. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq., 33 U.S.C. 1321(b)(3) and
(b)(4) and 1361(a); E.O. 11735, 38 FR 21243, 3 CFR parts 1971-1975
Comp., p. 793.

0
4. Section 110.1 is amended by adding paragraph (4) to the definition
of ``Navigable waters'' to read as follows:

Sec.  110.1  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *

PART 112--OIL POLLUTION PREVENTION

0
5. The authority citation for part 112 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
6. Section 112.2 is amended by adding paragraph (4) to the definition
of ``Navigable waters'' to read as follows:

Sec.  112.2  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *

PART 116--DESIGNATION OF HAZARDOUS SUBSTANCES

0
7. The authority citation for part 116 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
8. Section 116.3 is amended by adding paragraph (4) to the definition
of ``Navigable waters'' to read as follows:

Sec.  116.3  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *

PART 117--DETERMINATION OF REPORTABLE QUANTITIES FOR HAZARDOUS
SUBSTANCES

0
9. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq., and Executive Order 11735,
superseded by Executive Order 12777, 56 FR 54757.

0
10. Section 117.1 is amended by adding paragraph (i)(4) to read as
follows:

Sec.  117.1  Definitions.

* * * * *
    (i) * * *
    (4) Applicability date. This paragraph (i) is applicable beginning
on [DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register].
* * * * *

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

0
11. The authority citation for part 122 continues to read as follows:

    Authority:  The Clean Water Act, 33 U.S.C. 1251 et seq.

0
12. Section 122.2 is amended by adding paragraph (4) to the definition
of ``Waters of the United States'' read as follows:

Sec.  122.2  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *

PART 230--SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF
DISPOSAL SITES FOR DREDGED OR FILL MATERIAL

0
13. The authority citation for part 230 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
14. Section 230.3 is amended by adding paragraph (o)(4) to read as
follows:

Sec.  230.3  Definitions.

* * * * *
    (o) * * *
    (4) Applicability date. This paragraph (o) is applicable beginning
on [DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register].

PART 232--404 PROGRAM DEFINITIONS; EXEMPT ACTIVITIES NOT REQUIRING
404 PERMITS

0
15. The authority citation for part 232 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
16. Section 232.2 is amended by adding paragraph (4) to the definition
of ``Waters of the United States'' to read as follows:

Sec.  232.2  Definitions.

* * * * *
    Waters of the United States * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
17. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.

0
18. Section 300.5 is amended by adding paragraph (4) to the definition
of ``Navigable waters'' to read as follows:

Sec.  300.5  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *
0
19. In appendix E to part 300, section 1.5 Definitions is amended by
adding paragraph (4) to the definition of ``Navigable waters'' to read
as follows:

Appendix E to Part 300--Oil Spill Response

* * * * *
    1.5 * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning
on [DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register].
* * * * *

PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
20. The authority citation for part 302 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.

0
21. Section 302.3 is amended by adding paragraph (4) to the definition
of ``Navigable waters'' to read as follows:

Sec.  302.3  Definitions.

* * * * *
    Navigable waters * * *
    (4) Applicability date. This definition is applicable beginning on
[DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *

PART 401--GENERAL PROVISIONS

0
22. The authority citation for part 401 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
23. Section 401.11 is amended by adding paragraph (1)(4) to read as
follows:

Sec.  401.11  General definitions.

* * * * *
    (l) * * *
    (4) Applicability date. This paragraph (l) is applicable beginning
on [DATE TWO YEARS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register].
* * * * *
[FR Doc. 2017-25321 Filed 11-21-17; 8:45 am]
 BILLING CODE 6560-50-P