[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Rules and Regulations]
[Pages 63451-63454]
[FR Doc No: 2015-26312]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-RO5-OAR-2014-0657; FRL-9935-63-Region 5]

Air Plan Approval; Michigan; 2006 PM[bdi2].[bdi5] and
2008 Lead NAAQS State Board Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of state implementation plan (SIP) submissions from Michigan
regarding state board requirements of section 110 of the Clean Air Act
(CAA) for the 2006 fine particulate matter (PM2.5) and 2008
lead National Ambient Air Quality Standards (NAAQS). The infrastructure
requirements are designed to ensure that the structural components of
each state's air quality management program are adequate to meet the
state's responsibilities under the CAA.

DATES: This direct final rule will be effective December 21, 2015,
unless EPA receives adverse comments by November 19, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0657 by one of the following methods:
    1. www.regulations.gov: Follow the online instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted

during the Regional Office normal hours of operation, and special
arrangements should be made for deliveries of boxed information. The
Regional Office official hours of business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID. EPA-R05-OAR-2014-
0657. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Sarah Arra, Environmental Scientist, at
(312) 886-9401 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background of these SIP submissions?
II. What is EPA's review of these SIP submissions?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is the background of these SIP submissions?

    This rulemaking addresses submissions from the Michigan Department
of Environmental Quality (MDEQ) for the 2006 PM2.5 and 2008
lead NAAQS. MDEQ submitted its infrastructure SIPs on the following
dates: 2006 PM2.5--August 15, 2011, supplemented on July 9,
2012; 2008 lead--April 3, 2012, supplemented August 9, 2013. On July
10, 2014, MDEQ requested that new rules related to state board
requirements which it had submitted to be incorporated into the SIP
also apply to its 2006 PM2.5 and 2008 lead NAAQS
infrastructure SIPs.
    The requirement for states to make a SIP submission of this type
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1),
states must make SIP submissions ``within 3 years (or such shorter
period as the Administrator may prescribe) after the promulgation of a
national primary ambient air quality standard (or any revision
thereof),'' and these SIP submissions are to provide for the
``implementation, maintenance, and enforcement'' of such NAAQS. The
statute directly imposes on states the duty to make these SIP
submissions, and the requirement to make the submissions is not
conditioned upon EPA's taking any action other than promulgating a new
or revised NAAQS. Section 110(a)(2) includes a list of specific
elements that ``[e]ach such plan'' submission must address.
    This specific rulemaking is taking action only on the state board
element of the Michigan submittal. The majority of the other
infrastructure elements for the 2006 PM2.5 NAAQS were
addressed on October 29, 2012 (77 FR 65478). The other infrastructure
elements for the 2008 lead NAAQS were addressed on July 16, 2014 (79 FR
41439). The infrastructure element for state board requirements is
found in CAA 110(a)(2)(E). For further discussion on the background of
infrastructure submittals, see 77 FR 45992.

II. What is EPA's review of these SIP submissions?

    On September 13, 2013, EPA issued ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2)'' (2013 Memo). As noted in the 2013 Memo,
pursuant to CAA section 110(a), states must provide reasonable notice
and opportunity for public hearing for all infrastructure SIP
submissions. MDEQ provided public comment opportunities on both
submittals on which EPA is acting in this direct final rule. MDEQ
provided a detailed synopsis of how various components of its SIP meet
each of the applicable requirements in section 110(a)(2) for the 2006
PM2.5 and 2008 lead NAAQS, as applicable. The following
review only evaluates the state's submissions for CAA section
110(a)(2)(E)(ii) requirements.
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (2) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed. The 2013 Memo specifies that
the provisions that implement CAA section 128 must be contained within
the SIP. ``EPA would not approve an infrastructure SIP submission that
only provides a narrative description of existing air agency laws,
rules, and regulations that are not approved into the SIP to address
CAA section 128 requirements.'' 2013 Memo at 42.
    On July 10, 2014, MDEQ submitted Civil Service Rule 2-8.3(a)(1) for
incorporation into the SIP, pursuant to section 128 of the CAA. EPA
approved this rule as satisfying CAA section 128 requirements on August
31, 2015 (see 80 FR 52399). On July 10, 2014, MDEQ requested that these
rules satisfy not only the applicable requirements of section 128 of
the CAA, but that they satisfy any applicable requirements of section
110(a)(2)(E) for the 2006 PM2.5 and 2008 lead NAAQS.
Therefore, EPA finds that MDEQ has satisfied the applicable
infrastructure SIP

requirements for this section of 110(a)(2)(E) for the 2006
PM2.5 and 2008 lead NAAQS.

III. What action is EPA taking?

    EPA is approving the state board related infrastructure requirement
for Michigan's 2006 PM2.5 and 2008 lead NAAQS submittals as
satisfying the infrastructure SIP requirements in CAA sections
110(a)(2)(E)(ii).
    We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective December 21,
2015 without further notice unless we receive relevant adverse written
comments by November 19, 2015. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective December 21, 2015.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 21, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Particulate matter,
Reporting and recordkeeping requirements.

    Dated: October 5, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. In Sec.  52.1170, the table in paragraph (e) is amended by revising
the entries for ``Section 110(a)(2) Infrastructure Requirements for the
2006 24-Hour PM2.5 NAAQS'' and ``Section 110(a)(2)
Infrastructure Requirements for the 2008 lead (Pb) NAAQS'' to read as
follows:

Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                Applicable  geographic
   Name of nonregulatory SIP       or  nonattainment     State submittal     EPA approval          Comments
           provision                     area                  date              date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  8/15/2011, 7/9/    10/20/2015,       This action
 Infrastructure Requirements                             2012,              [Insert Federal   addresses the
 for the 2006 24-Hour PM2.5                             7/10/2014........   Register          following CAA
 NAAQS.                                                                     citation].        elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D)(i)(II),
                                                                                (D)(ii), (E), (F),
                                                                                (G), (H), (J),
                                                                                (K), (L), and (M).
                                                                                We are not taking
                                                                                action on the
                                                                                visibility
                                                                                protection
                                                                                requirements of
                                                                                (D)(i)(II). We
                                                                                will address this
                                                                                requirements in a
                                                                                separate action.

                                                  * * * * * * *
Section 110(a)(2)               Statewide.............  4/3/2012, 8/9/     10/20/2015,       This action
 Infrastructure Requirements                             2013,              [insert Federal   addresses the
 for the 2008 lead (Pb) NAAQS.                          7/10/2014........   Register          following CAA
                                                                            citation].        elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L), and
                                                                                (M).
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[FR Doc. 2015-26312 Filed 10-19-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Page 35144]
[FR Doc No: 2019-15530]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-0088, OMB Control No. 3235-0083]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Rule 15Ba2-1 and Form MSD.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15Ba2-1 (17 CFR
240.15Ba2-1) and Form MSD (17 CFR 249.1100), under the Securities and
Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange Act''). The
Commission plans to submit this existing collection of information to
the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 15Ba2-1 provides that an application for registration with the
Commission by a bank municipal securities dealer must be filed on Form
MSD. The Commission uses the information obtained from Form MSD filings
to determine whether bank municipal securities dealers meet the
standards for registration set forth in the Act, to maintain a central
registry where members of the public may obtain information about
particular bank municipal securities dealers, and to develop risk
assessment information about bank municipal securities dealers.
    Form MSD is a one-time registration form that must be amended only
if it becomes inaccurate. Based upon past submissions of two initial
filings and 11 amendments in 2016, zero initial filings and 22
amendments in 2017, zero initial filings and 18 amendments in 2018, and
zero initial filings and zero amendments so far in 2019, the Commission
estimates that on an annual basis approximately 1 respondent will
utilize Form MSD for an initial registration application, and that
approximately 13 respondents will utilize Form MSD for an amendment,
for a total of 14 respondents per year. The time required to complete
Form MSD varies with the size and complexity of the bank municipal
securities dealer's proposed operations. Bank personnel that prepare
Form MSD filings previously indicated that it can take up to 15 hours
for a bank with a large operation and many employees to complete the
form, but that smaller banks with fewer personnel can complete the form
in one to two hours. We believe that most recent applications have come
from smaller banks. Also, amendments to form MSD are likely to require
significantly less time. We estimate that the total annual burden is
currently 21 hours at an average of 1.5 hours per respondent. (14
respondents/year x 1.5 hours/respondent = 21 hours/year). The staff
estimates that the average internal compliance cost per hour is
approximately $417.\1\ Therefore, the estimated total annual cost of
compliance is approximately $8,757 per year (21 hours/year x $417/hour
= $8,757/year).
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    \1\ The estimate of $417 per hour is for a compliance attorney,
based on the Securities Industry and Financial Markets Association's
Management & Professional Earnings in the Securities Industry 2013,
modified by Commission staff to account for an 1800-hour work-year
and inflation, and multiplied by 5.35 to account for bonuses, firm
size, employee benefits and overhead.
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    Rule 15Ba2-1 does not contain an explicit recordkeeping
requirement, but the rule does require the prompt correction of any
information on Form MSD that becomes inaccurate, meaning that bank
municipal securities dealers need to maintain a current copy of Form
MSD indefinitely. In addition, the instructions for filing Form MSD
state that an exact copy should be retained by the registrant.
Providing the information on the application is mandatory in order to
register with the Commission as a bank municipal securities dealer. The
information contained in the application will not be kept confidential.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information subject to the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Charles Riddle, Acting
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Candace Kenner, 100 F Street NE, Washington, DC 20549, or send an
email to<EMAIL_ADDRESS>
    Dated: July 17, 2019.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-15530 Filed 7-19-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Notices]
[Page 72094]
[FR Doc No: 2013-28773]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4149-DR; Docket ID FEMA-2013-0001]

Pennsylvania; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Pennsylvania (FEMA-4149-DR), dated October 1,
2013, and related determinations.

DATES: Effective Date: November 22, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Pennsylvania is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 1, 2013.
    Allegheny County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-28773 Filed 11-29-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50069-50070]
[FR Doc No: 2015-20310]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0054; Notice 1]

Mack Trucks, Inc., Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Mack Trucks, Inc. (Mack), has determined that certain model
year (MY) 2014-2016 Mack LEU model incomplete vehicles do not fully
comply with paragraphs S5.3.3 and S5.3.4 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 121, Air Brake Systems. Mack has filed an
appropriate report dated April 27, 2015, pursuant to 49 CFR part 573,
Defect and Noncompliance Responsibility and Reports.

DATES: The closing date for comments on the petition is September 17,
2015.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: Logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Mack's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Mack submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. After reviewing the petition,
NHTSA requested additional information from Mack by letter dated July
9, 2015. In response to that letter, Mack provided supplemental
information by letter dated July 17, 2015. Copies of NHTSA's request
and Mack's response are available from the petition docket.
    This notice of receipt of Mack's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Vehicles Involved: Affected are approximately 1,977 MY 2014-
2016 Mack LEU model incomplete vehicles manufactured between July 22,
2013 and April 20, 2015.
    III. Noncompliance: Mack explains that the noncompliance is that
the brake actuation and release times slightly (by milliseconds) exceed
the requirements as specified in paragraphs S5.3.3 and S5.3.4 of FMVSS
No. 121.
    IV. Rule Text: Paragraph S5.3.3 of FMVSS No. 121 requires in
pertinent part:

    S5.3.3 Brake Actuation time. Each service brake system shall
meet the requirements of S<IP_ADDRESS>(a) and (b) . . .
    S<IP_ADDRESS>(a) With an initial service reservoir system air
pressure of 100 psi, the air pressure in each brake chamber shall,
when measured from the first movement of the service brake control,
reach 60 psi in not more than 0.45 second in the case of trucks and
buses, . . .

    Paragraph S5.3.4 of FMVSS No. 121 requires in pertinent part:

    S5.3.4 Brake Release time. Each service brake system shall meet
the requirements of S<IP_ADDRESS>(a) and (b) . . .
    S<IP_ADDRESS>(a) With an initial service brake chamber air pressure
of 95 psi, the air pressure in each brake chamber shall, when
measured from the first movements of the service brake control, fall
to 5 psi in not more than 0.55 second in the case of trucks and
buses, . . .

    V. Summary of Mack's Analyses: Mack stated its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
    (A) Mack conducted pneumatic brake timings tests on a test vehicle
representative of the affected population to show the results compared
to the requirement. The test vehicle was configured similar to a dual-
drive (or twin steer) residential garbage truck equipped with left-hand
and right-hand steering and brake controls. Tests were conducted on
each axle, separately, using the left-hand brake control and then, the
right hand brake control.
    Mack's data indicate that, on average, steer axle pneumatic brake
actuation times exceed the requirement by 0.04 seconds, steer axle
pneumatic brake release times, on average, exceed the requirement by
0.09 seconds, and drive axle brake timing results indicate compliance
with the safety standard's requirement.
    Mack stated that a change in brake chamber size from type 24 to
type 30, which occurred in 2013 production, may have caused the
noncompliance.
    (B) Mack conducted additional brake timing and dynamic performance
tests to evaluate how this noncompliance affects overall brake
performance. The tests were performed by an independent testing and
evaluation company, Link Commercial Vehicle Testing (Link) located in
East Liberty, Ohio. According to Mack, the results of these tests
clearly show that the trucks that are affected by the subject
noncompliance are compliant with the brake stopping distance
requirements. Mack provided a chart to illustrate the stopping distance
test results. (Detailed results from the tests provided by Mack are
available from the docket for this petition).
    (C) Mack stated that LEU's are used almost exclusively in
residential garbage collection service. Because of that, Mack

says there are no concerned vehicles that tow air-braked trailers and
that compatibility with other air brake vehicles is also not cause for
concern.
    (D) Mack also stated that brake release timing has been the subject
of previous petitions that it believes are similar to its petition and
were granted by NHTSA.
    Mack has additionally informed NHTSA that it is correcting the
noncompliance so that all future production of the subject trucks will
fully comply with FMVSS No. 121.
    In summation, Mack believes that the described noncompliance of the
subject trucks is inconsequential to motor vehicle safety, and that its
petition, to exempt Mack from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject incomplete vehicles that Mack
no longer controlled at the time it determined that the noncompliance
existed. However, any decision on this petition does not relieve
equipment distributors and dealers of the prohibitions on the sale,
offer for sale, or introduction or delivery for introduction into
interstate commerce of the noncompliant incomplete vehicles under their
control after Mack notified them that the subject noncompliance
existed.

    Authority:  (49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8).

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-20310 Filed 8-17-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74000]
[DOCID:fr14de05-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Amendment of License and Soliciting
Comments, Motions To Intervene, and Protests

December 8, 2005.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Extension of Time to Commence and Complete
Construction.
    b. Project No.: 12379-006.
    c. Date Filed: August 25, 2005.
    d. Applicant: Lake Dorothy Hydro, Inc., Alaska.
    e. Name of Project: Lake Dorothy Hydroelectric Project.
    f. Location: The project is located on the Dorothy Creek, near
Juneau, Alaska.
    g. Filed Pursuant to: Section 13 of the Federal Power Act, 16
U.S.C. 806.
    h. Applicant Contact: Corry V. Hildebrand, Lake Dorothy Hydro Inc.,
5601 Tonsgard Court, Juneau, AK 99801-7201.
    i. FERC Contact: Any questions on this notice should be addressed
to Mrs. Anumzziatta Purchiaroni at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>
    j. Deadline for filing comments and or motions: December 22, 2005.
    k. Description of Request: The Applicant is requesting a two year
extension of the deadline for commencement of construction until
December 24, 2007, and that the deadline for completion of construction
also to be extended to December 24, 2009. The licensee is requesting
additional time to accommodate unanticipated delays that prevented it
from commencing construction work prior to the license deadline.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. Information about 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. You may
also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. All documents
(original and eight copies) should be filed with: Magalie R. Salas,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    p. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions 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 at http://www.ferc.gov

under the ``e-Filing'' link.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7311 Filed 12-13-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Notices]
[Page 37394]
[FR Doc No: 2012-15154]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP12-799-000.
    Applicants: Midwestern Gas Transmission Company.
    Description: Non-Conforming Agreement--J Aron to be effective 11/1/
2012.
    Filed Date: 6/13/12.
    Accession Number: 20120613-5092.
    Comments Due: 5 p.m. ET 6/25/12.

    Docket Numbers: RP12-800-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Negotiated Rate Service Agreement--Berry Energy to be
effective 6/15/2012.
    Filed Date: 6/13/12.
    Accession Number: 20120613-5095.
    Comments Due: 5 p.m. ET 6/25/12.

    Docket Numbers: RP12-801-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: GT&C Section 15 OBA Cashout Compliance (Docket No.
RP11-2371) to be effective 7/15/2012.
    Filed Date: 6/14/12.
    Accession Number: 20120614-5045.
    Comments Due: 5 p.m. ET 6/26/12.

    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.
    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, and service 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 (202) 502-
8659.

    Dated: June 14, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-15154 Filed 6-20-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40760-40761]
[FR Doc No: 2011-17330]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64803; File No. SR-Phlx-2011-88]

 Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC To Modify
Its Fee Schedule Regarding Co-Location Fees to Establish Fees for
Access to Market Data Feeds From the Toronto Stock Exchange and the TSX
Venture Exchange

July 5, 2011.
    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 June 23, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III, below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify its Fee Schedule regarding co-
location fees to establish fees for access to market data feeds from
the Toronto Stock Exchange (``TSX'') and the TSX Venture Exchange
(``TSXV'').
    The Exchange will implement the proposed change on July 1, 2011.
The text of the proposed rule change is available on the Exchange's Web
site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 purpose of the proposed rule change is to modify the Exchange's
Fee Schedule regarding co-location fees to establish fees for access to
market data feeds from TSX and TSXV. The Exchange proposes: (1) A one-
time fee of $1,000 for the installation of telecommunications
connectivity for selected TSX and TSXV real-time market data feeds,
along with (2) a per-month connectivity fee of $300 if a client wishes
to receive the TSX and TSXV Level 1 Feed; a per-month connectivity fee
of $1,000 if a client wishes to receive the TSX and TSVX Level 2 Feed;
a per-month connectivity fee of $100 if a client wishes to receive the
TSX Quantum Level 1 Feed; and a per-month connectivity fee of $300 if a
client wishes to receive the TSX Quantum Level 2 Feed.
    The Exchange is making the TSX market data feeds available as a
convenience to customers and notes that receipt of these feeds is
completely voluntary. The Exchange also notes that such feeds may be
freely obtained from other vendors for use by customers in the
datacenter. These fees are similar to fees already charged by Phlx for
receipt of market data from other exchanges in the data center. See
also the market data connectivity fees for SIAC, the Chicago Mercantile
Exchange, and the BATS Exchange on the Exchange's Fee Schedule.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\3\ in general, and with
Section 6(b)(4) of the Act,\4\ in particular, in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility or
system which the Exchange operates or controls.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which
exchanges offer co-location services as a means to facilitate the
trading activities of those members who believe that co-location
enhances the efficiency of their trading. Accordingly, fees charged for
co-location services are constrained by the active competition for the
order flow of such members. If a particular exchange charges excessive
fees for co-location services, affected members will opt to terminate
their co-location arrangements with that exchange, and adopt a possible
range of alternative strategies, including co-locating with a different
exchange, placing their servers in a physically proximate location
outside the exchange's data center, or pursuing trading strategies not
dependent upon co-location. Accordingly, the exchange charging
excessive fees would stand to lose not only co-location revenues but
also revenues associated with the execution of orders routed to it by
affected members. The Exchange believes that this competitive dynamic
imposes powerful restraints on the ability of any exchange to charge

unreasonable fees for co-location services.
    It should be noted, however, that the costs associated with
operating a co-location facility, like the costs of operating the
electronic trading facility with which the co-location facility is
associated, are primarily fixed costs, and in the case of co-location
are primarily the costs of renting or owning data center space and
retaining a staff of technical personnel. Accordingly, the Exchange
establishes a range of co-location fees with the goal of covering these
fixed costs, covering less significant marginal costs, such as the cost
of electricity, and to the extent the costs are covered, earns [sic] a
profit. Because fixed costs must be allocated among all customers, the
Exchange's fee schedule reflects an effort to assess a range of
relatively low fees for specific aspects of co-location services,
which, in the aggregate, will allow the Exchange to cover its costs and
earn a profit; [sic] to the extent the costs are covered.
    In the case the proposed fees for installation and connectivity to
select TSX and TSXV real-time market data feeds, the proposed fees
cover the costs charged by Nasdaq Technology Services for establishing
and maintaining the telecommunication networks to obtain and republish
these market data feeds. The fees are based on anticipated bandwidth
needed to accommodate a particular feed. The proposed fees also allow
the Exchange earn [sic]a profit; [sic] to the extent the costs are
covered. The Exchange notes that it is not the exclusive method to
obtain market data connectivity. The Exchange believes that it is
reasonable to use fees assessed on this basis as a means to recoup
Phlx's share of the costs associated with the proposed market data
feeds, provide a convenience for the customers, and to the extent the
costs are covered, provide the Exchange a profit.
    The Exchange notes that its installation and monthly connectivity
rates proposed for TSX and TSXV market data feeds are similar to
connectivity fees imposed by other vendors. The Exchange also notes
that the fees charged by the Exchange are generally lower or comparable
to prices charged by other exchanges or unregulated vendors for similar
services. For instance, NYSE is charging charges fees of $500 to $5,750
for selected CME market data feeds and charges a $950 installation
fee.\5\
---------------------------------------------------------------------------

    \5\ See http://www.nyxdata.com/doc/50210.
---------------------------------------------------------------------------

    Furthermore, because the proposed co-location services are entirely
voluntary and available to all members, the Exchange's fees for
proposed co-location services are equitably allocated and non-
discriminatory. In addition, the market data feeds may be obtained from
other sources.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition 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

    Written comments were neither solicited nor received.

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)(ii) of the Act.\6\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-88 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-Phlx-2011-88. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for 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 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-Phlx-2011-88 and
should be submitted on or before August 1, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-17330 Filed 7-8-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46625-46627]
[FR Doc No: 2015-19131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75561; File No. SR-Phlx-2015-66]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 3301B(a)

July 30, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 20, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Rule 3301B(a) to remove the Market
Hours Immediate or Cancel Time in Force and to delay implementation of
changes to the Good-til-market close Time in Force, which were recently
adopted by Phlx but are not yet implemented.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/, 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 is proposing to amend Rule 3301B(a) to remove the
Market Hours Immediate or Cancel (``Market Hours IOC'' or ``MIOC'')
Time-in-Force and to delay implementation of changes to the Good-til-
market close (``GTMC'') Time-in-Force, which were recently adopted by
Phlx but are not yet implemented in the NASDAQ OMX PSX System
(``System'' or ``PSX'').\3\ Time-in-Force (``TIF'') is a characteristic
of an order that limits the period of time that the System will hold an
order for potential execution. An Order that is designated to
deactivate immediately after determining whether the Order is
marketable may be referred to as having a TIF of ``Immediate or
Cancel'' or ``IOC''.\4\ Any Order with a TIF of IOC entered between
9:30 a.m. ET and 4:00 p.m. ET is considered as having a TIF of MIOC.\5\
The MIOC TIF is very similar to the SIOC \6\ TIF, but MIOC designated
orders are limited to entry and potential execution only during Regular
Market Hours. An order designated with a TIF of MIOC that is entered
outside of Regular Market Hours would be returned to the entering
member firm without attempting to execute. The Exchange has determined
that, based on a lack of market participant desire for a MIOC TIF and
the cost that would be incurred in developing and implementing it on
the Exchange, it will not implement the MIOC TIF at this juncture.
Accordingly, the Exchange is proposing to delete text under Rule
3301B(a)(1) concerning the MIOC TIF, which is effective but not yet
operative.
---------------------------------------------------------------------------

    \3\ The Exchange notes that the text at issue in this filing
concerning the MIOC TIF under Rule 3301B(a)(1) is not yet
implemented, but was recently inadvertently incorporated into the
PSX rulebook when the Commission approved certain rules governing
the PSX equities market in order to provide additional detail and
clarity regarding its order type functionality. See Securities
Exchange Act Release No. 75293 (June 24, 2015), 80 FR 37327 (June
30, 2015) (SR-Phlx-2015-29). Notwithstanding its inadvertent
inclusion in the rulebook, the rule text concerning the MIOC TIF is
not yet effective. The Exchange had anticipated implementing the
MIOC and GTMC changes in the second quarter of 2015. See Securities
Exchange Act Release No. 74628 (April 1, 2015), 80 FR 18662 (April
7, 2015) (SR-Phlx-2015-32).
    \4\ See Rule 3301B(a)(1).
    \5\ Id.
    \6\ An Order with a Time-in-Force of IOC that is entered at any
time between 8:00 a.m. ET and 5:00 p.m. ET may be referred to as
having a Time-in-Force of ``System Hours Immediate or Cancel'' or
``SIOC''. Id.
---------------------------------------------------------------------------

    The Exchange is also proposing to amend Rule 3301B(a)(6) to make it
clear that the Exchange will no longer accept GTMC orders for execution
after 4:00 p.m. Eastern Time, which are currently accepted and
converted to SIOC orders if received after 4:00 p.m. Eastern Time. In
April 2015, the Exchange proposed this change to the predecessor rule
concerning GTMC orders in a prior filing with the Commission,\7\ and
had anticipated implementing the change at some point in the second
quarter of 2015. During that time, the Commission approved a rule
change that renumbered and clarified the rule.\8\ Accordingly, the
Exchange is now amending the renumbered rule to reflect the changes
made in the prior filing. The Exchange

is also proposing to delay the change to the operation of GTMC orders
after 4:00 p.m. Eastern Time, so that this change will now be
implemented the week of August 17, 2015 and will complete the
implementation the week of August 31, 2015.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 74628 (April 1,
2015), 80 FR 18662 (April 7, 2015) (SR-Phlx-2015-32).
    \8\ The Exchange also made a clarifying change to the rule,
which was incorporated into the renumbered rule. Supra note 3.
---------------------------------------------------------------------------

    The Exchange is also making a minor technical correction to Rule
3301B(a)(6) by inserting hyphenation in the term ``Time-in-Force'',
which will make it consistent with its use in other paragraphs of the
rule.
2. Statutory Basis
    Phlx believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\9\ in general, and with Section
6(b)(5) of the Act,\10\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, 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; and also in that it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Exchange believes that, in light of a lack of
market participant interest and the costs the Exchange would incur in
developing and implementing a MIOC TIF, it would be in the best
interest of the market and market participants not to implement the
change at this juncture. Implementing a change, which will not be used
significantly yet will represent a cost to the Exchange to implement,
could ultimately result in increased costs to market participants in
the form of increased fees. Accordingly, the Exchange is eliminating
the MIOC TIF until such time that the demand for it justifies the
expenditure.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed change to Rule 3301B(a)(6) is designed 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 because it modifies the rule to reflect a change made
to the predecessor rule, which was filed with the Commission as an
immediately effective filing to be implemented sometime in the second
quarter of 2015. The change, which was subject to the notice and
comment process, had not been implemented prior to the rule's
renumbering. Accordingly, the proposed change to amend Rule 3301B(a)(6)
merely modifies the rule text so that it is consistent with the changes
made to the predecessor rule.
    The proposed delay in implementing the changes to the Good-til-
market close TIF is designed 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 because it
will provide the Exchange with a brief extension to adequately program
and test the proposed changes to the TIF. Moreover, the Exchange is
delaying implementation of the changes until after the reconstitution
of the Russell indexes, which is a day of significant volume in the
market and immediately prior to which the Exchange reduces the number
of changes made to the System. Accordingly, the proposed delay will
serve to reduce risk in the market during a time of significant volume
and provide the Exchange adequate time to program and test the proposed
changes, thereby protecting investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Specifically,
the Exchange notes that there is little interest in MIOC among market
participants on PSX, and accordingly removing MIOC before it is
implemented will not impact the Exchange's competitiveness among
exchanges or other execution venues. In addition, the Exchange does not
believe that briefly delaying the changes to the Good-til-market close
TIF will place any burden on competition whatsoever because the TIF
will continue to be available unchanged until the Exchange has
adequately programmed and tested the proposed changes.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the 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, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange represents
that market participants have not expressed interest in the MIOC TIF.
The Exchange therefore argues that waiver of the operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to remove the MIOC TIF prior its
implementation, thereby serving to avoid investor confusion. The
Exchange also reasons that waiving the operative delay would allow the
Exchange to make the required technical and operational changes to the
GTMC TIF after the reconstitution of the Russell Indexes. Based on the
foregoing, the Commission finds that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
and hereby designates the proposal operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ 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).
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2015-66 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-Phlx-2015-66. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of 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-Phlx-2015-66,
and should be submitted on or before August 26, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12), (59).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19131 Filed 8-4-15; 8:45 am]
 BILLING CODE 8011-01-P


             "Teamwork" Helps to Prevent Tractor Lift Injuries
Picture courtesy of the National Maritime Safety Association Technical Committee
Picture courtesy of the National Maritime Safety Association Technical Committee
During the offloading of containers from semi-tractors by shore-side gantry cranes, semi-tractor drivers have the potential to be exposed to "jostling".   Such incidents occur when containers are lifted while they are still connected (either fully or partially connected by way of the locking mechanism) to the semi-tractor's chassis, causing the tractor to be lifted along with the container.   Sometimes while the container is being lifted, the locking mechanism on the chassis will disengage in midair, causing the chassis to fall to the ground, thus resulting in the semi-tractor operator being thrown about or "jostled" in the cab.  There have been incidents when semi-tractor operators have been lifted in their cab as much as 30 feet into the air.   "Teamwork" by all those involved is essential to help reduce semi-tractor lifting incidents and the injuries associated with jostling.  Below are recommended steps that should be followed to help prevent injuries suffered by semi-tractor drivers.
Methods to Prevent Lifting Incidents
Employers and their representatives (such as foremen, ship bosses, etc.) should ensure that workers are trained and use the following prevention methods before (such as gangway/pre-shift safety talks) and during the offloading of semi-tractors:
 Establish and maintain clear communication between the signalman and crane operator throughout the lift.
 Effectively communicate all changes from chassis to bomb-cart operations to and between signalmen and crane operators.
 Ensure pinmen check that locking pins and "dogs" are fully disengaged or unlocked before the container is lifted.
                 Picture courtesy of Eagle Marine Services, Ltd
                Picture courtesy of Eagle Marine Services, Ltd
Ensure the signalmen and semi-tractor drivers understand the importance of the chassis being properly aligned under the hook, and that semi-tractor drivers pay particular attention to signals to ensure proper alignment.  Ensure crane operators lift slowly and "float the load" and use their line of vision, signals and/or directions from workers on the ground to guide their lifts prior to hoisting.
 Ensure signalmen always check that the container and chassis are separated before giving the "all-clear" signal.
 Stress that all "lifting" incidents should be reported to the employer.
 Any semi-tractor operator who has experienced "jostling" should be checked for injuries.
 Red Tag and remove from service any chassis involved in a lifting incident.
Remember:
Teamwork and following established safety protocols are important in helping to reduce or prevent semi-tractor lifting incidents and serious injuries.


[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9769-9770]
[FR Doc No: 2011-3886]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 618-191]

Alabama Power Company; Notice of Application Accepted for Filing,
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Types of Application: Request for Temporary Variance of Minimum
Flow Requirement.
    b. Project Nos.: 618-191.
    c. Date Filed: February 10, 2011.
    d. Applicants: Alabama Power Company.
    e. Name of Projects: Jordan Dam Hydroelectric Project.
    f. Location: On the Coosa River, in Elmore, Chilton, and Coosa
Counties, Alabama.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Barry Lovett, Alabama Power Company, 600 18th
Street North, Birmingham, AL 35203-8180,<PHONE_NUMBER>.
    i. FERC Contact: Mr. Jeremy Jessup,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests, is 15 days from the issuance date of this notice. All
documents may be filed electronically via the Internet. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    Please include the project number (P-618-191) on any comments,
motions, or recommendations filed.
    k. Description of Request: Alabama Power Company (APC) is
requesting a temporary variance of the Jordan Dam Project's operation
relating to minimum flow requirements due to anticipated drought
conditions in the southeast, and to ensure, to the extent possible,
that there will be sufficient water available in the Coosa River to
support both reservoir and downstream environmental, municipal and
industrial water supply and navigation needs. APC is requesting a
variance to release from Jordan Dam no less than a continuous flow of
2,000 cfs,  5 percent, from the issuance date of an order
by the Commission through December 31, 2011. The licensee indicates
that, in 2011, it would be its intent to provide flows as close to
normal operation as possible, while maintaining flexibility to adjust
to changing drought conditions. Any adjustments that involve a
reduction in flows from Jordan Dam will be achieved by ramping down the
flows at an acceptable rate until the new target flow is achieved. The
licensee is also proposing to facilitate conference calls with the
resource agencies to discuss project flow releases and operations and
to address drought-related issues. APC would also provide appropriate
notice to the public of periods in which flows below the dam may be
modified.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
Bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: February 15, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3886 Filed 2-18-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 21, 2009 (Volume 74, Number 138)]
[Rules and Regulations]
[Page 35805-35807]
[DOCID:fr21jy09-18]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0513]
RIN 1625-AA00

Safety Zone; Access Destinations Fireworks Display, San Diego
Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of San Diego Bay in support of the Access Destinations
Fireworks. This temporary safety zone is necessary to provide for the
safety of the crew, spectators, and other users and vessels of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this temporary safety zone
unless authorized by the Captain of the Port or his designated
representative.

DATES: This rule is effective from 1 p.m. to 11 p.m. on July 30, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0513 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0513
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego; telephone<PHONE_NUMBER>,
e-mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the logistical arrangements of the
fireworks show were neither finalized nor presented to the Coast Guard
in enough time to draft and publish an NPRM, and any delay in the
effective date of this rule would expose members of the public to the
dangers associated with fireworks displays.
    For the same reasons, the Coast Guard also finds under 5 U.S.C.
553(d)(3) that good cause exists for making this rule

effective less than 30 days after publication in the Federal Register.

Background and Purpose

    The Access Destinations is sponsoring the Access Destinations
Fireworks, which will include a fireworks presentation originating from
the flight deck of the U.S.S. Midway in San Diego Bay. The safety zone
will encompass all navigable waters within 250 feet of any point of the
U.S.S. Midway, which will be located at approximately 32[deg]42'52'' N,
117[deg]10'35'' W.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8 p.m. to 10 p.m. on July 30, 2009. The safety zone is necessary
to provide for the safety of the crew, spectators, other members of the
public, and vessels on the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port or his
designated representative. The limits of the safety zone encompass all
navigable waters within 250 feet of any point of the U.S.S. Midway,
which will be located at approximately 32[deg]42'52'' N,
117[deg]10'35'' W.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below, we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the size, location, and short
duration of the safety zone. Commercial vessels will not be hindered by
the safety zone. Recreational vessels will not be allowed to transit
through the established safety zone during the specified times unless
authorized to do so by the Captain of the Port or his designated
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 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.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay from 8:00 p.m. to 10 p.m.
on July 30, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only two hours in the evening when vessel traffic
is low. Vessel traffic can pass safely around the zone. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts
via marine channel 16 VHF before the temporary safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

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.

Protection of Children

    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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not

likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
temporary safety zone for a marine event.
    An environmental analysis checklist 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.

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T11-213 to read as follows:

Sec.  165.T11-213  Safety Zone; Access Destinations Fireworks; San
Diego Bay, CA.

    (a) Location. The following area is a safety zone: All waters, from
surface to bottom, within 250 feet of any point on the U.S.S. Midway,
located at approximately 32[deg]42'52'' N, 117[deg]10'35'' W.
    (b) Enforcement period. This section will be enforced from 8 p.m.
to 10 p.m. on July 30, 2009. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, or petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, or local, state, or federal law enforcement vessels who have
been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Communications Center (COMCEN). The COMCEN may be contacted via VHF-FM
channel 16 or<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: July 6, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-17247 Filed 7-20-09; 8:45 am]

BILLING CODE 4910-15-P