From:  Self, Traci I<EMAIL_ADDRESS>Sent: Friday, September 16, 2016 1:20 PM To:  Gorog, Mark; Szekeres, Richard Cc: Jones, DonnaLee; Zavoda, Rich; Shelton, Randy E; Hill, John R Subject:  Pre-Notification U.S. EPS Coke ICR Testing

Also sent USPS

Traci I. Self | Environmental Manager ArcelorMittal Monessen LLC

Monessen Coke Plant | 345 Donner Ave Monessen, PA 15062

T +1<PHONE_NUMBER> | F +1<PHONE_NUMBER> | traci.self<EMAIL_ADDRESS>

<< U.S. EPA Coke ICR Testing Pre-Notification.pdf >>


[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Page 95124]
[FR Doc No: 2016-31095]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-24-000]

Portland Natural Gas Transmission System; Notice of Application

    Take notice that on December 12, 2016, Portland Natural Gas
Transmission System (PNGTS), 700 Louisiana Street, Suite 700, Houston,
TX 77002-2700, filed an application pursuant to section 7(c) of the
Natural Gas Act (NGA) and the Federal Energy Regulatory Commission's
(Commission) regulations seeking authorization to increase the
certificated capacity on PNGTS's wholly-owned north system from
Pittsburg, New Hampshire, to Westbrook, Maine, by 42,000 Mcf/d, all as
more fully described in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Additionally, pursuant to and in accordance with Section 3 of the
NGA, 15 U.S.C. Section 717b, Part 153 of the Commission's regulations,
18 CFR part 153, Executive Order 10485, as amended by Executive Order
12038, and Secretary of Energy Delegation Order No. 0204-112, PNGTS
requested authorization to increase its authorized import and export
capacity from 178,000 Mcf/d to 210,000 Mcf/d and to amend the
Presidential Permit issued to PNGTS on September 24, 1997, as amended
on November 18, 2003, in Docket No. CP96-248, et, al. to reflect such
an increase.\1\
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    \1\ See Portland Natural Gas Transmission System, 80 FERC ]
61,346 (1997); and 105 FERC ] 61,235 (2003).
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    PNGTS states that the authorizations requested will satisfy the
requirements of the Continent to Coast Expansion Project, which will
expand gas service delivery options for the New England market. PNGTS
proposes no construction or modifications to its existing system or
border crossing facilities in connection with this request and as such,
there are no costs associated with the project.
    Any questions regarding this application should be directed to
Robert Jackson, Manager, Certificates and Regulatory Administration,
Portland Natural Gas Transmission System, 700 Louisiana Street, Suite
700, Houston, Texas, or call<PHONE_NUMBER>, or by email
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on January 10, 2017.

    Dated: December 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31095 Filed 12-23-16; 8:45 am]
BILLING CODE 6717-01-P


428 Occupational Outlook Handbook percent earned less than $ 205, and the highest 10 percent earned more than $ 526. Median hourly earnings of graders and sorters, agricultural products were $ 7.11 in 2000. The middle 50 percent earned between $ 6.34 and $ 8.78. The lowest 10 percent earned less than $ 5.87, and the highest 10 percent earned more than $ 11.18. Median hourly earnings of agricultural inspectors were $ 13.75 in 2000. The middle 50 percent earned between $ 10.61 and $ 17.85. The lowest 10 percent earned less than $ 8.79, and the highest 10 percent earned more than $ 21.91. Few agricultural workers are members of unions.

Related Occupations The duties of farmworkers who perform outdoor labor are related to the work of fishers and fishing vessel operators; forest, conservation and logging workers; and grounds maintenance workers. Farmworkers who work with farm and ranch animals perform work related to that of animal care and service workers. The work of agricultural inspectors and graders and sorters is related to work performed by inspectors, testers, sorters, samplers, and weighers in manufacturing industries.

Sources of Additional Information Information on jobs as agricultural workers is available from: Ü National FFA Organization, The National FFA Center, Career Information Requests, P. O. Box 68690, Indianapolis, IN, 46268 0960. Internet: http:// www. ffa. org Information on farmworker jobs is available from: Ü The New England Small Farm Institute, 275 Jackson St., Belchertown, MA 01007. Internet: http:// www. smallfarm. org/ newoof/ companions. html Information on obtaining a position as an agricultural inspector with the Federal Government is available from the Office of Personnel Management ( OPM) through a telephone based system. Consult your telephone directory under U. S. Government for a local number or call ( 912) 757 3000; Federal Relay Service: ( 800) 877 8339. The first number is not tollfree, and charges may result Information also is available from the OPM Internet site: http:// www. usajobs. opm. gov Fishers and Fishing Vessel Operators ( O* NET 45 3011.00)

Significant Points ó Over 60 percent of the workers are self employed, among the highest proportion in the workforce.

ó Many jobs require strenuous work and long hours, and provide only seasonal employment.

ó Employment is projected to decline, due to depletion of fish stocks and new Federal and State laws restricting both commercial and recreational fishing.

Nature of the Work Fishers and fishing vessel operators catch and trap various types of marine life for human consumption, animal feed, bait, and other uses. ( Aquaculture   the raising and harvesting for commercial purposes of fish and other aquatic life in ponds or confined bodies of water   is covered in the Handbook statement on farmers, ranchers and agricultural managers.) Fishing hundreds of miles from shore with commercial fishing vessels   large boats capable of hauling a catch of tens of thousands of pounds of fish   requires a crew including a captain, or skipper, a first mate and sometimes a second mate, boatswain ( called a deckboss on some smaller boats), and deckhands with specialized skills. The fishing boat captain plans and oversees the fishing operation   the fish to be sought, the location of the best fishing grounds, the method of capture, the duration of the trip, and the sale of the catch. The captain ensures the fishing vessel is seaworthy; oversees the purchase of supplies, gear, and equipment such as fuel, netting, and cables; obtains the required fishing permits and licenses; and hires qualified crew members and assigns their duties. The captain plots the vessel's course, using navigation instruments and aids such as compasses, sextants, and charts, in addition to electronic navigational equipment such as autopilots, loran systems, and satellite navigation systems. Ships also use radar to avoid obstacles and depth sounders to indicate the water depth and the existence of marine life between the vessel and sea bottom. Sophisticated tracking technology allows captains to better locate and analyze schools of fish. The captain directs the fishing operation through the officers and records daily activities in the ship's log. Upon returning to port, the captain arranges for the sale of the catch   directly to buyers or through a fish auction   and ensures that each crew member receives the prearranged portion of adjusted net proceeds from the sale of the catch. Some captains have begun buying and selling fish via the Internet; and as electronic commerce grows as a method to find buyers for fresh catch, more captains may use computers. The first mate   the captain's assistant, who must be familiar with navigation requirements and the operation of all electronic equipment   assumes control of the vessel when the captain is off duty. Duty shifts, called watches, usually last 6 hours. The mate's regular duty, with the help of the boatswain and under the captain's oversight, is to direct the fishing operations and sailing responsibilities of the deckhands. These include the operation, maintenance, and repair of the vessel, and the gathering, preservation, stowing, and unloading of the catch. The boatswain, a highly experienced deckhand with supervisory responsibilities, directs the deckhands as they carry out the sailing and fishing operations. Before departure, the boatswain directs the deckhands to load equipment and supplies, either by hand or with hoisting equipment, and to untie lines from other boats and the dock. When necessary, boatswains repair fishing gear, equipment nets, and accessories. They operate the fishing gear, letting out and pulling in nets and lines. They extract the catch such as pollock, flounder, menhaden, and tuna, from the nets or lines' hooks. Deckhands use dip nets to prevent the escape of small fish and gaffs to facilitate the landing of large fish. They then wash, salt, ice, and stow away the catch. Deckhands also must ensure that decks are clear and clean at all times and the vessel's engines and equipment are kept in good working order. Upon return to port, they secure the vessel's lines to and from the docks and other vessels. Unless " lumpers" ( laborers or longshore workers) are hired, the deckhands unload the catch. Large fishing vessels that operate in deep water generally have technologically advanced equipment, and some may have facilities on board where the fish are processed and prepared for sale. Such vessels are equipped for long stays at sea and can perform the work of several smaller boats. Some full time and many part time fishers work on small boats in relatively shallow waters, often in sight of land. Navigation and communication needs are vital and constant for almost all types of boats. Crews are small   usually only one or two people collaborate on all aspects of the fishing operation. This may include placing gill nets across the mouths of rivers or inlets, entrapment nets in bays and lakes, or pots and traps for fish or shellfish such as Farming, Fishing, and Forestry Occupations 429 Although fishing has become more mechanized, netting and hauling the catch aboard is strenuous work.

lobsters and crabs. Dredges and scrapes are sometimes used to gather shellfish such as oysters and scallops. A very small proportion of commercial fishing is conducted as diving operations. Depending upon the water's depth, divers   wearing regulation diving suits with an umbilical ( air line) or a scuba outfit and equipment   use spears to catch fish and use nets and other equipment to gather shellfish, coral, sea urchins, abalone, and sponges. In very shallow waters, fish are caught from small boats having an outboard motor, from rowboats, or by wading or seining from shore. Fishers use a wide variety of hand operated equipment   for example, nets, tongs, rakes, hoes, hooks, and shovels   to gather fish and shellfish; catch amphibians and reptiles such as frogs and turtles; and harvest marine vegetation, such as Irish moss and kelp. Although historically most fishers were involved with the traditional commercial fishery, some captains and deckhands are primarily employed in support of the sport or recreational fishery. Typically, a group of people charter a fishing vessel   for periods ranging from several hours to a number of days   for sport fishing, socializing, and relaxation and employ a captain and possibly several deckhands. This industry had experienced significant growth in the 1970s and 1980s, but declined in the 1990s because of the limited availability of fish.

Working Conditions Fishing operations are conducted under various environmental conditions depending on the region of the country and the kind of species sought. Storms, fog, and wind may hamper fishing vessels. Divers are affected by murky water and unexpected shifts in underwater currents. In relatively busy fisheries, smaller boats have to take care not to be hit by larger vessels. Fishers and fishing vessel operators work under hazardous conditions and often help is not readily available. Malfunctioning navigation or communication equipment may lead to collisions or shipwrecks. Malfunctioning fishing gear poses the danger of injury to the crew, who also must guard against entanglement in fishing nets and gear, slippery decks resulting from fish processing operations, ice formation in the winter, or being swept overboard   a fearsome situation. Also, treatment for any serious injuries may have to await transfer to a hospital. Divers must guard against entanglement of air lines, malfunction of scuba equipment, decompression problems, and attacks by predatory fish. Fishers and fishing vessel operators face strenuous outdoor work and long hours. Commercial fishing trips may require a stay of several weeks, or even months   hundreds of miles away from home port. The pace of work may vary, but even during travel between home port and the fishing grounds, deckhands on smaller boats try to finish their cleaning duties so that there are no chores remaining to be done at port. However, lookout watches are a regular responsibility and crew members must be prepared to stand watch at prearranged times of the day or night. Although fishing gear has improved, and operations have become more mechanized, netting and processing fish are strenuous activities. Whereas newer vessels have improved living quarters and amenities, such as television and shower stalls, crews still experience the aggravations of confined conditions, continuous close personal contact, and the absence of family.

Employment Fishers and fishing vessel operators held an estimated 53,000 jobs in 2000. More than 6 out of 10 were self employed. Besides fishing conducted primarily to harvest food, some jobs involved sport fishing activities.

Training, Other Qualifications, and Advancement Fishers usually acquire occupational skills on the job, many as members of families involved in fishing activities. No formal academic requirements exist. Operators of large commercial fishing vessels are required to complete a Coast Guard approved training course. Students can expedite their entrance into these occupations by enrolling in 2 year vocational technical programs offered by secondary schools. In addition, some community colleges and universities offer fishery technology and related programs that include courses in seamanship, vessel operations, marine safety, navigation vessel repair and maintenance, health emergencies, and fishing gear technology. Courses include hands on experience. Secondary and postsecondary programs are normally offered in or near coastal areas. Experienced fishers may find short term workshops offered through various postsecondary institutions especially useful. These programs provide a good working knowledge of electronic equipment used in navigation and communication, and the latest improvements in fishing gear. Captains and mates on large fishing vessels of at least 200 gross tons must be licensed. Captains of sport fishing boats used for charter, regardless of size, must also be licensed. Crew members on certain fish processing vessels may need a merchant mariner's document. The U. S. Coast Guard issues these documents and licenses to individuals who meet the stipulated health, physical, and academic requirements. ( For information about merchant marine occupations, see the statement on water transportation occupations elsewhere in the Handbook.) Fishers must be in good health and possess physical strength. Good coordination, mechanical aptitude, and the ability to work under difficult or dangerous conditions are necessary to operate, maintain, and repair equipment and fishing gear. Fishers need stamina to work long hours at sea, often under difficult conditions. On large vessels, they must be able to work as members of a team. Fishers must be patient, yet always alert, to overcome the boredom of long watches, when not engaged in fishing operations. The ability to assume any deckhand's functions, on short notice, is important As supervisors, mates must be able to assume all duties, including the captain's, when necessary. The captain must be highly experienced, mature, decisive, and possess the business skills needed to run business operations. On fishing vessels, most fishers begin as deckhands. Deckhands who acquire experience and whose interests are in ship engineering   maintenance and repair of ship engines and equipment   can 430 Occupational Outlook Handbook eventually become licensed chief engineers on large commercial vessels, after meeting the Coast Guard's experience, physical, and academic requirements. Experienced, reliable deckhands who display supervisory qualities may become boatswains. Boatswains may, in turn, become second mates, first mates, and finally captains. Almost all captains become self employed, and the overwhelming majority eventually own, or have an interest in, one or more fishing ships. Some may choose to run a sport or recreational fishing operation When their seagoing days are over, experienced individuals may work in or, with the necessary capital, own stores selling fishing and marine equipment and supplies. Some captains may assume advisory or administrative positions in industry trade associations or government offices, such as harbor development commissions or in teaching positions in industry sponsored workshops or educational institutions. Divers in fishing operations can enter commercial diving activity   for example, repairing ships or maintaining piers and marinas   usually after completion of a certified training program sponsored by an educational institution or industry association.

Job Outlook Employment of fishers and fishing vessel operators is expected to decline through the year 2010. These occupations depend on the natural ability of fish stocks to replenish themselves through growth and reproduction, as well as on governmental regulation of fisheries Many operations are currently at or beyond maximum sustainable yield, partially because of habitat destruction, and the number of workers who can earn an adequate income from fishing is expected to decline. Job openings will arise from the need to replace workers who retire or leave the occupation. Some fishers and fishing vessel operators leave the occupation because of the strenuous and hazardous nature of the job and the lack of steady, year round income. In many areas, particularly the North Atlantic and Pacific Northwest damage to spawning grounds and excessive fishing have adversely affected the stock of fish and, consequently, the employment opportunities for fishers. In some areas, States have greatly reduced permits to fishers, to allow stocks of fish and shellfish to replenish themselves, idling many fishers. Other factors contributing to the projected decline in employment of fishers include the use of sophisticated electronic equipment for navigation, communication, and fish location; improvements in fishing gear, which have greatly increased the efficiency of fishing operations; and the use of highly automated floating processors, where the catch is processed aboard the vessel. Sport fishing boats will continue to provide some job opportunities.

Earnings The majority of fishers earn between $ 300 and $ 750 per week. Earnings of fishers and fishing vessel operators normally are highest in the summer and fall   when demand for services peaks and environmental conditions are favorable   and lowest during the winter. Many full time and most part time workers supplement their income by working in other activities during the off season. For example, fishers may work in seafood processing plants, establishments selling fishing and marine equipment, or in construction, or in a number of non related, seasonal occupations. Earnings of fishers vary widely, depending upon their position, ownership percentage of the vessel, size of ship, and the amount and value of the catch. The costs of the fishing operation   the physical aspects of operating the ship such as the fuel costs, repair and maintenance of gear and equipment, and the crew's supplies   are deducted from the sale of the catch. Net proceeds are distributed among the crew members in accordance with a prearranged percentage. Generally, the ship's owner   usually its captain   receives half of the net proceeds. From this, the owner pays for depreciation maintenance and repair, replacement and insurance costs of the ship and equipment; the money remaining is the owner's profit.

Related Occupations Other occupations that involve outdoor work with fish and watercraft include water transportation occupations and fish and game wardens.

Sources of Additional Information Names of postsecondary schools offering fishing and related marine educational programs are available from: Ü Marine Technology Society, 1828 L St. NW., Suite 906, Washington, DC 20036 5104. Internet: http:// www. mtsociety. org Information on licensing of fishing vessel captains and mates, and requirements for merchant mariner documentation, is available from the U. S. Coast Guard Marine Inspection Office or Marine Safety Office in your State, or: Ü Office of Compliance, Commandant ( G MOC 3) 2100 Second St. SW., Washington, DC 20593. Ü Licensing and Evaluation Branch, National Maritime Center, 4200 Wilson Blvd., Suite 630, Arlington, VA 22203 1804.

Forest, Conservation, and Logging Workers ( O* NET 45 4011.00, 45 4021.00, 45 4022.01, 45 4023.00)

Significant Points ó Workers spend all their time outdoors, sometimes in poor weather and often in isolated areas.

ó Most jobs are physically demanding and can be hazardous.

ó A small decline is expected in overall employment.

Nature of the Work The Nation's forests are a rich natural resource, providing beauty and tranquillity, varied recreational areas, and wood for commercial use. Managing forests and woodlands requires many different kinds of workers. Forest and conservation workers help develop, maintain, and protect these forests by growing and planting new tree seedlings, fighting insects and diseases that attack trees, and helping to control soil erosion. Timber cutting and logging workers harvest thousands of acres of forests each year for the timber that provides the raw material for countless consumer and industrial products. Forest and conservation workers perform a variety of tasks to reforest and conserve timberlands and maintain forest facilities, such as roads and campsites. Some forest workers, called tree planters, use digging and planting tools called " dibble bars" and " hoedads" to plant tree seedlings to reforest timberland areas. Forest workers also remove diseased or undesirable trees with a powersaw or handsaw and spray trees with insecticides to kill insects and to protect against disease and herbicides to reduce competing vegetation. Forest workers in private industry usually work for professional foresters and paint boundary lines, assist with prescribed burning, and aid in tree marking and measuring by keeping a tally of the trees examined and counted. Those who work for State and local governments or under contract to the Federal Government also clear


[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Notices]
[Pages 60280-60281]
[FR Doc No: 2013-23785]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9901-56-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed
consent decree to address a lawsuit filed by WildEarth Guardians in the
United States District Court for the District of Colorado: WildEarth
Guardians v. McCarthy, Civil Action No. 1:12-cv-03307. On December 19,
2012, Plaintiffs filed a complaint alleging that EPA failed to perform
a mandatory duty under CAA section 110(k)(2) to take final action on
three State Implementation Plan (SIP) revisions submitted to EPA by the
State of Colorado on June 18, 2009. On May 2, 2013, Plaintiffs filed an
amended complaint alleging that EPA failed to take final action on
several other SIP submissions from the States of Colorado, North
Dakota, South Dakota, and Utah. The proposed consent decree would
establish deadlines for EPA to take action on these submissions.

DATES: Written comments on the proposed consent decree must be received
by October 31, 2013.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0702, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Susmita Dubey, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by
WildEarth Guardians (``Plaintiffs'') seeking to compel the
Administrator to take actions under CAA sections 110(k)(2) to take
action on several SIP submissions from the States of Colorado, North
Dakota, South Dakota, and Utah. These SIP revisions were submitted to
EPA between June of 2009 and June of 2011. Section 110(k)(2) requires
EPA to take action on SIP revisions within twelve months of the
submission of a SIP revision that has been determined to be or deemed
to be complete. EPA did not take action on the SIP revisions listed
above within the statutory deadline and this is the basis for the
Plaintiffs' mandatory duty lawsuit at issue in the proposed consent
decree.
    The proposed consent decree would require EPA to sign a notice of
final action to approve, disapprove, approve in part and disapprove in
part, or conditionally approve the above-listed SIP revisions by the
specific dates identified in the proposed consent decree. The proposed
consent decree would also require EPA, following signature of the
notices of final action on the SIP revisions, to promptly submit such
notices to the Office of the Federal Register for review and
publication in the Federal Register. After EPA fulfills its obligations
under the proposed consent decree, the consent decree would be
terminated and the case dismissed. In addition, the proposed consent
decree contains a provision addressing Plaintiffs' attorneys' fees,
costs, and expenses incurred in this litigation.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who are not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the consent decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2013-0702) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: September 23, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-23785 Filed 9-30-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 109 (Friday, June 6, 2014)]
[Notices]
[Pages 32799-32801]
[FR Doc No: 2014-13105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72288; File No. SR-MIAX-2014-17]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Exchange Rules 515, 519 and 529

June 2, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 20, 2014, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rules 515, 519
and 529.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, 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 recently amended Rules 515 and 529 to establish a new
price protection for market participants and to allow for immediate
routing in an additional situation.\3\ The Exchange has identified
several additional enhancements to the price protections that the
Exchange believes should be included in the rules prior to deployment
of the new price protection functionality. The Exchange proposes to
amend Exchange Rules 515, 519 and 529 accordingly.
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    \3\ See Securities Exchange Act Release Nos. 71634 (February 28,
2014), 79 FR 12713 (March 6, 2014) (SR-MIAX-2014-08); 71968 (April
17, 2014), 79 FR 22749 (April 23, 2014) (SR-MIAX-2014-08).
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    The Exchange proposes to amend Rule 515(c)(2) to provide that at
the end of a liquidity refresh pause timer the initiating order and any
same side joiners received during the timer will trade against the
opposite side interest in the order in which they were received at
multiple price points up to the current NBBO. Currently, Rule 515(c)
provides that at the end of a liquidity refresh timer that all orders
and quotes that were not completely filled or cancelled would be
reevaluated for execution pursuant to Rule 515. The current language
does not contemplate executions at the end of the liquidity refresh
pause at multiple price points but only at the original NBBO price
provided that it does not trade inferior to the current NBBO. Under the
current language, executions at multiple price points would only be
possible through the iterative reevaluation process described in Rule
515. The Exchange believes that the current language is unnecessarily
restrictive for executions at the end of a liquidity refresh pause
given that Rule 515 now provides for executions at multiple price
points. The

Exchange believes that allowing the initiating order and any same side
joiners received during the timer to trade against the opposite side
interest (i.e., AOC responses) at multiple price points up to the
current NBBO, will provide greater opportunities for executions while
still keeping in place the overall level of protections provided by the
new multiple variable price protections in Rule 515. The Exchange notes
that executions would still have to be bound by the current NBBO; and
unexecuted orders and quotes would still be subject to the iterative
reevaluation process in Rule 515.
    The Exchange also proposes new Interpretations and Policies .03 to
Rule 515 to provide that the System will cap individual responses
received during a liquidity refresh pause timer on the opposite side
from an the initiating order to the size of the initiating order and
any same side joiners received during the liquidity refresh pause timer
for purposes of pro-rata allocation against the initiating order and
any same side joining interest received during the liquidity refresh
pause. Capping the size of responses for purposes of pro-rata
allocation is designed to reduce the possibility of gaming the
allocation through the submission of an oversized order. The current
Rule is silent on how the allocation will occur in the situation of an
oversized response during a liquidity refresh pause. The Exchange
believes that adding the additional language regarding a cap applied to
individual responses will help clarify the allocation of executions at
the end of the liquidity refresh pause so that market participants more
clearly understand the treatment of their orders and quotes during the
liquidity refresh pause and also help reduce fraudulent and
manipulative acts by market participants to alter the pro-rata
allocation.
    Similarly, the Exchange proposes new Interpretations and Policies
.01 to Rule 529 to provide that the System will cap individual
responses received during a route timer on the opposite side from an
the initiating order to the size of the initiating order, managed
interest, and any same side joiners received during the route timer for
purposes of pro-rata allocation against the initiating order, managed
interest, and any same side joining interest received during the route
timer. As stated above, capping the size of responses for purposes of
pro-rata allocation is designed to reduce the possibility of gaming the
allocation through the submission of an oversized order. The current
Rule is silent on how the allocation will occur in the situation of an
oversized response during a route timer. The Exchange believes that
adding the additional language regarding a cap applied to individual
responses will help clarify the allocation of executions at the end of
the route timer so that market participants more clearly understand the
treatment of their orders and quotes during the route timer and also
help reduce fraudulent and manipulative acts by market participants to
alter the pro-rata allocation.
    The Exchange also proposes to amend Rule 519 to extend the MIAX
Order Monitor protections for market orders to sell to orders subject
to reevaluation pursuant to Rule 515. Currently, the MIAX Order Monitor
protections only apply to orders upon initial receipt in order to avoid
the occurrence of potential obvious or catastrophic errors on the
Exchange. For market orders to sell, the Exchange proposed to provide
that both upon initial receipt and reevaluation that a market order to
sell an option when the national best bid is zero and the Exchange's
disseminated offer is equal to or less than $0.10, the System will
convert the market order to sell to a limit order to sell with a limit
price of one Minimum Trading Increment. In this case, such sell orders
will automatically be placed on the Book in time priority and will be
displayed at the appropriate Minimum Price Variation. Separately, if
the Exchange upon initial receipt or reevaluation evaluates a market
order to sell an option when the national best bid is zero and the
national best offer is greater than $0.10, the System will cancel the
market order to sell. The proposed change is designed to protect
investors and the public interest by extending the protections for sell
market orders that apply currently only upon receipt to when such
orders are reevaluated pursuant to the new multiple variable price
protections in Rule 515.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) \4\ of the Act in general, and furthers the
objectives of Section 6(b)(5) \5\ of the Act in particular, in that it
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 facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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    The proposal to allow the trading at multiple price points up to
the current NBBO at the end of the liquidity refresh pause timer will
provide greater opportunities for executions while still keeping in
place the overall level of protections provided by the new multiple
variable price protections in Rule 515 in a manner that promotes the
protection of investors and the public interest. The Exchange believes
that adding the additional language regarding a cap applied to
individual responses will help clarify the allocation of executions at
the end of the liquidity refresh pause timer and the route timer so
that market participants more clearly understand the treatment of their
orders and quotes during such timers and also help reduce fraudulent
and manipulative acts by market participants to alter the pro-rata
allocation.
    The proposed change to extend the MIAX Order Monitor protections
for sell market orders subject to reevaluation is designed to promote
just and equitable principles of trade by extending the protections for
sell market orders that apply currently only upon receipt to when such
orders are reevaluated pursuant to the new multiple variable price
protections in Rule 515 in a manner that also promotes the protection
of 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
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes the proposed changes will not impose any burden on intra-
market competition because it applies to all MIAX participants equally.
In addition, the Exchange does not believe the proposal will impose any
burden on inter-market competition as the proposal is intended to
protect investors by providing further enhancements and transparency
regarding the Exchange's price protection functionality.

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 Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
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 prior to
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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because waiver would
allow the Exchange to implement its new price protection functionality,
which has already been subject to notice and comment and approved by
the Commission, without further delay. Specifically, the current
proposal extends MIAX's price protection and order monitor
functionality to additional trading processes and also applies MIAX's
cap on responses for purposes of pro rata allocation to the route timer
and liquidity refresh pause timer in a manner that does not raise new
or novel issues and should facilitate executions on MIAX in a manner
consistent with the protection of investors and the public interest.
Accordingly, the Commission hereby grants the Exchange's request and
designates the proposal operative upon filing.\10\
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    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of this proposed rule
change, the Commission summarily may temporarily suspend this rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2014-17 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-MIAX-2014-17. 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 this 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 publicly available. All
submissions should refer to File Number SR-MIAX-2014-17 and should be
submitted on or before June 27, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13105 Filed 6-5-14; 8:45 am]
BILLING CODE 8011-01-P