[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Notices]
[Page 29131]
[FR Doc No: 2018-13465]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0278]

Notice of Policy Implementing the 2016 Amendments to STCW in
Support of the Polar Code

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy; request for comments.

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SUMMARY: The Coast Guard is announcing the availability of CG-MMC
Policy Letter No. 02-18 titled ``Guidelines for Qualifications of
Personnel for Issuing STCW Endorsements for Basic and Advanced Polar
Code Operations.'' This policy provides guidance for the issuance of
Merchant Mariner Credential endorsements in accordance with the
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, 1978, as amended, for Basic and Advanced
Polar Code Operations. This policy is effective today, but the Coast
Guard requests public comments on it.

DATES: This policy is effective on June 22, 2018.
    Comments and related material must be received by the Coast Guard
on or before September 20, 2018.

ADDRESSES: Policy Letter No. 02-18 is available in docket number USCG-
2018-0278 on http://www.regulations.gov. You may also submit comments
identified at that same online docket. See the ``Public Participation
and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION
section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this policy,
contact Cathleen Mauro CG-MMC-1 by phone at<PHONE_NUMBER> or by email
at [email protected],mil.

SUPPLEMENTARY INFORMATION: The International Maritime Organization
(IMO) adopted the International Code for Ships Operating in Polar
Waters, commonly referred to as the Polar Code, to address safety and
environmental requirements for ships and the level of training required
for deck officers serving on them. The Polar Code came into force on
January 1, 2017.
    The International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978, as amended, (STCW)
Convention and Code is the instrument that provides the international
standards for seafarer training. Through the work of the IMO's Sub-
committee on Human Element, Training and Watchkeeping, amendments to
the STCW Convention and Code were developed to define the training
requirements supporting the implementation of the Polar Code. These
amendments provide minimum standards of competence, sea service and
training requirements for certification at the basic and advanced
levels. They also contain transitional provisions for mariners with
experience operating in polar waters to meet the new requirements.
These amendments enter into force on July 1, 2018. After this date,
deck officers on ships operating in polar waters will be required to
have a Merchant Mariner Credential (MMC) endorsement in Basic or
Advanced Polar Code operations.
    To address the gap between the time the Polar Code entered into
force (January 2017) and the time the supporting STCW amendments enter
into force (July 2018), the Coast Guard provided CG-OES Policy Letter
No. 01-16, ``Guidelines for Training of Personnel on Ships Subject to
the Polar Code'' (81 FR 7552, Feb. 12, 2016).
    CG-OES Policy Letter No. 01-16 was an interim measure to ensure
there would be sufficiently trained U.S. mariners by the time the Polar
Code entered into force. The Coast Guard did not issue endorsements to
mariners who completed training in accordance with that policy.
    Cognizant of the approaching date that the STCW amendments enter
into force, the Coast Guard will issue STCW endorsements in Basic and
Advanced Polar Code Operations to mariners who have voluntarily
fulfilled the STCW requirements and who request the endorsement. CG-MMC
policy letter No. 02-18 provides information on how to request the
endorsement. These endorsements are not currently mandated by Coast
Guard regulation; however, since the United States is signatory to the
STCW Convention, vessel owners and operators should be aware that their
vessels are subject to foreign port state control actions including
detention if mariners are not compliant with the STCW Convention and
Code.
    The policy letter is effective today, and the National Maritime
Center is now accepting applications for Polar Code Operations
endorsements. We request public comments on the policy letter,
including the instructions for requesting endorsements, so that we may
improve the letter if needed.

Public Participation and Request for Comments

    We view public participation as essential to effective policy
development, and will consider all comments and material received
during the comment period. If you submit a comment, please include the
docket number for this action, and indicate the specific section of CG-
MMC Policy Letter No. 02-18 to which your comment applies. Please make
your comments as specific as possible, and include any applicable
supporting data or other information, such as cost information, you may
have.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov, using the instructions on that
website. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Additionally, if you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or if a final
rule is published.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.

    Authority: We issue this notice of policy availability under the
authority of 5 U.S.C. 552(a) and 46 U.S.C. 7101.

    Dated: June 19, 2018.
Jeffrey G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2018-13465 Filed 6-21-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]
[Page 31823-31825]
[DOCID:fr04jn10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62193; File No. SR-CBOE-2010-043]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change To Enable the
Listing and Trading of Options on the Sprott Physical Gold Trust

May 28, 2010.
    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 11, 2010, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``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.
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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

    CBOE proposes to amend certain rules to enable the listing and
trading on the Exchange of options on the Sprott Physical Gold Trust.
The text of the rule proposal is available on the Exchange's Web site
(http://www.cboe.org/legal), at the Exchange's Office of the Secretary
and at the Commission.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    Recently the U.S. Securities and Exchange Commission (``SEC'' or
``Commission'') authorized CBOE to list and trade options on the SPDR
Gold Trust,\3\ the iShares COMEX Gold Trust, the iShares Silver
Trust,\4\ the ETFS Silver Trust and the ETFS Gold Trust,\5\ the ETFS
Palladium Trust and the ETFS Platinum Trust.\6\ Now, the Exchange
proposes to list and trade options on the Sprott Physical Gold Trust
(``PHYS'').
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    \3\ See Securities Exchange Act Release No. 57897 (May 30,
2008), 73 FR 32061 (June 5, 2008) (order approving SR-CBOE-2005-11).
    \4\ See Securities Exchange Act Release No. 59055 (December 4,
2008), 73 FR 75148 (December 10, 2008) (order approving SR-CBOE-
2008-72).
    \5\ See Securities Exchange Act Release No. 61483 (February 3,
2010) (order approving SR-CBOE-2010-007).
    \6\ See Securities Exchange Act Release No. 61892 (April 13,
2010), 75 FR 20649 (April 20, 2010) (order approving SR-CBOE-2010-
015).
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    Under current Rule 5.3, only Units (also referred to herein as
exchange traded fund (``ETFs'')) representing (i) interests in
registered investment companies (or series thereof) organized as open-
end management investment companies, unit investment trusts or similar
entities that hold portfolios of securities and/or financial
instruments including, but not limited to, stock index futures
contracts, options on futures, options on securities and indexes,
equity caps, collars and floors, swap agreements, forward contracts,
repurchase agreements and reverse purchase agreements (the ``Financial
Instruments''), and money market instruments, including, but not
limited to, U.S. government securities and repurchase agreements (the
``Money Market Instruments'') comprising or otherwise based on or
representing investments in indexes or portfolios of securities and/or
Financial Instruments and Money Market Instruments (or that hold
securities in one or more other registered investment companies that
themselves hold such portfolios of securities and/or Financial
Instruments and Money Market Instruments); or (ii) interests in a trust
or similar entity that holds a specified non-U.S. currency deposited
with the trust or similar entity when aggregated in some specified
minimum number may be surrendered to the trust by the beneficial owner
to receive the specified non-U.S. currency and pays the beneficial
owner interest and other distributions on deposited non-U.S. currency,
if any, declared and paid by the trust; or (iii) commodity pool
interests principally engaged, directly or indirectly, in holding and/
or managing portfolios or baskets of securities, commodity futures
contracts, options on commodity futures contracts, swaps, forward
contracts and/or options on physical commodities and/or non-U.S.
currency (``Commodity Pool Units''); or (iv) represent interests in the
streetTRACKS Gold Trust or the iShares COMEX Gold Trust or the iShares
Silver Trust or the ETFS Silver Trust or the ETFS Gold Trust or the
ETFS Palladium Trust or the ETFS Platinum Trust; or (v) represents an
interest in a registered investment company (``Investment Company'')
organized as an open-end management investment company or similar
entity, that invests in a portfolio of securities selected by the
Investment Company's investment adviser consistent with the Investment
Company's investment objectives and policies, which is issued in a
specified aggregate minimum number in return for a deposit of a
specified portfolio of securities and/or a cash amount with a value
equal to the next determined net asset value (``NAV''), and when
aggregated in the same specified minimum number, may be redeemed at a
holder's request, which holder will be paid a specified portfolio of
securities and/or cash with a value equal to the next determined NAV
(``Managed Fund Share'') are eligible as underlying securities for
options traded on the Exchange.\7\ This rule change proposes to expand
the types of ETFs that may be approved for options trading on the
Exchange to include the Sprott Physical Gold Trust.
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    \7\ See Interpretation and Policy .06 to Rule 5.3.
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    Apart from allowing Sprott Physical Gold Trust to be an underlying
for options traded on the Exchange as described above, the listing
standards for ETFs will remain unchanged from those that apply under
current Exchange rules. ETFs on which options may be listed and traded
must still be listed and traded on a national securities exchange and
must satisfy the other listing standards set forth in Interpretation
and Policy .06 to Rule 5.3.
    Specifically, in addition to satisfying the aforementioned listing
requirements, Units must meet either (1) the criteria and guidelines
under Rule 5.3 and Interpretation and Policy .01 to Rule 5.3, Criteria
for Underlying Securities; or (2) they must be available for creation
or redemption each

business day from or through the issuer in cash or in kind at a price
related to net asset value, and the issuer must be obligated to issue
Units in a specified aggregate number even if some or all of the
investment assets required to be deposited have not been received by
the issuer, subject to the condition that the person obligated to
deposit the investments has undertaken to deliver the investment assets
as soon as possible and such undertaking is secured by the delivery and
maintenance of collateral consisting of cash or cash equivalents
satisfactory to the issuer, as provided in the respective prospectus.
    The Exchange states that the current continued listing standards
for options on ETFs will apply to options on the Sprott Physical Gold
Trust. Specifically, under Interpretation and Policy .08 to Rule 5.4,
options on Units may be subject to the suspension of opening
transactions as follows: (1) Following the initial twelve-month period
beginning upon the commencement of trading of the Units, there are
fewer than 50 record and/or beneficial holders of the Units for 30 or
more consecutive trading days; (2) the value of the index or portfolio
of securities, non-U.S. currency, or portfolio of commodities including
commodity futures contracts, options on commodity futures contracts,
swaps, forward contracts and/or options on physical commodities and/or
Financial Instruments and Money Market Instruments on which Units are
based is no longer calculated or available; or (3) such other event
occurs or condition exists that in the opinion of the Exchange makes
further dealing on the Exchange inadvisable.
    Additionally, the Sprott Physical Gold Trust shall not be deemed to
meet the requirements for continued approval, and the Exchange shall
not open for trading any additional series of option contracts of the
class covering the Sprott Physical Gold Trust, if the Sprott Physical
Gold Trust ceases to be an ``NMS stock'' as provided for in paragraph
(f) of Interpretation and Policy .01 of Rule 5.4 or the Sprott Physical
Gold Trust is halted from trading on its primary market.
    The addition of the Sprott Physical Gold Trust to Interpretation
and Policy .06 to Rule 5.3 will not have any effect on the rules
pertaining to position and exercise limits \8\ or margin.\9\
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    \8\ See Rules 4.11, Position Limits, and 4.12, Exercise Limits.
    \9\ See Rule 12.3, Margin Requirements.
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    The Exchange represents that its surveillance procedures applicable
to trading in options on the Sprott Physical Gold Trust will be similar
to those applicable to all other options on other Units currently
traded on the Exchange. The Exchange represents that its surveillance
procedures applicable to trading in options on the Sprott Physical Gold
Trust will be similar to those applicable to all other options on other
ETFs currently traded on the Exchange. Also, the Exchange may obtain
information from the New York Mercantile Exchange, Inc. (``NYMEX'') (a
member of the Intermarket Surveillance Group) related to any financial
instrument that is based, in whole or in part, upon an interest in or
performance of gold.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \10\ of the Act, in general, and furthers the objectives
of Section 6(b)(5) \11\ 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, and to
remove impediments to and perfect the mechanisms of a free and open
market in a manner consistent with the protection of investors and the
public interest. In particular, the Exchange believes that amending its
rules to accommodate the listing and trading of options on the Sprott
Physical Gold Trust will benefit investors by providing them with
valuable risk management tools.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2010-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2010-043. 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make

available publicly. All submissions should refer to File Number SR-
CBOE-2010-043 and should be submitted on or before June 25, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-13437 Filed 6-3-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36436-36438]
[FR Doc No: 2016-12606]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-4232; Directorate Identifier 2015-CE-043-AD;
Amendment 39-18538; AD 2016-11-11]
RIN 2120-AA64

Airworthiness Directives; EVEKTOR, spol. S.r.o. Gliders

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
EVEKTOR, spol. s.r.o. Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders
(type certificate previously held by AEROTECHNIK s.r.o.). This AD
results from mandatory continuing airworthiness information (MCAI)
issued by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as lack of distinct color marking of the elevator
drive. We are issuing this AD to require actions to address the unsafe
condition on these products.

DATES: This AD is effective July 12, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 12,
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
4232; or in person at Document Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
    For service information identified in this AD, contact EVEKTOR,
spol. s.r.o, Letecka 1008, 686 04 Kunovice, Czech Republic; phone: +420
572 537 428; email<EMAIL_ADDRESS>Internet: http://www.evektor.cz/en/sales-and-support. You may view this referenced
service information at the FAA, Small

Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2016-4232.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to EVEKTOR, spol. s.r.o.
Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders. The NPRM was
published in the Federal Register on March 4, 2016 (81 FR 11475). The
NPRM proposed to correct an unsafe condition for the specified products
and was based on mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country. The MCAI
states:

    Colour marking of elevator drive is not inspected or re-painted
during sailplane operation. The elevator drive is asymmetrical and
improper installation causes significant elevator deflection
changes.

    The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/#!documentDetail;D=FAA-2016-4232-0003.
    A review of records revealed that the FAA inadvertently did not
address this MCAI for the EVEKTOR, spol. s.r.o. Models L 13 SEH VIVAT
and L 13 SDM VIVAT gliders and the BLANIK LIMITED Model L-13 AC Blanik
gliders. This AD addresses this MCAI for the EVEKTOR, spol. s.r.o.
Models L 13 SEH VIVAT and L 13 SDM VIVAT gliders and requires painting
or re-painting the elevator drive mechanism a contrasting color to
prevent the backward installation of the elevator drive bellcrank.
    The FAA is addressing the BLANIK LIMITED Model L-13 AC Blanik
gliders in another AD action.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (81 FR 11475, March 4,
2016) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (81 FR 11475, March 4, 2016) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (81 FR 11475, March 4, 2016).

Related Service Information Under 1 CFR Part 51

    We reviewed AEROTECHNIK CZ s.r.o. Mandatory Service Bulletin SEH
13-003a, dated December 15, 1998. The service information describes
procedures for painting the left arm of the elevator drive. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section of the AD.

Costs of Compliance

    We estimate that this AD will affect 9 products of U.S. registry.
We also estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $10 per product.
    Based on these figures, we estimate the cost of the AD on U.S.
operators to be $855, or $95 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
4232; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

     Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2016-11-11 EVEKTOR, spol. s.r.o.: Amendment 39-18538; Docket No.
FAA-2016-4232; Directorate Identifier 2015-CE-043-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 12,
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to EVEKTOR, spol. s.r.o. L 13 SEH VIVAT and L 13
SDM VIVAT gliders (type certificate previously held by AEROTECHNIK
s.r.o.), all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as lack of distinct
color marking of the elevator drive. We are issuing this AD to
prevent inadvertent backward installation of the elevator drive,
which could cause significant elevator deflection changes and lead
to loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (f)(2) of this AD.
    (1) Within the next 3 calendar months after July 12, 2016 (the
effective date of this AD), paint the elevator drive mechanism using
a contrasting color (such as red) following the procedures in
AEROTECHNIK CZ s.r.o. issued Mandatory Service Bulletin SEH 13-003a,
dated December 15, 1998.
    (2) As of July 12, 2016 (the effective date of this AD), only
install an elevator bellcrank that has been painted as specified in
paragraph (f)(1) of this AD and that has been properly oriented to
make sure it is not being installed backward.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI Civil Aviation Authority AD CAA-AD-4-099/98, dated
December 30, 1998, for related information. The MCAI can be found in
the AD docket on the Internet at: https://www.regulations.gov/#!documentDetail;D=FAA-2016-4232-0003.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) AEROTECHNIK CZ s.r.o. issued Mandatory Service Bulletin SEH
13-003a, dated December 15, 1998.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
EVEKTOR, spol. s.r.o, Letecka 1008, 686 04 Kunovice, Czech Republic;
phone: +420 572 537 428; email<EMAIL_ADDRESS>Internet: http://www.evektor.cz/en/sales-and-support.
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-4232.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on May 23, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-12606 Filed 6-6-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1615-1618]
[FR Doc No: 2019-00793]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2018-0642; FRL-9988-94-Region 7]

Air Plan Approval; Iowa; State Implementation Plan and Operating
Permits Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Iowa State Implementation Plan (SIP) and the Operating
Permits Program. The revisions include updating definitions, clarifying
permit rule exemptions and permit-by-rule regulations, revising methods
and procedures for performance test/stack test and continuous
monitoring systems, and updating the Prevention of Significant
Deterioration (PSD) regulations and Operating Permits Program. In
addition, the State has removed its rules that implement the Clean Air
Interstate Rule (CAIR) and revised their acid rain rules. These
revisions will not impact air quality and will ensure consistency
between the state and federally approved rules.

DATES: This final rule is effective on March 7, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2018-0642. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of the SIP and Operating
Permit Plan revisions been met?
IV. The EPA's Response to Comments
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background

    On October 2, 2018, the EPA proposed to approve in the Federal
Register revisions to the Iowa State Implementation Plan (SIP) and the
Operating Permits Program. See 83 FR 49509. The revisions update and
clarify rules and make minor revisions and corrections. Approval of
these revisions will ensure consistency between the state and
federally-approved rules, and ensure Federal enforceability of the
state's revised air program rules.
    The EPA received comments from two sources prior to the close of
the comment period. A detailed discussion of Iowa's SIP revisions and
the Operating Permits Program revisions were provided in the proposed
rule and will not be restated here, except to the extent relevant to
our response to the public comments we received.

II. What is being addressed in this document?

    The EPA is taking final action to approve the revisions to the Iowa
SIP and the State's Operating Permits Program. These revisions:
     Update the definition for EPA reference method and
volatile organic compounds (VOCs);
     Clarify permit rule exemptions and the State's permit-by-
rule regulation;
     Update methods and procedures for performance test/stack
test and continuous monitoring systems.
     Rescind State rules that implement the CAIR;
     Revise the State's Prevention of Significant Deterioration
(PSD) regulations to incorporate the most recent Federal requirements;
     Revise the State's Operating Permits Program by revising
the definition for EPA Reference Method, clarifying insignificant
activities as applied to internal combustion engines, revising forms
used to submit emission inventories and due dates as well as revising
the public participation rules; and
     Revise the State's acid rain rules to include the most
recent EPA Reference Method.
    As noted in the proposed rule, the EPA is not acting on Chapter
25.2--Continuous emission monitoring under

the acid rain program, as these provisions are not approved in the
operating permits program. EPA is also not acting on the New Source
Performance Standards, emission standards for hazardous air pollutants,
emission standards for hazardous air pollutants for source categories,
and emission guidelines that were submitted in this SIP revision. These
will be addressed separately in a future action.
    Chapters with revisions are as follows:

 Chapter 22--Controlling Pollution
 Chapter 25--Measurement of Emissions
 Chapter 30--Fees
 Chapter 33--Special Regulations and Construction Permit
Requirements for Major Stationary Sources--Prevention of Significant
Deterioration (PSD) of Air Quality
 Chapter 34--Provisions for Air Quality Emissions Trading
Programs

III. Have the requirements for approval of the SIP and Operating Permit
Plan revisions been met?

    The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the proposal
published in the Federal Register on October 2, 2018, these revisions
meet the substantive SIP requirements of the Clean Air Act (CAA),
including section 110 and implementing regulations. See 83 FR 49509.
These revisions are also consistent with applicable requirements of
title V of the CAA and 40 CFR part 70.

IV. The EPA's Response to Comments

    The public comment period for the EPA's proposed rule opened
October 2, 2018, the date of its publication in the Federal Register,
and closed on November 1, 2018. During this period, the EPA received
comments from two commenters with three comments. One of the commenters
was supportive of the EPA's proposed approval of the State's rescission
of its CAIR regulations. Below are adverse comments with the EPA's
responses.
    First commenter, comment 1: The commenter is opposed to the State's
rule revisions that allow PSD permit notices to be published on a
website instead of a newspaper. The commenter's concern is that lower
income and lower education level communities are not as likely to have
internet access and thus are unlikely to learn about the public notices
and comment periods. The commenter recommends retaining the requirement
to post public notices for PSD permits in local newspapers for the
affected areas and posting notices on a public website.
    The EPA's response to comment 1: Iowa revised its PSD public
participation procedures in 567 Iowa Administrative Code (IAC) 33.3(17)
to be consistent with Federal PSD public participation procedures in 40
CFR 51.166(q)(2). The EPA responded to similar concerns such as those
raised by the commenter when it promulgated changes to the public
notice provisions in CAA Permitting programs in 40 CFR 51.166, and
stated that the EPA's final rule did not preclude a permitting
authority from providing supplemental notification to the public, such
as a supplemental notice in a newspaper (81 FR 71613, October 2, 2018).
Accordingly, the changes to the State's PSD permit public notice
requirements provide for notification via other means if necessary to
ensure adequate notice to the affected public. Because Iowa's PSD
permit public notice provisions meet the minimum criteria for notifying
the public of the availability of PSD permitting information in 40 CFR
51.166(q)(2), EPA is approving the State's rule revision into the SIP
without modification.
    Second commenter, comment 2: The second commenter expressed concern
that the compound 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane
(HFE-347pcf2) is being excluded from the state definition of a
``volatile organic compounds'' (VOC). Specifically, the commenter is
concerned about potential adverse health effects from exposure to HFE-
347pcf2 and requested that the State be required to continue to monitor
levels of this compound for a period of time following the approval of
the SIP revisions.
    The EPA's response to comment 2: The State excluded HFE-347pcf2
from the definition of VOC in 567 IAC 20.2 to be consistent with the
Federal definition of VOC in 40 CFR 51.100. The EPA has removed HFE-
347pcf2 from the definition of VOC because this compound makes a
negligible contribution to tropospheric ozone formation (81 FR 50330,
August 1, 2016). The EPA discussed similar health concerns such as
those raised by the commenter when it promulgated changes to the
Federal definition of VOC to exclude HFE-347pcf2, and discussed another
Federal regulatory program, the Toxic Substances Control Act (TSCA),
that allows EPA to evaluate whether an unreasonable risk is expected by
the manufacture, processing, distribution in commerce, use, and
disposal of HFE-347pcf2. See id. Because Iowa's definition of VOC is
consistent with the Federal definition of VOC in 40 CFR 51.100, the EPA
is approving the State's rule revision into the SIP without
modification.
    Second commenter, comment 3: The second commenter also commented on
the removal of the requirement to post public notices for PSD permits
in local newspapers in the affected area. The second commenter
advocates that the public notices should be concurrently posted in the
local newpapers and on the state's website for an unspecified time
until the public becomes familiar with accessing the information
online, and then the removal of the requirement to post the public
notices in the newspaper could occur.
    The EPA's response to comment 3: For the reasons discussed in the
EPA's response to comment 1 above, the EPA is approving the state's
rule revision into the SIP without modification.

V. What action is the EPA taking?

    The EPA is approving revisions to the Iowa SIP and the Operating
Permits Program. The revisions clarify rules, make revisions and
corrections, and rescind rules no longer relevant to the air program.
The EPA has determined that approval of these revisions will not impact
air quality and will ensure consistency between the state and
federally-approved rules, and ensure Federal enforceability of the
State's revised air program rules.

VI. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Iowa
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 7
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
    Therefore, these materials have been approved by EPA for inclusion
in the SIP, have been incorporated by reference by EPA into that plan,
are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).

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

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 April 8, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

 List of Subjects

40 CFR Part 52

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

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.

    Dated: December 26, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA is amending 40 CFR
parts 52 and 70 as set forth below:

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.

Subpart Q--Iowa

0
2. Amend Sec.  52.820, paragraph (c), by:
0
a. Revising the table entries ``567-20.2'', ``567-22.1'', ``567-22.8'',
``567-25.1'', ``567-33.1'', and ``567-33.3'', and
0
b. Removing the table entries and the heading for ``Chapter 34--
Provisions for Air Quality Emissions Trading Programs'' in its
entirety.
    The revisions read as follows:

Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         Iowa citation                  Title        effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                 Iowa Department of Natural Resources Environmental Protection Commission [567]
----------------------------------------------------------------------------------------------------------------
                                     Chapter 20--Scope of Title--Definitions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
567-20.2.......................  Definitions.......       4/18/2018  2/5/2019, [Insert   The definitions for
                                                                      Federal Register    ``anaerobic lagoon,''
                                                                      citation].          ``odor,'' ``odorous
                                                                                substance,'' ``odorous
                                                                                substance source'' are
                                                                                not SIP approved.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1.......................  Permits Required         4/18/2018  2/5/2019, [Insert   In 22.1(3) the
                                  for New or                          Federal Register    following sentence
                                  Stationary                          citation].          regarding electronic
                                  Sources.                                                submission is not SIP
                                                                                approved. The sentence
                                                                                is: ``Alternatively,
                                                                                the owner or operator
                                                                                may apply for a
                                                                                construction permit
                                                                                for a new or modified
                                                                                stationary source
                                                                                through the electronic
                                                                                submittal format
                                                                                specified by the
                                                                                department.''

                                                  * * * * * * *
567-22.8.......................  Permit by Rule....       4/18/2018  2/5/2019, [Insert   .......................
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1.......................  Testing and              4/18/2018  2/5/2019, [Insert   .......................
                                  Sampling of New                     Federal Register
                                  and Existing                        citation].
                                  Equipment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 33--Special Regulations and Construction Permit Requirements for Major Stationary Sources--Prevention of
                                 Significant Deterioration (PSD) of Air Quality
----------------------------------------------------------------------------------------------------------------
567-33.1.......................  Purpose...........       4/18/2018  2/5/2019, [Insert   .......................
                                                                      Federal Register
                                                                      citation].
567-33.3.......................  Special                  4/18/2018  2/5/2019, [Insert   Provisions of the 2010
                                  Construction                        Federal Register    PM2.5 PSD--Increments,
                                  Permit                              citation].          SILs and SMCs rule (75
                                  Requirements for                                        FR 64865, October 20,
                                  Major Stationary                                        2010) relating to SILs
                                  Sources in Areas                                        and SMCs that were
                                  Designated                                              affected by the
                                  Attainment or                                           January 22, 2013, U.S.
                                  Unclassified                                            Court of Appeals
                                  (PSD).                                                  decision are not SIP
                                                                                approved. Iowa's rule
                                                                                incorporating EPA's
                                                                                2007 revision of the
                                                                                definition of
                                                                                ``chemical processing
                                                                                plants'' (the
                                                                                ``Ethanol Rule,''
                                                                                published May 1, 2007)
                                                                                or EPA's 2008
                                                                                ``fugitive emissions
                                                                                rule,'' (published
                                                                                December 19, 2008) are
                                                                                not SIP-approved.

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

* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
4. Amend appendix A to part 70 by adding paragraph (t) under Iowa to
read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Iowa

* * * * *
    (t) The Iowa Department of Natural Resources submitted for
program approval revisions to rules 567-22.100, 567-22.103, 567-
22.106, 567-22.107, and 567-30.4. The state effective date is April
18, 2018. This revision is effective April 8, 2019.
* * * * *
[FR Doc. 2019-00793 Filed 2-4-19; 8:45 am]
 BILLING CODE 6560-50-P


Lydia Wegman/RTP/USEPA/US

03/07/2008 12:48 PM

To

<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>
cc

<EMAIL_ADDRESS><EMAIL_ADDRESS>Tricia
Crabtree/RTP/USEPA/US@EPA, Susan Stone/RTP/USEPA/US@EPA, Dave
Mckee/RTP/USEPA/US@EPA, <EMAIL_ADDRESS>
Subject

Fw: edit to page 187

Heidi, Margo and Rob,

Please find below our revision to page 187 that we discussed yesterday.
We can discuss it at 2 PM if you have any questions.

----- Forwarded by Lydia Wegman/RTP/USEPA/US on 03/07/2008 12:46 PM
-----

Karen Martin/RTP/USEPA/US

03/07/2008 12:42 PM

To

Wegman Lydia@EPA

cc

Subject

edit to page 187

This is the edit that we said we would send to OMB -- starts on page 186
through 187.

c.	Conclusions on Level

	Having carefully considered the public comments on the appropriate
level of the O3 standard, as discussed above, the Administrator believes
the fundamental scientific conclusions on the effects of O3 reached in
the Criteria Document and Staff Paper, briefly summarized above in
section II.A.2 and discussed more fully in section II.A of the proposal,
remain valid.  In considering the level at which the primary O3 standard
should be set, the Administrator continues to place primary
consideration on the body of scientific evidence available in this
review on the health effects associated with O3 exposure, as summarized
above in section II.C.4.a, while viewing the results of exposure and
risk assessment, discussed above in section II.C.4.b, as providing
information in support of his decision.  In considering the available
scientific evidence he judges that, as at the proposal, a focus on the
proposed range of 0.070 to 0.075 ppm is appropriate in light of the
large body of controlled human exposure and epidemiological and other
scientific evidence.  As discussed above, this body of evidence does not
support retaining the current standard, as suggested by some commenters.
 Nor does it support setting a level above 0.075 ppm because such a
level would not provide a significant increase in protection compared to
the current standard, nor would such a level be appreciably below 0.080
ppm, the level in controlled human exposure studies at which adverse
effects have been demonstrated.  This body of evidence also does not
support setting a level of 0.060 ppm or below, as suggested by other
commenters.   The Administrator has also evaluated the information from
the exposure assessment and the risk assessment, and judges that this
evidence does not provide a clear enough basis for choosing a specific
level within the range of 0.075 to 0.070 ppm.  In making a final
judgment about the level of the O3 standard, the Administrator
particularly notes that the level of 0.075 ppm is above the range
recommended by the CASAC (i.e., 0.070 to 0.060 ppm).  Placing great
weight on the views of CASAC, the Administrator has carefully considered
its stated views and the scientific basis and policy views for the range
it recommended.  In so doing, the Administrator notes that he fully
agrees that the scientific evidence supports the conclusion that the
current standard is not adequate and must be revised.

Karen Martin, Ph.D.

Office of Air Quality Planning and Standards

U.S. EPA (C504-06)

Research Triangle Park, NC 27711

phone:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

<EMAIL_ADDRESS>


[Federal Register: September 11, 2009 (Volume 74, Number 175)]
[Notices]
[Page 46782]
[DOCID:fr11se09-64]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1857-DR; Docket ID FEMA-2008-0018]

New York; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New York (FEMA-1857-DR), dated September 1,
2009, and related determinations.

DATES: Effective Date: September 1, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 1, 2009, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of New York resulting from severe storms and flooding during the
period of August 8-10, 2009, is of sufficient severity and magnitude
to warrant a major disaster declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(the ``Stafford Act''). Therefore, I declare that such a major
disaster exists in the State of New York.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate. Consistent with the requirement that Federal assistance
is supplemental, any Federal funds provided under the Stafford Act
for Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs. If Other Needs Assistance under
Section 408 of the Stafford Act is later warranted, Federal funding
under that program will also be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jaime E. Forero, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New York have been designated
as adversely affected by this major disaster:

    Cattaraugus, Chautauqua, and Erie Counties for Public
Assistance.
    All counties within the State of New York are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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. E9-21966 Filed 9-10-09; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Notices]
[Page 52077]
[DOCID:fr08se08-108]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Burlington Junction Railway

[Waiver Petition Docket Number FRA-2008-0012]

    The Burlington Junction Railway (BJRY) of Burlington, Iowa, has
petitioned for a permanent waiver of compliance for one diesel-electric
locomotive built in March 1951, model SW-8 and numbered BJRY 900, from
the requirements of the Railroad Safety Glazing Standards, Title 49 CFR
Part 223, which require certified glazing in all windows. The
locomotive is presently located in Montgomery, Illinois. The railroad
indicates that the locomotive is used to switch an industrial park next
to the City of Rochelle, Illinois, over an approximately 3.0-mile long
track surrounded by warehouses and underdeveloped rural agriculture
fields. The top speed of operations is 10 mph.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2008-0012) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC, on September 3, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E8-20729 Filed 9-5-08; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Notices]
[Pages 45097-45098]
[FR Doc No: 2022-16117]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2188-274]

NorthWestern Corporation; 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. Application Type: Non-capacity Amendment of License.
    b. Project No: 2188-274.
    c. Date Filed: July 14, 2022.\1\
---------------------------------------------------------------------------

    \1\ The July 14, 2022 filing supersedes a July 6, 2022 filing.
---------------------------------------------------------------------------

    d. Applicant: NorthWestern Corporation (licensee).
    e. Name of Project: Missouri-Madison Hydroelectric Project.
    f. Location: The project consists of nine hydroelectric
developments located on the Madison and Missouri Rivers in Gallatin,
Madison, Lewis and Clark, and Cascade counties, in southwestern
Montana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mary Gail Sullivan, Director, Environmental
and Lands, Northwestern Corporation, 11 East Park Street Butte, Montana
59701,<PHONE_NUMBER>, [email protected] and John
Tabaracci, Senior Corporate Counsel, Northwestern Corporation, 208
North Montana Avenue, Suite 205, Helena, Montana 59601<PHONE_NUMBER>,
[email protected].
    i. FERC Contact: Jeremy Jessup,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: August 22, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
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. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2188-274. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor 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.
    k. Description of Request: The licensee proposes to replace the
Black Eagle Development's Unit 3 turbine and refurbish the generators
for Units 1 and 3. The proposed upgrade will result in a 2.1 megawatt
(MW) increase in the authorized installed capacity of the development,
to 23.90 MW, and will result in an increase to the hydraulic capacity
of the development of 11%, from 5,691 cubic feet per second (cfs) to
6,342 cfs. The licensee also proposes to replace the Cochrane
Development's Unit 2 turbine and rewind its generator. The proposed
upgrade will result in a 11.0 MW decrease in the authorized installed
capacity of the development, to 48.90 MW, and will decrease the
hydraulic capacity of the development 20%, from 10,800 cfs to 8,640
cfs. The proposed actions will result in the total authorized installed
capacity for the project decreasing from 327.37 MW to 318.47 MW. The
licensee states that the upgrades will have no measurable effect on the
operation of the project and only a minor effect on hydraulic flows.
    l. Locations of the Application: This filing may be viewed on the
Commission's website 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
email of new filings and issuances related to this or other pending
projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Location of the Orders Issuing New License: This order may be
viewed on the Commission's website 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 email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. 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, respectively. 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.
    p. Filing and Service of 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 commenting, 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. Any filing made by an intervenor 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
385.2010.

    Dated: July 21, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16117 Filed 7-26-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 237 (Friday, December 10, 2010)]
[Notices]
[Pages 77031-77032]
[FR Doc No: 2010-31097]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63440; File No. SR-NYSEArca-2010-112]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Equities Rules 7.31(k) and 7.23(a)(1) To Modify Certain Characteristics
of the Q Order and Clarify the Interest Eligible for Satisfaction of a
Market Maker's Two-Sided Obligation

December 6, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on December 3, 2010, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The 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 NYSE Arca Equities Rules 7.31(k) and
7.23(a)(1) to modify certain characteristics of the Q Order and clarify
the interest eligible for satisfaction of a Market Maker's Two-Sided
Obligation, respectively. The text of the proposed rule change is
available at the Exchange, the Commission's Public Reference Room, and
http://www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Equities Rules 7.31(k) and
7.23(a)(1) to modify certain characteristics of the Q Order and clarify
the interest eligible for satisfaction of a Market Maker's Two-Sided
Obligation, respectively.
    A Market Maker is currently able to satisfy its Two-Sided
Obligation \3\ by instructing the NYSE Arca Marketplace to enter a Q
Order on its behalf either (1) at the last price and size entered by
the Market Maker during the previous trading day, including or
excluding reserve size, or (2) at a specified percentage from the best
bid or offer.\4\ Currently, upon execution, a Q Order entered with
reserve size pursuant to NYSE Arca Equities Rule 7.31(k)(1)(A)(1) will
automatically repost with the original display size and $10 below
(above) the original bid (offer).\5\ This particular automatic
reposting could result in a Q Order with a price that is significantly
worse than the published National Best Bid or Offer (``NBBO'').
Moreover, depending on the price of the security at issue, the
automatic reposting could result in a Market Maker posting a Q Order at
a price that is not in compliance with the new Market Maker pricing
obligations set forth in amended NYSE Arca Equities Rule 7.23(a)(1)(B),
which are to be implemented on December 6, 2010.
---------------------------------------------------------------------------

    \3\ See NYSE Arca Equities Rule 7.23(a)(1).
    \4\ See NYSE Arca Equities 7.31(k)(1)(A)(1)-(2).
    \5\ See NYSE Arca Equities Rule 7.31(k)(1)(B)(1). If the Market
Maker specifies a reserve size for the Q Order, it will not
automatically repost once the reserve size is exhausted.
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to delete the text of NYSE Arca
Equities Rule 7.31(k)(1)(B)(1) in its entirety \6\ and delete the text
``entered without reserve size'' from NYSE Arca Equities Rule
7.31(k)(1)(B)(2) to provide that a Market Maker, upon execution of its
Q Order entered with reserve size, would be responsible for immediately
posting a new Q order, rather than the Q order automatically reposting
$10 below (above) the original bid (offer). The Exchange notes that
Market Makers are currently required to post a new Q order upon
execution of Q orders entered without reserve size. Requiring the same
of Q orders originally entered with reserve size would encourage Q
order prices that bear a closer relationship to the NBBO than the
current $10 above/below reposting price, thus promoting fair and
orderly markets and the protection of investors and reducing the risk
of executions at illogical prices.
---------------------------------------------------------------------------

    \6\ The Exchange proposes the place NYSE Arca Equities Rule
7.31(k)(1)(B)(1) in `Reserve' for possible use at a later date.
---------------------------------------------------------------------------

    The Exchange previously represented to the Commission, in filing
SR-NYSEArca-2010-83, that it would submit a filing with the changes
proposed herein, including a proposed implementation date of Monday,
December 6, 2010, consistent with the implementation date for the new
Market Maker pricing obligations.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 63255 (November 5,
2010), 75 FR 69484 (November 12, 2010) (SR-NYSEArca-2010-83).
---------------------------------------------------------------------------

    The Exchange further proposes clarifying revisions to recently
amended Rule 7.23(a)(1). In filing SR-NYSEArca-2010-83, the Exchange
noted that Market Makers would use Q orders to meet the new Two-Sided
Obligation under Rule 7.23(a)(1).\8\ The Exchange proposes to amend
Rule 7.23(a)(1) to delete the requirement that Market Makers
exclusively use Q orders to meet their Two-Sided Obligation. Rule
7.23(a)(1) would continue to require that Market Makers identify to the
Exchange the interest that is being used to satisfy the Two-Sided
Obligation. While Market Makers may continue to use Q orders to satisfy
the Two-Sided Obligation, the Exchange believes that Market Makers
should be permitted to use other types of interest to satisfy this
obligation, provided that the interest is displayed and identified to
the Exchange. The proposed revision to Rule 7.23(a)(1) is consistent
with the rules adopted by other exchanges.\9\
---------------------------------------------------------------------------

    \8\ Id.
    \9\ See, e.g., Nasdaq Rule 4613.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\10\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\11\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. Specifically,
the Exchange believes that the change

proposed herein would encourage Market Maker Q order prices that bear a
closer relationship to the NBBO, thus promoting fair and orderly
markets and the protection of investors and reducing the risk of
executions at illogical prices. The Exchange also believes that the
change propose herein would provide Market Makers with a more
appropriate level of flexibility with which to satisfy their Two-Sided
Obligation by permitting interest other than Q order interest to be
identified to the Exchange as meeting such obligation.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
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, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). When filing a proposed rule change
pursuant to Rule 19b-4(f)(6) under the Act, an exchange is required
to give the Commission written notice of its 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 Commission notes that the Exchange
has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\14\
However, Rule 19b-4(f)(6) \15\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. NYSE Arca has requested that the
Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ Id.
---------------------------------------------------------------------------

    The Commission has considered NYSE Arca's request to waive the 30-
day operative delay. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest, as it will enable the Exchange to implement the
proposed change consistent with the implementation date for the new
market maker pricing obligations.\16\
---------------------------------------------------------------------------

    \16\ For the purposes only of waiving the operative date of this
proposal, 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.

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-NYSEArca-2010-112 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-NYSEArca-2010-112. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-112 and should be submitted on or before January 3, 2011.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31097 Filed 12-9-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68086-68087]
[FR Doc No: 2016-23752]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78951; File No. SR-NYSEMKT-2016-15]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Withdrawal
of a Proposed Change, as Modified by Amendment Nos. 1 and 2,
Establishing Fees Relating to End Users and Amending the Definition of
``Affiliate,'' as Well as Amending the NYSE MKT Equities Price List and
the NYSE Amex Options Fee Schedule To Reflect the Changes

September 27, 2016.
    On April 4, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend the co-location section of the NYSE MKT Equities Price List and
the NYSE Amex Options Fee Schedule to establish fees relating to end
users of certain co-location Users in the Exchange's data center and to
amend the definition of ``Affiliate.'' The Commission published the
proposed

rule change for comment in the Federal Register on April 22, 2016.\3\
On April 29, 2016, the Exchange filed Amendment No. 1 to the proposed
rule change.\4\ The Commission received no comments on the proposed
rule change.\5\ On June 8, 2016, the Commission extended the time
period within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
approve or disapprove the proposed rule change to July 21, 2016.\6\ On
June 24, 2016, the Exchange filed Amendment No. 2 to the proposed rule
change.\7\ On July 27, 2016, the Commission instituted proceedings
pursuant to Exchange Act Section 19(b)(2)(B) to determine whether to
approve or disapprove the proposed rule change, as modified by
Amendment Nos. 1 and 2.\8\ The Commission received no comments in
response.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 34-77640 (April 18,
2016), 81 FR 23780 (``Notice'').
    \4\ Amendment No. 1 made technical changes relating to the
General Notes numbering and references in the Co-location section of
the Fee Schedules. Amendment No. 1 is available at https://www.sec.gov/comments/sr-nysemkt-2016-15/nysemkt201615-1.pdf.
    \5\ The Commission received two comment letters on a companion
filing, NYSE-2016-11 (the ``NYSE companion filing''), filed by the
Exchange's affiliate, the New York Stock Exchange LLC (``NYSE'').
See Letter from Michael Friedman, General Counsel and Chief
Compliance Officer, Trillium, to Brent J. Fields, Secretary,
Securities and Exchange Commission, dated May 13, 2016 (``Friedman
Letter''), and Letter from Eero Pikat to Brent J. Fields, Secretary,
Securities and Exchange Commission, dated, May 13, 2016 (``Pikat
Letter'') (together, the ``Comment Letters,'').
     In response to the Comment Letters, the NYSE submitted a
response and filed Amendment No. 2 to the NYSE companion filing.
    \6\ See Securities Exchange Act Release No. 34-77978 (June 2,
2016), 81 FR 36966.
    \7\ In Amendment No. 2 the Exchange proposed that Rebroadcasting
Users and Transmittal Users would not be charged for their first two
Multicast End Users and Unicast End Users, respectively, and offers
additional support for the proposal. Amendment No. 2 was noticed at
part of the Commission's Order Instituting Proceedings and is also
available on the Commission's Web site at https://www.sec.gov/comments/sr-nysemkt-2016-15/nysemkt201615-2.pdf.
    \8\ See Securities Exchange Act Release No. 34-78389; (July 21,
2016); 81 FR 49304.
---------------------------------------------------------------------------

    On September 22, 2016, the Exchange withdrew the proposed rule
change, as modified by Amendment Nos. 1 and 2. (SR-NYSEMKT-2016-15).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-23752 Filed 9-30-16; 8:45 am]
 BILLING CODE 8011-01-P