if the Best Bid was $11, the price of the Order would be $10.95, with a
discretionary price range up to $10.98. If the Best Bid moved to
$10.99, the price of the Order would then be $10.94, with a
discretionary price range up to $10.97. Alternatively, if the price of
the Order was pegged but the discretionary price range was not, the
price of the Order would be $10.94, but the discretionary price range
would continue to range up to $10.98. Likewise, if the discretionary
price range was pegged but the price of the Order was not, the Order
would remain priced at $10.95 but with a discretionary price range of
up to $10.97. A Participant may also specify a limit price beyond which
the discretionary price range may not extend.
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    \66\ The proposed rule text reflects a substantive clarification
to the existing description of Discretionary Orders.
---------------------------------------------------------------------------

    Under the circumstances described below, the Nasdaq Market Center
processes an Order with Discretion by generating a Non-Displayed Order
with a Time-in-Force of IOC (a ``Discretionary IOC'') that will attempt
to access liquidity available within the discretionary price range. The
Discretionary IOC will not be permitted to execute, however, if the
price of the execution would trade through a Protected Quotation. If
more than one Order with Discretion satisfies conditions that would
cause the generation of a Discretionary IOC simultaneously, the order
in which such Discretionary IOCs are presented for execution is random,
based on the respective processing time for each such Order. Whenever a
Discretionary IOC is generated, the underlying Order with Discretion
will be withheld or removed from the Nasdaq Book and will then be
routed and/or placed on the Nasdaq Book if the Discretionary IOC does
not exhaust the full size of the underlying Order with Discretion, with
its price determined by the underlying Order Type and Order Attributes
selected by the Participant.\67\ Because the circumstances under which
a Discretionary IOC will be generated are dependent upon a range of
factors, several specific scenarios are described below.
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    \67\ It should be noted that a Discretionary IOC is deemed to be
accessing liquidity for purposes of Nasdaq's schedule of fees and
rebates, unless one Discretionary IOC executes against another
Discretionary IOC, in which case the Order that had reached the
Nasdaq Book first would be deemed to provide liquidity. See Rule
7018(d). Thus, a Participant may not use a Discretionary IOC to
obtain a rebate for accessing previously posted liquidity.
---------------------------------------------------------------------------

     If an Order has been assigned a Discretion Order
Attribute, but has not been assigned a Routing Order Attribute, upon
entry of the Order, the Nasdaq Market Center will automatically
generate a Discretionary IOC with a price equal to the highest price
for an Order with Discretion to buy (lowest price for an Order with
Discretion to sell) within the discretionary price range and a size
equal to the full size of the underlying Order to determine if there
are any Orders within the discretionary price range on the Nasdaq Book.
If the Discretionary IOC does not exhaust the full size of the Order
with Discretion, the remaining size of the Order with Discretion will
post to the Nasdaq Book in accordance with the parameters that apply to
the underlying Order Type. Thus, for example, if a Participant enters a
Price to Display Order to buy at $11 with a discretionary price range
of up to $11.03, upon entry the Nasdaq Market Center will generate a
Discretionary IOC to buy priced at $11.03. If there is an Order on the
Nasdaq Book to sell priced at $11.02 and an execution at $11.02 would
not trade through a Protected Quotation, the Discretionary IOC will
execute against the Order on the Nasdaq Book, up to the full size of
each Order. Any remaining size of the Price to Display Order would post
to the Nasdaq Book in accordance with its parameters.
     After the Order posts to the Nasdaq Book, the Nasdaq
Market Center System will examine whether at any time there is an Order
on the Nasdaq Book with a price in the discretionary price range
against which the Order with Discretion could execute. In doing so, the
Nasdaq Market Center System will examine all Orders (including Orders
that are not Displayed). If the Nasdaq Market Center System observes
such an Order, it will generate a Discretionary IOC with a price equal
to the highest price for an Order to buy (lowest price for an Order to
sell) within the discretionary price range and a size equal to the full
size of the Order.
     If an Order that uses a passive routing strategy (i.e., a
strategy such as SCAN \68\ that does not seek routing opportunities
after posting to the Nasdaq Book) has been assigned a Discretion Order
Attribute but does not have a pegged discretionary price range,

upon entry of the Order, the Nasdaq Market Center will examine all
Orders (including Orders that are not Displayed) on the Nasdaq Book to
determine if there is an Order on the Nasdaq Book with a price in the
discretionary price range against which the Order with Discretion could
execute. If the Nasdaq Market Center System observes such an Order, it
will generate a Discretionary IOC with a price equal to the price of
the Order on the Nasdaq Book and a size equal to the applicable size of
the Order on the Nasdaq Book. The Nasdaq Market Center System will also
determine if there are any accessible quotations with prices that are
within the discretionary price range at destinations on the applicable
routing table for the selected routing strategy. If there are such
quotations, the Nasdaq Market Center System will generate one or more
Discretionary IOCs to route to such destinations, with a price and size
that match the price and size of the market center's quotation. If
necessary to maximize execution opportunities and comply with
Regulation NMS, the System's routing broker may mark such Discretionary
IOCs as Intermarket Sweep Orders. If the Discretionary IOC(s) do not
exhaust the full size of the Order with Discretion, the remaining size
of the Order with Discretion will post to the Nasdaq Book in accordance
with the parameters that apply to the underlying Order Type. The Nasdaq
Market Center System will then examine whether at any time there is an
Order on the Nasdaq Book with a price in the discretionary price range
against which the Order with Discretion could execute. In doing so, the
Nasdaq Market Center System will examine all Orders (including Orders
that are not Displayed). If the Nasdaq Market Center System observes
such an Order, it will generate a Discretionary IOC with a price equal
to the price of the Order on the Nasdaq Book and a size equal to the
applicable size of the Order on the Nasdaq Book.
---------------------------------------------------------------------------

    \68\ The SCAN routing strategy is described in Rule 4758.
---------------------------------------------------------------------------

     If an Order that uses a reactive routing strategy (i.e., a
strategy such as STGY \69\ that seeks routing opportunities after
posting to the Nasdaq Book) has been assigned a Discretion Order
Attribute but does not have a pegged discretionary price range, upon
entry of the Order, the Nasdaq Market Center will examine all Orders
(including Orders that are not Displayed) on the Nasdaq Book to
determine if there is an Order on the Nasdaq Book with a price in the
discretionary price range against which the Order with Discretion could
execute. If the Nasdaq Market Center System observes such an Order, it
will generate a Discretionary IOC with a price equal to the price of
the Order on the Nasdaq Book and a size equal to the applicable size of
the Order on the Nasdaq Book. The Nasdaq Market Center System will also
determine if there are any accessible quotations with prices that are
within the discretionary price range at destinations on the applicable
routing table for the selected routing strategy. If there are such
quotations, the Nasdaq Market Center System will generate one or more
Discretionary IOCs to route to such destinations, with a price and size
that match the price and size of the market center's quotation. If
necessary to maximize execution opportunities and comply with
Regulation NMS, the System may mark such Discretionary IOCs as
Intermarket Sweep Orders. If the Discretionary IOC(s) do not exhaust
the full size of the Order with Discretion, the remaining size of the
Order with Discretion will post to the Nasdaq Book in accordance with
the parameters that apply to the underlying Order Type. The Nasdaq
Market Center System will then examine whether at any time there is an
Order on the Nasdaq Book or an accessible quotation at another trading
venue with a price in the discretionary price range against which the
Order with Discretion could execute. In examining the Nasdaq Book, the
Nasdaq Market Center System will examine all Orders (including Orders
that are not Displayed). If the Nasdaq Market Center System observes
such an Order or quotation, it will generate a Discretionary IOC with a
price equal to the price of such the Order or quotation and a size
equal to the applicable size of the Order on the Nasdaq Book or the
displayed size of the quotation.
---------------------------------------------------------------------------

    \69\ The STGY routing strategy is described in Rule 4758.
---------------------------------------------------------------------------

     If an Order that uses a passive routing strategy has been
assigned a Discretion Order Attribute and does have a pegged
discretionary price range, upon entry of the Order, the Nasdaq Market
Center will examine all Orders (including Orders that are not
Displayed) on the Nasdaq Book to determine if there is an Order on the
Nasdaq Book with a price in the discretionary price range against which
the Order with Discretion could execute. If the Nasdaq Market Center
System observes such an Order, it will generate a Discretionary IOC
with a price equal to the price of the Order on the Nasdaq Book and a
size equal to the applicable size of the Order on the Nasdaq Book. The
Nasdaq Market Center System will also determine if there are any
accessible quotations with prices that are within the discretionary
price range at destinations on the applicable routing table for the
selected routing strategy. If there are such quotations, the Nasdaq
Market Center System will generate one or more Discretionary IOCs to
route to such destinations, with a price and size that match the price
and size of the market center's quotation. If necessary to maximize
execution opportunities and comply with Regulation NMS, the System may
mark such Discretionary IOCs as Intermarket Sweep Orders. If the
Discretionary IOC(s) do not exhaust the full size of the Order with
Discretion, the remaining size of the Order with Discretion will post
to the Nasdaq Book in accordance with the parameters that apply to the
underlying Order Type. Thereafter, the Order will not generate further
Discretionary IOCs unless the Order is updated in a manner that causes
it to receive a new timestamp, in which case the Order will behave in
the same manner as a newly entered Order.
     If an Order that uses a reactive routing strategy has been
assigned a Discretion Order Attribute and does have a pegged
discretionary price range, upon entry of the Order, the Nasdaq Market
Center will examine all Orders (including Orders that are not
Displayed) on the Nasdaq Book to determine if there is an Order on the
Nasdaq Book with a price in the discretionary price range against which
the Order with Discretion could execute. If the Nasdaq Market Center
System observes such an Order, it will generate a Discretionary IOC
with a price equal to the price of the Order on the Nasdaq Book and a
size equal to the applicable size of the Order on the Nasdaq Book. The
Nasdaq Market Center System will also determine if there are any
accessible quotations with prices that are within the discretionary
price range at destinations on the applicable routing table for the
selected routing strategy. If there are such quotations, the Nasdaq
Market Center System will generate one or more Discretionary IOCs to
route to such destinations, with a price and size that match the price
and size of the market center's quotation. If necessary to maximize
execution opportunities and comply with Regulation NMS, the System may
mark such Discretionary IOCs as Intermarket Sweep Orders. If the
Discretionary IOC(s) do not exhaust the full size of the Order with
Discretion, the remaining size of the Order with Discretion will post
to the Nasdaq Book in accordance with the

parameters that apply to the underlying Order Type. The Nasdaq Market
Center System will then examine whether at any time there is an Order
on the Nasdaq Book or an accessible quotation at another trading venue
with a price in the discretionary price range against which the Order
with Discretion could execute. In examining the Nasdaq Book, the Nasdaq
Market Center System will examine Displayed Orders but will not examine
Non-Displayed Orders. If the Nasdaq Market Center System observes such
an Order or quotation, it will generate a Discretionary IOC with a
price equal to the price of such the Order or quotation and a size
equal to the applicable size of the Order on the Nasdaq Book or the
displayed size of the quotation.
Reserve Size
    Reserve Size is an Order Attribute that permits a Participant to
stipulate that an Order Type that is displayed may have its displayed
size replenished from additional non-displayed size. An Order with
Reserve Size may be referred to as a ``Reserve Order.'' At the time of
entry, the displayed size of such an Order selected by the Participant
must be one or more normal units of trading; an Order with a displayed
size of a mixed lot will be rounded down to the nearest round lot. A
Reserve Order with displayed size of an odd lot will be accepted but
with the full size of the Order displayed. Reserve Size is not
available for Orders that are not displayed; provided, however, that if
a Participant enters Reserve Size for a Non-Displayed Order with a
Time-in-Force of IOC, the full size of the Order, including Reserve
Size, will be processed as a Non-Displayed Order.
    Whenever a Participant enters an Order with Reserve Size, the
Nasdaq Market Center will process the Order as two Orders: A Displayed
Order (with the characteristics of its selected Order Type) and a Non-
Displayed Order. Upon entry, the full size of each such Order will be
processed for potential execution in accordance with the parameters
applicable to the Order Type. For example, a Participant might enter a
Price to Display Order with 200 shares displayed and an additional
3,000 shares non-displayed. Upon entry, the Order would attempt to
execute against available liquidity on the Nasdaq Book, up to 3,200
shares. Thereafter, unexecuted portions of the Order would post to the
Nasdaq Book as a Displayed Price to Display Order and a Non-Displayed
Order; provided, however, that if the remaining total size is less than
the display size stipulated by the Participant, the Displayed Order
will post without Reserve Size. Thus, if 3,050 shares executed upon
entry, the Price to Display Order would post with a size of 150 shares
and no Reserve Size.
    When an Order with Reserve Size is posted, if there is an execution
against the Displayed Order that causes its size to decrease below a
normal unit of trading, another Displayed Order will be entered at the
level stipulated by the Participant while the size of the Non-Displayed
Order will be reduced by the same amount. Any remaining size of the
original Displayed Order will remain on the NASDAQ Book. The new
Displayed Order will receive a new timestamp, but the Non-Displayed
Order (and the original Displayed Order, if any) will not; although the
new Displayed Order will be processed by the System as a new Order in
most respects at that time, if it was designated as Routable, the
System will not automatically route it upon reentry. For example, if a
Price to Comply Order with Reserve Size posted with a Displayed Size of
200 shares, along with a Non-Displayed Order of 3,000 and the 150
shares of the Displayed Order was executed, the remaining 50 shares of
the original Price to Comply Order would remain, a new Price to Comply
Order would post with a size of 200 shares and a new timestamp, and the
Non-Displayed Order would be decremented to 2,800 shares.\70\
---------------------------------------------------------------------------

    \70\ Because the Displayed Order is reentered and the Non-
Displayed Order is not, there are circumstances in which the
Displayed Order may receive a different price than the Non-Displayed
Order. For example, if, upon reentry, a Price to Display Order would
lock or cross a newly posted Protected Quotation, the price of the
Order will be adjusted but its associated Non-Displayed Order would
not be adjusted. In that circumstance, it would be possible for the
better priced Non-Displayed Order to execute prior to the Price to
Display Order.
---------------------------------------------------------------------------

    A Participant may stipulate that the Displayed Order should be
replenished to its original size. Alternatively, the Participant may
stipulate that the original and subsequent displayed size will be an
amount randomly determined based on factors selected by the
Participant.\71\ Specifically, the Participant would select both a
theoretical displayed size and a range size, which may be any share
amount less than the theoretical displayed size. The actual displayed
size will then be determined by the System within a range in which the
minimum size is the theoretical displayed size minus the range size,
and the maximum size is (i) the minimum size plus (ii) an amount that
is two times the range size minus one round lot. For example, if the
theoretical displayed size is 600 shares and the range size is 500, the
minimum displayed size will be 100 shares (600-500), and the maximum
size will be 1,000 shares ((600-500) + ((2 x 500)-100)).
---------------------------------------------------------------------------

    \71\ The ability to specify a random size reflects a substantive
clarification of existing rules.
---------------------------------------------------------------------------

    When the Displayed Order with Reserve Size is executed and
replenished, applicable market data disseminated by Nasdaq will show
the execution and decrementation of the Displayed Order, followed by
replenishment of the Displayed Order. In all cases, if the remaining
size of the Non-Displayed Order is less than the fixed or random amount
stipulated by the Participant, the full remaining size of the Non-
Displayed Order will be displayed and the Non-Displayed Order will be
removed.
Attribution
    Attribution is an Order Attribute that permits a Participant to
designate that the price and size of the Order will be displayed next
to the Participant's MPID in market data disseminated by Nasdaq. An
Order with Attribution is referred to as an ``Attributable Order'' and
an Order without attribution is referred to as a ``Non-Attributable
Order.''
Intermarket Sweep Order
    Designation of an Order as an Intermarket Sweep Order, or ISO, is
an Order Attribute that allows the Order to be executed within the
Nasdaq Market Center by Participants at multiple price levels without
respect to Protected Quotations of other market centers within the
meaning of Rule 600(b) under Regulation NMS. ISOs are immediately
executable within the Nasdaq Market Center against Orders against which
they are marketable. An Order designated as an ISO may not be assigned
a Routing Order Attribute; provided, however, that an Order using the
Directed Order strategy may be designated as an ISO with respect to the
market center to which it is directed.\72\ In connection with the
trading of securities governed by Regulation NMS, Intermarket Sweep
Orders shall be executed exclusively within the System and the entering
Participant shall be responsible for compliance with Rules 610 and 611
under Regulation NMS with respect to order protection and locked and
crossed markets with respect to such Orders. Orders eligible for
execution outside the System shall be processed in compliance with
Regulation NMS, including accessing Protected Quotations and resolving

locked and crossed markets, as instructed.
---------------------------------------------------------------------------

    \72\ In addition, Orders that are assigned a Routing Order
Attribute may be designated as ISOs by Nasdaq when routed to other
market centers to maximize their opportunities for execution.
---------------------------------------------------------------------------

    Simultaneously with the routing of an ISO to the System, one or
more additional limit orders, as necessary, are routed by the entering
Participant to execute against the full displayed size of any Protected
Quotation with a price that is superior to the price of the Order
identified as an Intermarket Sweep Order (as defined in Rule 600(b)
under Regulation NMS). These additional routed orders must be
identified as Intermarket Sweep Orders.
    Upon receipt of an ISO, the System will consider the stated price
of the ISO to be available for other Orders to be entered at that
price, unless the ISO is not itself accepted at that price level (for
example, a Post-Only Order that has its price adjusted to avoid
executing against an Order on the Nasdaq Book) or the ISO is not
Displayed.\73\
---------------------------------------------------------------------------

    \73\ Thus, for example, a Non-Displayed Order with a Time-in-
Force of IOC marked ISO could execute against Orders on the Nasdaq
Book. However, the price level of the Non-Displayed Order would be
considered open for Orders to post only if applicable market data
showed that the price level was available.
---------------------------------------------------------------------------

    In addition, as described with respect to various Order Types, such
as the Price to Comply Order, Orders on the Nasdaq Book that had their
price adjusted may be eligible to be reentered at the stated price of
the ISO. For example, if a Price to Comply Order to buy at $11 would
lock a Protected Offer at $11, the Price to Comply Order will be posted
with a non-displayed price of $11 and a displayed price of $10.99. If
the System then receives an ISO to buy at $11, the ISO will be posted
at $11 and the Price to Comply Order will be reentered at $11 (if the
Participant opted to have its Orders reentered). The respective
priority of such reentered Orders will be maintained among multiple
repriced Orders; however, other new Orders may also be received after
receipt of the ISO but before the repricing of the Price to Comply
Order is complete; accordingly, the priority of an Order on the Nasdaq
Book vis-[agrave]-vis a newly entered Order is not guaranteed.
Display
    Display is an Order Attribute that allows the price and size of an
Order to be displayed to market participants via market data feeds. All
Orders that are Attributable are also displayed, but an Order may be
displayed without being Attributable. As discussed in Rule 4702, a Non-
Displayed Order is a specific Order Type, but other Order Types may
also be non-displayed if they are not assigned a Display Order
Attribute; however, depending on context, all Orders that are not
displayed may be referred to as ``Non-Displayed Orders.'' An Order with
a Display Order Attribute may be referred to as a ``Displayed Order.''
Participation in the Nasdaq Opening Cross or the Nasdaq Closing Cross
    All Order Types except Supplemental Orders, Retail Orders, and RPI
Orders participate in the Nasdaq Opening Cross and/or the Nasdaq
Closing Cross if the Order has a Time-in-Force that would cause the
Order to be in effect at the time of the Nasdaq Opening Cross and/or
Nasdaq Closing Cross. MOO Orders, LOO Orders, and IOI Orders
participate in the Nasdaq Opening Cross in the manner specified in Rule
4752. Other Order Types eligible to participate in the Nasdaq Opening
Cross operate as ``Market Hours Orders'' or ``Open Eligible Interest''
as specified in Rule 4752. MOC Orders, LOC Orders and IO Orders
participate in the Nasdaq Closing Cross in the manner specified in Rule
4754. Other Order Types eligible to participate in the Nasdaq Closing
Cross operate as ``Close Eligible Interest'' in the manner specified in
Rule 4754.
Statistics on Order Types Usage
    Although Nasdaq, like many exchanges, offers a wide range of
possible combinations of Order Types and Order Attributes in order to
provide options that support of [sic] a range of legitimate trading
strategies, Nasdaq believes that an analysis of the extent of usage of
particular Order Type permutations is important to promoting a deeper
understanding of current market structure. Based on analysis of a month
of data for the period from August 26, 2013 through September 29, 2013,
Nasdaq offers the following observations about the usage of different
Order Types on its market:
     23.38% of entered Order volume was Price to Comply Orders
with no Order Attributes other than price and size. Such Orders were
involved in 10.67% of execution volume.\74\ Price to Display Orders
with no special Order Attributes accounted for 0.82% of Order volume
and 0.16% of execution volume.
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    \74\ Data about executions reflect both sides of a trade in
instances where trades executed on Nasdaq and one side of a trade in
instances where a Routable Order executed at another market center.
The data does not include information about Orders with a Time-in-
Force of GTC to the extent that such Orders executed on a day after
the day of their original entry.
---------------------------------------------------------------------------

     28.22% of entered Order volume was Post-Only Orders with
no Order Attributes other than price and size. Such Orders were
involved in 11.79% of execution volume.
     Non-Displayed Orders with a Time-in-Force of IOC and no
special Order Attributes accounted for 4.25% of entered Order volume
and 14.03% of execution volume. Non-Displayed Orders with a Time-in-
Force of IOC marked as ISOs but with no other special Order Attributes
accounted for 2.17% of entered Order volume and 23.89% of execution
volume.
     Non-Displayed Orders with a Time-in-Force longer than IOC
but no special Order Attributes accounted for 19.15% of entered Order
volume and 1.48% of execution volume.
     Post-Only Orders marked ISO but with no other special
Order Attributes accounted for 7.65% of entered Order volume and 6.75%
of execution volume. Price to Comply Orders marked ISO but with no
other special Order Attributes accounted for 2.75% of entered Order
volume and 1.24% of execution volume.
     MOO, LOO, IOI, MOC, LOC and IO Orders accounted for 1.3%
of entered Order volume and 8.73% of execution volume.
     All other Order Type and Order Attribute combinations
accounted for 10.31% of entered Order volume and 21.27% of execution
volume. Of these, the predominant Order Type was Price to Comply Orders
using special Order Attributes, accounting for 4.94% of entered Order
volume and 15.82% of execution volume. Moreover, in the case of 76.15%
of the entered volume and 61.82% of the executed volume of these Orders
(i.e., Price to Comply Orders using special Order Attributes), the only
special Order Attributes being used were Routing and/or Reserve Size.
    Thus, while a range of combinations of Order Types and Order
Attributes can exist in Nasdaq, Nasdaq believes that these data support
the conclusion that many of these possible combinations are not used to
any appreciable extent. Rather, the vast majority of Order entry and
Order execution volume is attributable to a small number of simple
combinations: IOC Orders designed to access posted liquidity, various
forms of priced limit Orders designed to access available liquidity and
thereafter post to the Nasdaq Book to provide liquidity, and Post-Only
Orders, which promote price discovery by offering displayed liquidity
at a price that may narrow the bid/offer spread on Nasdaq and/or
provide price improvement to subsequent Orders. The inclusion of an ISO
Order Attribute on Orders is done in full compliance with Regulation
NMS and serves to provide notice to Nasdaq that liquidity has been
accessed on other markets at a given price level in

order to allow it to post liquidity on Nasdaq at that price. While
Nasdaq does not believe that its Order Type offerings are excessively
complex, given the relatively limited usage of certain Order Types and
Order Attributes, Nasdaq is continuing to analyze whether changes may
be made to eliminate any Order Types, Order Attributes, or permissible
combinations in a manner that would further promote the goals of
transparency and ease of use for Participants.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\75\ in general, and with
Section 6(b)(5) of the Act \76\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. The proposed
rule change also is designed to support the principles of Section
11A(a)(1) of the Act \77\ in that it seeks to assure fair competition
among brokers and dealers and among exchange markets. In particular,
Nasdaq believes that the reorganized and enhanced descriptions of its
Order Types, Order Attributes, and related System functionality will
promote just and equitable principles of trade and perfect the
mechanisms of a free and open market and the national market system by
providing greater clarity concerning certain aspects of the System's
operations. Nasdaq further believes that the proposed rule change will
contribute to the protection of investors and the public interest by
making Nasdaq's rules easier to understand. Nasdaq further believes
that the proposed rules, together with the presented statistics
regarding Order Type and Order Attribute usage, will promote the
efficient execution of investor transactions and further enhance public
understanding of Nasdaq's operations, and thereby strengthen investor
confidence in Nasdaq and in the national market system. In addition,
Nasdaq believes that additional specificity in its rules will promote a
better understanding of Nasdaq's operation, thereby facilitating fair
competition among brokers and dealers and among exchange markets.
---------------------------------------------------------------------------

    \75\ 15 U.S.C. 78f.
    \76\ 15 U.S.C. 78f(b)(5).
    \77\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    Most of the System functionality described in the proposed rule
change has already been described in previous proposed rule changes by
Nasdaq and approved or permitted to take effect on an immediate basis
by the Commission. However, Nasdaq believes that the reiteration of
several principles underlying its Order Types and Order Attributes
might be helpful in promoting a fuller understanding of these rules'
operation and their consistency with the Act.
    The functionality underlying Price to Comply Orders and Price to
Display Orders provides a means by which Participants may enter a
displayed limit order in compliance with Regulation NMS without the
Participant definitively ascertaining whether the price of the Order
would lock or cross a Protected Quotation. In the absence of the
repricing functionality associated with the Order, Nasdaq would need to
reject the Order if it locked or crossed a Protected Quotation.
    By accepting a Price to Comply Order with a locking, non-displayed
price and displayed price that is one minimum increment inferior to the
locking price, Nasdaq allows this Order Type to achieve several
purposes. First, the displayed price of the Order promotes price
discovery by establishing a new NBBO or adding to liquidity available
at the NBBO. Second, the non-displayed price of the Order allows the
Order to provide price improvement when the Order is executed. A Price
to Display Order similarly promotes price discovery by establishing a
new NBBO or adding liquidity available at the NBBO. It also provides
one of the Order Types through which a Market Maker may offer displayed
liquidity that is Attributable to its MPID. Notably, given the price
adjustment functionality of the Order, it allows a Market Maker to
offer Attributable liquidity at the NBBO.
    In addition, the repricing functionality associated with Price to
Comply Orders and Price to Display Orders, whereby an Order that has
been repriced by the System upon entry may be cancelled or reentered if
a previously unavailable price level becomes available, promotes price
discovery and provision of greater liquidity by facilitating the
display of an Order at its chosen limit price. Because a reentered
Order always receives a new timestamp, moreover, the functionality does
not present fairness concerns that might arise if an Order that was not
displayed became displayed at a different price level while retaining
the timestamp that it received when originally entered.
    The Non-Displayed Order provides a means by which Participants may
access and/or offer liquidity without signaling to other Participants
the extent of their trading interest. Moreover, because the Non-
Displayed Order may lock a Protected Quotation, it provides a means by
which a Participant may provide price improvement. For example, if the
Best Bid was $11 and the Best Offer was $11.01, a Non-Displayed Order
to buy at $11.01 would provide $0.01 price improvement to an incoming
sell Order priced at the Best Bid.
    In addition, the repricing functionality associated with Non-
Displayed Order promotes provision of greater liquidity and eventual
price discovery (via reporting of Order executions) because it
facilitates the posting of a Non-Displayed Order at its chosen limit
price. In addition, the functionality that cancels Non-Displayed Orders
when crossed by a Protected Quotation helps to prevent trade-throughs
by ensuring that a Non-Displayed Order will not execute at a price
inferior to the Price of a Protected Quotation. Because a reentered
Order always receives a new timestamp, moreover, the functionality does
not present fairness concerns that might arise if an Order was able to
move price while retaining an earlier timestamp.
    The primary purpose of Post-Only Orders is to ``provide displayed
liquidity to the market and thereby contribute to public price
discovery--an objective that is fully consistent with the Act.'' \78\
Under the prevailing ``maker/taker'' cost structure of most exchanges,
the Post-Only Order also allows a Participant to control its trading
costs by giving consideration to costs in determining whether the Order
should execute upon entry. However, the manner in which the Post-Only
Order operates ensures that a Post-Only Order that locks or crosses an
Order on the Nasdaq Book will either execute upon entry or post at a
displayed price that potentially provides liquidity. Moreover, because
a Post-Only Order does not cancel back to the Participant if it cannot
post at its limit price, it does not provide a means to ascertain the
existence of locking or crossing Orders without also reflecting a
commitment to execute or post and display. Similarly, the functionality
that allows a Post-Only Order to be marked IOC does not provide
information regarding the existence of locking or crossing Orders on
the Nasdaq Book since the Order has

its price adjusted automatically, without reference to the price of any
other Orders other than Orders at the NBBO.
---------------------------------------------------------------------------

    \78\ SR-NYSE-2014-32 Approval Order.
---------------------------------------------------------------------------

    In addition, the processing of Post-Only Orders with respect to
locking or crossing Protected Quotations serves the same purposes as
the processing discussed above with respect to Price to Comply Orders
and Price to Display Orders. By accepting a Non-Attributable Post-Only
Order that locks or crosses a Protected Quotation with a locking, non-
displayed price and displayed price that is one minimum increment
inferior to the locking price, Nasdaq allows the displayed price of the
Order to promote price discovery by establishing a new NBBO or adding
to liquidity available at the NBBO, while also allowing the non-
displayed price of the Order to provide price improvement when the
Order is executed. An Attributable Post-Only Order similarly promotes
price discovery by establishing a new NBBO or adding liquidity
available at the NBBO.
    The repricing functionality associated with Post-Only Orders,
whereby an Order that has been repriced by the System upon entry may be
cancelled or reentered if a previously unavailable price level becomes
available, promotes price discovery and provision of greater liquidity
by facilitating the display of an Order at its chosen limit price.
Because a reentered Order always receives a new timestamp, moreover,
the functionality does not present fairness concerns that might arise
if an Order that was not displayed became displayed at a different
price level while retaining the timestamp that it received when
originally entered.
    A Post-Only Order may be designated as an ISO and accepted at a
price that locks or crosses a Protected Quotation, since such
designation reflects a representation by the Participant that it has
simultaneously routed one or more additional limit orders, as
necessary, to execute against the full displayed size of any Protected
Quotations that the Post-Only Order would lock or cross.\79\ Because
Nasdaq maintains an active regulatory surveillance and enforcement
program to verify that Participants are not improperly designating
Orders as ISOs, the possibility for a Participant to systematically use
a Post-Only Order marked ISO to occupy a price level while locking
Protected Quotations is mitigated. Moreover, the System does not
interpret a Post-Only Order that is marked ISO but that has its price
adjusted prior to posting as the basis for accepting additional Orders
at the Order's limit price level, thereby providing further assurance
against the use of an ISO designation for an improper purpose.
---------------------------------------------------------------------------

    \79\ See SR-NYSE-2014-32 Approval Order (affirming that
exchanges may adopt rules allowing market participants to ``ship and
post'').
---------------------------------------------------------------------------

    Like a Post-Only Order, a Midpoint Peg Post-Only Order allows a
Participant to control its trading costs by executing upon entry when
receiving price improvement but otherwise posting to the Nasdaq Book.
Thereafter, the Order Type serves to provide price improvement to other
incoming Orders by executing a price between the NBBO. Although the
Order Type has a Non-Display Order Attribute, the Order further serves
to promote price discovery when it executes by evincing the existence
of trading interest at a price better than the NBBO.
    Supplemental Orders allow a Participant to provide greater depth of
liquidity at the NBBO without signaling the full extent of its trading
interest to other Participants. The Order Type thereby may promote more
rapid and complete execution of incoming Orders, potentially
eliminating the need for such Orders to be routed in order to access
liquidity available at other market centers. The requirement that a
Supplemental Order may execute only at the NBBO ensures that the Order
Type may not be used to provide inferior executions.
    Market Maker Peg Orders allow a Market Maker to maintain a
continuous two-sided quotation at a price that is compliant with the
requirements for Market Makers set forth in Rule 4613(a)(2). Thus, the
Order Type serves the function of ensuring that Market Makers offer
Displayed and Attributable liquidity at prices that bear a reasonable
relation to the NBBO. Of course, Market Makers may also provide
liquidity at prices closer to the NBBO than those established by the
Market Maker Peg Order, but the Order Type enables the Market Maker to
provide a backstop of liquidity at prices that are not unreasonably
distant from the NBBO.
    The variety of Order Types associated with the Nasdaq Opening Cross
and the Nasdaq Closing Cross--Market On Open Orders, Limit On Open
Orders, Opening Imbalance Only Orders, Market On Close Orders, Limit On
Close Orders, and Imbalance Only Orders--all provide means for a
Participant to enter Orders into Nasdaq's single price auction process
for establishing the market open and market close price each day. As
detailed in approved Rules 4752 and 4754, the auction processes seek to
establish a price that maximizes execution opportunities for Cross-
eligible Orders. MOO and MOC Orders allow a Participant to execute
shares at whatever price the Cross is executed, thereby maximizing
execution opportunities; LOO and LOC Orders allow a Participant to set
a price limit on potential executions; and OIO and IO Orders allow a
Participant to provide liquidity to MOO and LOO or MOC and LOC Orders
that would not otherwise execute in the Cross, at a price pegged to the
Nasdaq inside price leading up to the Cross. Nasdaq believes that all
of these Order Types promote the interest of investors in conducting an
orderly process for establishing the opening and closing prices of
securities.
    Several of the available Order Attributes merely provide means to
designate the basic parameters of any Order: These include price, size,
Time-in-Force, Attribution, Display, and Participation in the Nasdaq
Opening Cross and/or the Nasdaq Closing Cross. The proposed rules
clearly state limitations applicable to each of these parameters, such
as available Times-in-Force and limitations on the permissible prices
and sizes of Orders.
    The Pegging Order Attribute allows a Participant to have the System
adjust the price of the Order continually in order to keep the price
within defined parameters. Thus, the System performs price adjustments
that would otherwise be performed by the Participant through
cancellation and reentry of Orders. The fact that a new timestamp is
created for a Pegged Order whenever it has its price adjusted allows
the Order to seek additional execution opportunities and ensures that
the Order does not ``jump the queue'' with respect to any Orders that
were previously at the Pegged Order's new price level. Thus, while the
Order Attribute may be seen as introducing additional complexity with
respect to the operation of the Nasdaq market, it is in effect merely a
process for removing and entering Orders at new prices based on changed
market conditions.
    The Minimum Quantity Order Attribute allows a Participant that may
wish to buy or sell a large amount of a security to avoid signaling its
trading interest unless it can purchase a certain minimum amount. Thus,
the Order Attribute supports the interest of institutional investors
and others in being able to minimize the impact of their trading on the
price of securities.
    The Routing Order Attribute, which is thoroughly described in
existing Rule 4758, provides an optional means by which a Participant
may direct Nasdaq to seek opportunities to execute an Order at other
market centers. The System is designed to pursue execution
opportunities on behalf of Participants in an aggressive manner by, in
most

instances, first obtaining shares available on the Nasdaq Book, then
routing to other market centers in accordance with the strategy
designated by the Participant, then returning [sic] the Nasdaq Book as
if a new Order before posting to the Nasdaq Book. In addition, to
maximize execution opportunities, the System will, as appropriate and
in accordance with Regulation NMS, designate a Routable Order as an
Intermarket Sweep Order.
    The Discretion Order Attribute allows a Participant to expand
opportunities for an Order to access liquidity by allowing it to
execute at any price within a specified range. Thus, while there is
some complexity associated with the processing of Discretionary Orders,
the Order Attribute merely allows the System to ascertain whether,
under the conditions provided for in the rule, the Participant could
access liquidity at a price within the range that the Participant has
designated. If so, the Order Attribute generates an IOC Order to access
the liquidity. Moreover, it should be noted that although in some
circumstances, the System will examine Orders on the Nasdaq Book that
are not Displayed to ascertain the existence of execution
opportunities, the System would convey information to the Participant
regarding such Orders only by executing against them. Thus, the
discretionary price range reflects an actionable commitment by the
Participant to trade at prices in that range. As a result, the Order
Attribute promotes price discovery through executions that occur in the
price range. Finally, it should be noted that Discretionary IOCs access
liquidity, and therefore the Order Attribute does not present an
opportunity for a Participant to obtain a rebate with respect to
executions against previously posted Orders.
    The Reserve Size Order Attribute allows a Participant to display
trading interest at a given price while also posting additional non-
displayed trading interest. The functionality assists the Participant
in managing this trading interest by eliminating the need for the
Participant to enter additional size following the execution of the
displayed trading interest. Thus, the functionality achieves a balance
between promoting price discovery through displayed size and allowing a
Participant to guard against price impact by hiding the full extent of
its trading interest. The random reserve feature of the Order further
assists a Participant in not revealing the extent of its trading
interest because it diminishes the likelihood that other Participants
will conclude that the Order is a Reserve Size Order if they repeatedly
view it being replenished at the same size. Similarly, the manner in
which Nasdaq disseminates data regarding the execution and
replenishment of a Reserve Size Order ensures that the process is
indistinguishable to other Participants from the execution of an Order
without Reserve Size followed by the entry of a new Order; this
processing also ensures that only the displayed portion of the Reserve
Size Order is treated as a Protected Quotation.
    The Intermarket Sweep Order attribute is a function of Regulation
NMS, which provides for an Order to execute without respect to
Protected Quotations if it is designated as an ISO and if one or more
additional limit orders, as necessary, are routed to execute against
the full displayed size of any Protected Quotation with a price that is
superior to the price of the Order identified as an ISO. As recently
reaffirmed by the Commission, Regulation NMS allows such additional
orders to be routed by an exchange or by the Participant that enters
the ISO.\80\ Accordingly, the exchange receiving an ISO may accept the
receipt of the Order as a representation that the Participant entering
it has satisfied its obligations; provided, however, that the exchange
itself maintains a surveillance and enforcement program to verify that
the Participant is not acting in violation of this requirement. For
this reason, it is also consistent with the Act for a Participant to
designate an Order with a Time-in-Force longer than IOC, or an Order
with functionality such as the Post-Only Order, as an ISO.\81\
Specifically, attaching an ISO designation to such Order reflects a
representation that the Participant has determined that Protected
Quotations at the price of the Order have been eliminated, such that
the Order is entitled to post and provide liquidity. In the case of a
Post-Only Order, however, if the Order's price is adjusted to avoid
executing against an Order on the Nasdaq Book, Nasdaq will not consider
the ISO designation in determining whether the Post-Only Order's limit
price level is now open, since the Post-Only ISO itself is not actually
posting at that price. Accordingly, in that circumstance the use of a
Post-Only ISO cannot be used to open a price level to additional Orders
unless Nasdaq ascertains through market data provided by other
exchanges that the price level actually is open.
---------------------------------------------------------------------------

    \80\ SR-NYSE-2014-32 Approval Order.
    \81\ Id.
---------------------------------------------------------------------------

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. As previously stated, the
Exchange is not proposing substantively to modify the operation of any
of its current Order Types or Order Attributes or the operation of the
System; rather, the proposed rule change is intended to provide more
detail regarding the System's functionality. The proposed rule change
is not designed to address any competitive issues, but rather to
provide additional specificity and transparency to Participants and the
investing public regarding Nasdaq's Order Types, Order Attributes, and
System functionality. Since the Exchange does not propose substantively
to modify the operation of Order Types, Order Attributes, or System
functionality, the proposed changes will not impose any burden on
competition.

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

    Written comments were neither solicited nor received.

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

    Within 45 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 Exchange consents, the Commission shall: (a) By order approve
or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-024. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
024, and should be submitted on or before April 16, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\82\
---------------------------------------------------------------------------

    \82\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-06891 Filed 3-25-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Page 64347]
[FR Doc No: 2016-22548]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0877]

Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs three Multnomah County, Oregon bridges:
the Broadway Bridge; the Burnside Bridge; and the Hawthorne Bridge; all
crossing the Willamette River at Portland, OR. The deviation is
necessary to accommodate the Portland Marathon foot race event. This
deviation allows the bridges to remain in the closed-to-navigation
position to allow for the safe movement of event participants.

DATES: This deviation is effective from 5 a.m. to 3 p.m. on October 9,
2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0877] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Multnomah County, Oregon has requested a
temporary deviation from the operating schedule for the Broadway
Bridge, mile 11.7; Burnside Bridge, mile 12.4; and Hawthorne Bridge,
mile 13.1; all crossing the Willamette River at Portland, OR. The
deviation is necessary to accommodate Portland Marathon participants'
safe movement over the bridges. To facilitate this event, the draws of
theses bridges will be maintained as follows: The Broadway Bridge
provides a vertical clearance of 90 feet in the closed-to-navigation
position; the Burnside Bridge provides a vertical clearance of 64 feet
in the closed-to-navigation position; and the Hawthorne Bridge provides
a vertical clearance of 49 feet in the closed-to-navigation position;
all clearances are referenced to the vertical clearance above Columbia
River Datum 0.0. The normal operating schedule for all three bridges is
in 33 CFR 117.897.
    The deviation period is from 5 a.m. until 3 p.m. on October 9,
2016. Waterway usage on the Willamette River ranges from commercial tug
and barge to small pleasure craft. Vessels able to pass through the
Broadway Bridge, the Burnside Bridge, and the Hawthorne Bridge in the
closed-to-navigation position may do so at anytime. These bridges will
be able to open for emergency vessels in route to a call. The
Willamette River has no immediate alternate route for vessels to pass.
The Coast Guard will also inform the users of the waterways through our
Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: September 9, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-22548 Filed 9-19-16; 8:45 am]
 BILLING CODE 9110-04-P


PM2.5 Nonattainment Area Recommendations  Comparison of State, EPA and Environmental Coalition Recommended Areas ( 9/ 1/ 04)

State Area Name State Recommended NAA Counties EPA Recommended NAA Counties # Complete Counties # Partial Counties Power Plants Not Included in EPA Recommendations # Plants SO2 in TPY NOx in TPY Environmental Coaltion Recommended Nonattainment Counties # Counties Recommended by Environmental Coalition Alabama Atlanta Chambers 1 Birmingham Jefferson Jefferson Jefferson Shelby Shelby Walker 3 Walker Bibb Blount Chilton Cullman Gadsden ( Etowah) 1 8741 1918 Etowah St. Clair 9 Chattanooga Jackson 1 Jackson 1 Columbus Russell Lee Lee Russell 2 Russell Macon 3 California Imperial County Calexico City Imperial 1 Los Angeles Los Angeles( P) Los Angeles( P) Los Angeles Orange Orange Orange Riverside ( P) Riverside ( P) Riverside San Bernardino ( P) San Bernardino ( P) 1 3 San Bernardino Ventura 5 San Diego San Diego San Diego 1 San Diego 1 San Joaquin Valley Fresno Fresno Fresno Kern ( P) Kern ( P) Kern Kings Kings Kings Madera Madera Madera Merced Merced Merced San Joaquin San Joaquin San Joaquin Stanislaus Stanislaus Stanislaus Tulare Tulare 7 1 Tulare 8 Connecticut New York New Haven Fairfield Fairfield New Haven 2 New Haven Litchfield 3 Delaware Philadelphia New Castle New Castle 1 New Castle 1 DC Washington DC DC 1 DC Georgia Athens Clarke Clarke Clarke Madison Madison Oconee 3 Oconee Oglethorpe 4 Atlanta Barrow Barrow Barrow Bartow Bartow Bartow Carroll Carroll Carroll Cherokee Cherokee Cherokee Clayton Clayton Clayton Cobb Cobb Cobb Coweta Coweta Coweta DeKalb DeKalb DeKalb Douglas Douglas Douglas Fayette Fayette Fayette Forsyth Forsyth Floyd Fulton Fulton Forsyth Gwinnett Gwinnett Fulton Hall Hall Gwinnett Heard ( P) Heard ( P) Hall Henry Henry Heard ( P)

Newton Newton Henry Paulding Paulding Newton Rockdale Rockdale Paulding Spalding Spalding Rockdale Walton Walton Spalding Jasper Walton Putnam 22 1 Jasper Putnam Butts Dawson Haralson Lamar Meriwether Pickens Pike Polk Troup Upson 34 Georgia Floyd County Floyd Floyd 1 recommended as part of Atlanta NAA Georgia Chattanooga Walker Walker Walker Catoosa Catoosa Dade 3 Dade 3 Columbus Harris Harris Muscogee 2 Muscogee Chattahoochee Marion 4 Macon Bibb Bibb Bibb Monroe ( P) 1 1 Monroe Crawford Houston Jones Peach Putnam Twiggs 8 Illinois Chicago Cook Cook Cook DuPage DuPage DuPage Grundy ( P) Grundy ( P) Grundy Kane Kane Kane Kendall ( P) Kendall ( P) Kendall Lake Lake Lake McHenry McHenry McHenry Will Will 6 2 Will DeKalb Kankakee 10 St. Louis Madison Madison Madison Monroe Monroe Monroe St. Clair St. Clair St. Clair Randolph 4 Randolph Bond Calhoun Clinton Jersey Macoupin Coffeen 1 42331 14339 Montgomery Meredosia 1 25149 3816 Morgan Lakeside & Dallman 2 10630 9245 Sangamon 12 Indiana Chicago Lake Lake Lake Porter 2 Porter RM Schahfer 1 27,495 17,370 Jasper Michigan City 1 9,178 9,898 La Porte Newton 5 Cincinnati Dearborn ( P) 1 Dearborn Franklin Ohio 3 Elkhart Elkhart Elkhart Elkhart St. Joseph 2 St. Joseph 2 Evansville Dubois Dubois Dubois Vanderburgh Vanderburgh Vanderburgh Gibson Gibson Pike Pike Spencer Spencer Warrick 6 Warrick Edwardsport 1 8,178 1,925 Knox AB Brown 1 8,639 7,400 Posey 8 Hamilton Hamilton Hendricks Hendricks Johnson Johnson Marion Marion Morgan 5 Morgan Bartholomew Boone Brown Hancock Henry Jennings Madison Montgomery Putnam Shelby 15 Indiana Louisville Clark Clark Clark Floyd Floyd Jefferson 3 Jefferson Harrison Scott Washington 6 Kentucky Cincinnati Boone Boone Campbell Campbell Kenton 3 Kenton Bracken Ghent 1 46,552 19,179 Carroll Gallatin Grant HL Spurlock 1 40,510 8,235 Mason Pendelton 9 Evansville Elmer Smith 1 7,113 9,561 Daviess Henderson 1 & HMP& L Station 2 2 3867 5725 Henderson Robert Reid & RD Green 2 14006 8696 Webster 3 Huntington Boyd Boyd Lawrence 2 Lawrence Greenup 3 Lexington Fayette Fayette Fayette Clark Clark Madison Madison Mercer Mercer Woodford 5 Woodford Anderson Bath Bourbon Franklin Jessamine Menifee Montgomery Cooper 1 22,713 4,771 Pulaski Rock Castle Scott 15 Louisville Jefferson Jefferson Jefferson Bullitt 2 Bullitt Hardin Henry Larue Meade Nelson Oldham Shelly Spencer Trimble County 1 8,371 5,214 Trimble 11 Maryland Baltimore Anne Arundel Anne Arundel Anne Arundel Baltimore City Baltimore City Baltimore City Baltimore Baltimore Baltimore Carroll Carroll Harford Harford Howard 6 Howard Calvert Charles Frederick Montgomery Prince George's Queen Anne's St. Mary's 13 Berkeley Washington Washington 1 Washington Alleghany 2 Philadelphia Cecil 1 Washington Prince George's Prince George's see Baltimore MSA above Charles Frederick Montgomery 4 Michigan Detroit Monroe Monroe Monroe Wayne Wayne Wayne Livingston Livingston Macomb Macomb Oakland Oakland St. Clair St. Clair Washtenaw 7 Washtenaw Genesee Eckert Station 1 6,564 3,508 Ingham Lapeer 10 Missouri St. Louis Franklin Franklin Franklin Jefferson Jefferson Jefferson St. Charles St. Charles St. Charles St. Louis St. Louis St. Louis St. Louis City St. Louis City 5 St. Louis City St. Francois Lincoln Sullivan City Warren Washington 10 Ste. Genevieve Montana Lincoln County Libby area Lincoln 1 Lincoln 1 New Jersey New York Bergen Bergen Bergen Essex Essex Essex Hudson Hudson Hudson Mercer Mercer Mercer Middlesex Middlesex Middlesex Monmouth Monmouth Monmouth Morris Morris Morris Passiac Passiac Passiac Somerset Somerset Somerset Union Union 10 Union Ocean Sussex 12 Philadelphia Burlington Burlington Camden Camden Gloucester 3 Gloucester BL England 1 12,122 3,717 Cape May Cumberland Deepwater 1 2,459 979 Salem 6 New York New York Bronx Bronx Bronx Kings Kings Kings New York New York New York Queens Queens Queens Richmond Richmond Richmond Nassau Nassau Orange Orange Rockland Rockland Suffolk Suffolk Westchester 10 Westchester Duchess Putnam Ulster 13 North Carolina Greensboro Davidson Davidson Davidson Forsyth Forsyth Guilford Guilford Randolph Randolph Stokes 5 Stokes Cape Fear 1 11,755 2,645 Chatham Davie Dan River 1 2,949 1,376 Rockingham Buck 1 7,427 2,110 Rowan Surry Yadkin 11 Hickory Catawba ( P) Burke ( P) Burke Caldwell ( P) Caldwell Catawba 1 2 Catawba Alexander Cliffside ( Cleveland & Rutherford 1 22,098 3,633 Cleveland Rutherford 6 Ohio Canton Stark Stark 1 Stark Carroll 2 Cincinnati Butler Butler Butler Clermont Clermont Clermont Hamilton Hamilton Hamilton Warren Warren 4 Warren Brown Clinton 6 Cleveland Cuyahoga Cuyahoga Cuyahoga Lake Lake Lake Lorain Lorain Lorain Medina Medina Medina Portage Portage Portage Summit Summit Summit Ashtabula Ashtabula Geauga 8 Geauga Wayne 9 Columbus Delaware Delaware Delaware Fairfield Fairfield Fairfield Franklin Franklin Franklin Licking Licking Licking Coshocton 5 Coshocton Ross Madison Morrow Picway 1 10,457 1,098 Pickaway Union Marion Know Fayette 13 Dayton Clark Clark Clark Greene Greene Greene Montgomery Montgomery 3 Montgomery Champaign Darke Miami Preble 7 Huntington Lawrence Lawrence Lawrence Scioto Scioto Scioto Adams Adams Gallia 4 Gallia 4 Parkersburg Washington 1 Washington 1 Steubenville Jefferson Jefferson 1 Jefferson 1 Toledo Lucas Lucas Lucas Wood Wood 2 Wood Fulton Ottawa Sandusky 5 Wheeling Belmont 1 Belmont 1 Youngstown Trumbull Trumbull Trumbull Columbiana Columbiana Mahoning 3 Mahoning 3 Pennsylvania Harrisburg Cumberland Cumberland Cumberland Dauphin Dauphin Dauphin Lebanon 3 Lebanon Perry Sunbury 1 25,217 5,398 Snyder 5 Johnstown Cambria Cambria Cambria Indiana 2 Indiana 2 Lancaster Lancaster Lancaster 1 Lancaster 1 New York Pike 1 Philadelphia Chester Chester Chester Delaware Delaware Delaware Philadelphia Philadelphia Philadelphia Bucks Bucks Montgomery 5 Montgomery Lehigh Martins Creek & Portland 2 46371 8141 Northhampton 7 Pittsburgh Alleghany Alleghany Alleghany Beaver Beaver Beaver Washington Washington Washington Westmoreland Westmoreland Westmoreland Armstrong Armstrong Butler Butler Greene Greene Lawrence 8 Lawrence Fayette 9 Reading Berks Berks 1 Berks 1 York York York 1 York Gettysburg 2 Youngstown Mercer 1 Mercer 1 Tennessee Chattanooga Hamilton Hamilton Hamilton Marion 2 Marion 2 Knoxville Knox Knox Knox Anderson Anderson Blount Blount Loudon Loudon McMinn McMinn Roane Roane Sevier 7 Sevier Campbell Union 9 Virginia Washington Alexandria City Alexandria City Arlington Arlington Fairfax Fairfax Loudoun Loudoun Prince William Prince William Falls Church City Falls Church City Manassas City Manassas City Manassas Park City Manassas Park City Fairfax City 9 Fairfax City Clarke Fauquier Frederick Fredericksburg City Spotsylvania Stafford Warren Winchester City 17 West Virginia Hagerstown Berkeley Berkeley 1 Berkeley Morgan 2 Charleston Kanawha Kanawha Kanawha Putnam Putnam Putnam Mason 3 Mason Boone Clay Lincoln 6 Huntington Cabell Cabell Cabell Wayne Wayne 2 Wayne 2 Fairmont Marion Marion Marion Harrison Harrison Monongalia 3 Monongalia Albright 1 20,561 4,672 Preston Doddridge Taylor 6 Parkersburg Wood Wood Wood Pleasants 2 Pleasants Wirt 3 Steubenville Brooke Brooke Brooke Hancock Hancock 2 Hancock 2 Wheeling Marshall Marshall Marshall Ohio Ohio 2 Ohio 2 Wisconsin Chicago Kenosha 1 Kenosha 1 Totals 133 counties, 9 partial counties 233 11 30 451453 164569 406


[Federal Register: July 14, 2006 (Volume 71, Number 135)]
[Notices]
[Page 40086]
[DOCID:fr14jy06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR06-17-000]

Enogex Inc.; Notice of Petition for Rate Approval

July 7, 2006.
    Take notice that on June 30, 2006, Enogex Inc. (Enogex) submitted
for filing revised zonal fuel percentages for the East and West Zones
on the Enogex System to be effective for the period August 1, 2006 to
December 31, 2006. Specifically, Enogex seeks to lower the fuel
percentage for the East Zone from 0.96% to 0.43% and to increase the
fuel percentage for the West Zone from 0.11% to 0.26%, effective August
1, 2006.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 21, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-11183 Filed 7-13-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Rules and Regulations]
[Pages 27610-27613]
[FR Doc No: 2011-11557]

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

40 CFR Part 52

[EPA-R03-OAR-2011-0142; FRL-9304-2]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Adoption of Control Techniques Guidelines for Large Appliance
Coatings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the Maryland Department
of the Environment (MDE). This SIP revision includes amendments to
Maryland's regulation for Volatile Organic Compounds from Specific
Processes and meets the requirement to adopt Reasonably Available
Control Technology (RACT) for sources covered by EPA's Control
Techniques Guidelines (CTG) standards for large appliance coatings.
These amendments will reduce emissions of volatile organic compound
(VOC) emissions from large appliance coating facilities. Therefore,
this revision will help Maryland attain and maintain the national
ambient air quality standard (NAAQS) for ozone. This action is being
taken under the Clean Air Act (CAA).

DATES: This rule is effective on July 11, 2011 without further notice,
unless EPA receives adverse written comment by June 13, 2011. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0142, by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0142, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0142. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov website is an anonymous access system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of

the Environment, 1800 Washington Boulevard, Suite 705, Baltimore,
Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On December 15, 2010, MDE submitted to EPA
SIP revision concerning the adoption of the EPA CTG for large appliance
coatings.

I. Background

    Section 172(c)(1) of the CAA provides that SIPs for nonattainment
areas must include reasonably available control measures (RACM),
including RACT, for sources of emissions. Section 182(b)(2)(A) provides
that for certain nonattainment areas, States must revise their SIPs to
include RACT for sources of VOC emissions covered by a CTG document
issued after November 15, 1990 and prior to the area's date of
attainment.
    EPA defines RACT as ``the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility.'' (44 FR 53761, Sept. 17, 1979). In subsequent
Federal Register notices, EPA has addressed how states can meet the
RACT requirements of the CAA.
    The CTG for large appliance coatings is intended to provide State
and local air pollution control authorities information that should
assist them in determining RACT for VOC from large appliance coatings.
In developing this CTG, EPA evaluated the sources of VOC emissions from
the large appliance coating industry and the available control
approaches for addressing these emissions, including the costs of such
approaches. Based on available information and data, EPA provides
recommendations for RACT for large appliance coating.
    In December 1977, EPA published a final CTG for large appliance
coatings, entitled ``Control of Volatile Organic Emissions from
Existing Stationary Sources, Volume V, Surface Coating of Large
Appliances,'' EPA-450/2-77-034 (December 1977). In October 1982, EPA
promulgated national standards of performance for new stationary
sources (NSPS) for large appliances (40 CFR part 60, subpart SS). The
1982 NSPS requires VOC emissions limits based on VOC content of low VOC
coating materials. In July 2002, EPA promulgated a national emission
standard for hazardous air pollutants (NESHAP) for these industries
large appliances (40 CFR part 63, subpart NNNN). The 2002 NESHAP
establishes national emission standards for hazardous air pollutants
(HAP) for large appliance surface coating facilities and emissions
limits based on the organic HAP content of low organic HAP coating
materials.
    In 2006 and 2007, after conducting a review of currently existing
state and local VOC emission reduction approaches for these industries,
reviewing the 1977/1978 CTGs and the NESHAPs for these industries, and
taking into account the information that has become available since
then, EPA developed new CTGs for: Surface coating of large appliances,
entitled ``Control Techniques Guidelines for Large Appliance
Coatings,'' EPA 453/R-07-004 (September 2007).
    Large appliance coatings include, but are not limited to, materials
referred to as paint, topcoats, basecoats, primers, enamels, and
adhesives used in the manufacture of large appliance parts or products.
A large appliance part is defined as any organic surface-coated metal
lid, door, casing, panel, or other interior or exterior part or
accessory that is assembled to form a large appliance product. A large
appliance product is also defined as any organic surface-coated metal
range, oven, microwave, refrigerator, freezer, washer, dryer,
dishwasher, water heater, or trash compactor manufactured for
household, commercial, or recreational use. There are several
approaches to reducing VOC emissions from large appliance coatings: (1)
Emission limits that can be achieved through the use of low-VOC
coatings, (2) equivalent emission limits that can be achieved through
the use of low-VOC coatings or a combination of coatings and add-on
controls, (3) an overall control efficiency of 90 percent for add-on
controls, and (4) the implementation of work practice standards.

II. Summary of SIP Revision

    On December 15, 2010, MDE submitted to EPA a SIP revision
(10-09) concerning the adoption of the EPA CTG for large
appliance coatings. EPA develops CTGs as guidance on control
requirements for source categories. States can follow the CTGs or adopt
more restrictive standards. MDE is adopting the more restrictive 2.3
pounds/gallon (lbs/gal) standard for large appliance coatings (see EPA-
450/2-78-034, June 1978). This SIP revision amends Regulation .06--
Large Appliance Coatings under COMAR 26.11.19--Volatile Organic
Compounds from Specific Processes. This action affects sources that
coat doors, cases, lids, panels, or other interior or exterior part or
accessory of residential and commercial washers, dryers, ranges,
refrigerators, freezers, water heaters, dishwashers, trash compactors,
air conditioners, ovens, microwave ovens, and other similar products.
    Regulation COMAR <IP_ADDRESS>--Control of Volatile Organic Compounds
Emissions from Large Appliance Coatings includes under section .06A the
definition for large appliance coatings. Under section .06B, it also
includes the coating standard requirements for large appliance
coatings. These standards require that any person who uses a large
appliance coating installation may not cause or permit the discharge
into the atmosphere of any VOC from a large appliance coating
installation in excess of 2.3 lbs/gal of coating applied (excluding
water) (0.275 kg/l of coating applied (excluding water)); shall use
control equipment to achieve an overall VOC emissions reduction of 90
percent or greater from the large appliance coating installation at the
affected facility; and use one or more of the following application
methods: (a) Electrostatic application; (b) high volume/low pressure
(HVLP) spray; (c) Flow coat; (d) Roller coat; (e) Dip coat including
electrodeposition; (f) Brush coat; or (g) other coating application
method that has a transfer efficiency equivalent to or better than that
achieved by HVLP spraying.

III. Final Action

    EPA is approving the Maryland SIP revision that adopts the CTG
standards for large appliance coatings. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the Proposed Rules section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on July 11, 2011 without further notice unless EPA
receives adverse comment by June 13, 2011. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the 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 Order
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 11, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking.
    This action pertaining to Maryland's adoption of the CTG standards
for large appliance coatings may not be challenged later in proceedings
to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: April 26, 2011.
James W. Newsom,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
an entry for COMAR <IP_ADDRESS> to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
       Code of Maryland                               State
  Administrative Regulations      Title/subject     effective   EPA approval date     Additional explanation/
       (COMAR) citation                                date                          citation at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds from Specific Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>...................  Large Appliance        10/1/10  5/12/11 [Insert
                                 Coating.                        page number
                                                                 where the
                                                                 document begins].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2011-11557 Filed 5-11-11; 8:45 am]
BILLING CODE 6560-50-P


  SEQ CHAPTER \h \r 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
CHARTER

________________________________________________________________________
______

Farm, Ranch, and Rural Communities Advisory Committee

________________________________________________________________________
______

1.		Committee's Official Designation (Title):

Farm, Ranch, and Rural Communities Advisory Committee.

2.		Authority:

This charter establishes the Farm, Ranch, and Rural Communities Advisory
Committee

( FRRCC)  in accordance with the provisions of the Federal Advisory
Committee Act (FACA),

5 U.S.C. App. 2 § 9 (c).  The FRRCC is in the public interest and
supports EPA in performing its duties and responsibilities.

3.	Objectives and Scope of Activities:

	The FRRCC will provide advice and recommendations to the Administrator
on

environmental issues and programs that impact, or are of concern to,
farms, ranches, and rural communities.  Topics covered may include
issues relating to water, air and radiation, solid waste and emergency
response, pesticides and toxics, enforcement and compliance assistance,
and research and development.

The major objectives will be to provide advice and recommendations on:

Impacts of Agency agriculture-related programs, policies, and
regulations regarding climate change and renewable energy.

Identification and development of a comprehensive environmental strategy
for livestock operations.

Development of a constructive approach or framework to address areas of
common interest between sustainable agriculture and protection of the
environment.

4.	Description of Committee’s Duties:

The duties of the FRRCC are solely advisory in nature.

5.	Official(s) to Whom the Committee Reports:

The FRRCC will report its advice and recommendations to the EPA
Administrator.

6.	Agency Responsible for Providing the Necessary Support:

EPA’s Office of Cooperative Environmental Management, Office of the
Administrator will be responsible for financial and administrative
support.

7.	Estimated Annual Operating Costs and Person-Years:

The estimated annual operating cost of the FRRCC is $375,000 which
includes 2.0 person-years of support.

8.	Estimated Number and Frequency of Meetings:

The Committee expects to meet approximately two (2) times a year, or as
needed and approved by the Designated Federal Officer (DFO).  Meetings
will be held in Washington, DC and the EPA regions.  EPA may pay travel
and per diem expenses when determined necessary and appropriate. A
full-time or permanent part-time employee of EPA will be appointed as
the DFO.  The DFO or a designee will be present at all meetings, and
each meeting will be conducted in accordance with an agenda approved in
advance by the DFO.  The DFO is authorized to adjourn any meeting when
he or she determines it is in the public interest to do so.

As required by FACA, the FRRCC will hold open meetings unless the EPA
Administrator determines that a meeting or a portion of a meeting may be
closed to the public in accordance with 5 U.S.C. § 552b (c).
Interested persons may attend meetings, appear before the Committee as
time permits, and file comments with the Committee.

9.	Duration and Termination:

The FRRCC will be examined annually and will exist until the EPA
determines that the Committee is no longer needed. This charter will be
in effect for two years from the date it is filed with Congress. After
the initial two-year period, the charter may be renewed as authorized in
accordance with Section 14 of FACA (5 U.S.C. App. 2 § 14).

10.	Member Composition:

The FRRCC will be composed of approximately thirty (30) members who will
serve as Regular Government Employees (RGEs) or as Representative
members.  The majority of members will be actively engaged in farming or
ranching.  In selecting members, EPA will consider candidates from farm
groups, conservation and environmental groups, agricultural processors
and retailers, academia, citizen’s groups, and state, local, and
tribal governments. Members may represent farmers, ranchers, and rural
communities—large and small, crop and livestock, commodity and
specialty, regionally balanced—and the rural suppliers, marketers, and
processors that serve farmers, ranchers and rural communities; as well
as the academic/research community who do research on environmental
issues impacting agriculture, tribal agriculture groups, state and local
government representatives, and environmental/conservation groups. The
USDA and other Federal agency members will serve as RGEs

11.	Subgroups:

EPA, or the FRRCC with EPA’s approval, may form subcommittees or
workgroups for any purpose consistent with this charter.  Such
subcommittees or workgroups may not work independently of the chartered
Committee and must report their recommendations and advice to the
chartered Committee for full deliberation and discussion.  Subcommittees
or workgroups have no authority to make decisions on behalf of the
chartered committee nor can they report directly to the EPA.

January 22, 2008

Agency Approval Date

January 23, 2008

GSA Consultation Date

February 20, 2008

Date Filed with Congress