[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Rules and Regulations]
[Page 36614-36615]
[DOCID:fr24jy09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 356, 365, and 374

[Docket No. FMCSA-2008-0235]
RIN 2126-AB16

Elimination of Route Designation Requirement for Motor Carriers
Transporting Passengers Over Regular Routes

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

ACTION: Notice of disposition.

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SUMMARY: On March 17, 2009, FMCSA published a notice in the Federal
Register (74 FR 11318) extending the effective date of its January 16,
2009 final rule entitled ``Elimination of Route Designation Requirement
for Motor Carriers Transporting Passengers Over Regular Routes'' until
June 15, 2009. This allowed for the solicitation of additional public
comments on the final rule and gave the incoming Administration
sufficient time to consider and respond to comments. After reviewing
the one comment that was received, FMCSA decided to allow the January
19, 2009 final rule to go into effect. This notice addresses the
comment that was submitted.

DATES: The effective date for the rule amending 49 CFR Parts 356, 365,
and 374 published at 74 FR 2895 on January 16, 2009, was June 15, 2009.
The compliance date for this rule was July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Regulatory
Development Division,<PHONE_NUMBER> or by e-mail at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    On January 16, 2009, FMCSA published a final rule announcing the
discontinuation of the administrative requirement that applicants
seeking for-hire authority to transport passengers over regular routes
submit a detailed description and a map of the route(s) over which they
propose to operate (74 FR 2895). The Agency indicated that it will
register such carriers as regular-route carriers without requiring the
designation of specific regular routes and fixed end-points. Once motor
carriers have obtained regular-route, for-hire operating authority from
FMCSA, they will no longer need to seek additional FMCSA approval in
order to change or add routes. The rule amended certain provisions of
49 CFR Parts 356, 365 and 374 to make them consistent with the Agency's
discontinuation of the route designation requirement. Each registered
regular-route motor carrier of passengers will continue to be subject
to the full safety oversight and enforcement programs of FMCSA and its
State and local partners.
    The effective date of the rule was originally March 17, 2009, with
a compliance date of July 15, 2009. In accordance with the January 20,
2009 memorandum from the Assistant to the President and Chief of Staff
(74 FR 4435), FMCSA published a notice on March 3, 2009 seeking comment
on a proposal to delay the effective date of the final rule for 90 days
(74 FR 9172).
    Based on comments submitted in response to the March 3 notice,
FMCSA extended the effective date of the final rule from March 17,
2009, to June 15, 2009, for the purpose of allowing the new leadership
of the Department of Transportation to review the proceeding and to
seek additional public comment (74 FR 11318, March 17, 2009).

Comments to the March Notice

    Greyhound Lines, Inc. (Greyhound) submitted the only comment to the
March 17 notice. Greyhound expressed concern that the Agency's proposal
would prevent meaningful implementation of the Over-The-Road Bus
Transportation Accessibility Act of 2007, Public Law 110-291, 122 Stat.
2915, July 30, 2008 because, without route designations, FMCSA would be
unable to assess whether an applicant for new operating authority has
adequate equipment and systems to comply with the Americans with
Disabilities Act (ADA). Moreover, eliminating the need for existing
carriers to seek new authority before expanding their operations would
eliminate FMCSA's ability to assess ADA compliance before allowing
route expansion.
    Greyhound also took issue with the Agency's statement, in the
preamble to the final rule, that FMCSA and its predecessor agencies
have not used route designations in determining whether an applicant
could operate safely over a specific route, but provided no cases to
support its position. Greyhound reiterated arguments, made previously
in this

rulemaking proceeding, that FMCSA adopt a new process that would give
greater scrutiny to a passenger carrier's willingness and ability to
comply with safety fitness and ADA requirements at the application
stage.

Response to Greyhound's Comment

    FMCSA has not used the route filings for any of its safety
enforcement or other program purposes. The Department of Transportation
has signed the statutorily-required Memorandum of Understanding on ADA
enforcement with the Department of Justice, which has the primary ADA
enforcement role, and FMCSA will use other existing authorities to
consider and, where appropriate, take enforcement action with respect
to complaints of ADA non-compliance. These existing authorities do not
require establishment of a separate enforcement process. Accordingly,
FMCSA allowed the final rule to become effective on June 15, 2009.
    The OP-1(P) application form has also been changed to eliminate the
current route-designation and mapping requirements. Because changes to
the OP-1(P) form had to be approved by the Office of Management and
Budget, FMCSA delayed implementation of the new procedures until July
15, 2009. The rule is now in effect and compliance is required by all
regular-route motor carriers of passengers.

    Issued on: July 17, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-17620 Filed 7-23-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2775]
[FR Doc No: 2015-00750]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2014-147]

Petition for Exemption; Summary of Petition Received; Sterling
Aviation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before February 9, 2015.

ADDRESSES: Send comments identified by docket number FAA-2014-0948
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 14, 2015.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0948.
    Petitioner: Sterling Aviation, LLC.
    Section(s) of 14 CFR Affected: Part 120, Subparts E and F.
    Description of Relief Sought: Landmark Aviation Inc. is seeking
relief from the regulatory requirements under 14 CFR part 120 to
maintain and administer separate drug and alcohol testing programs for
five of its part 135 operations. Specifically, Sterling Aviation (the
petitioner) requests relief from the requirement to conduct pre-
employment testing, random testing accounting, education and training
for safety-sensitive employees that are currently included in the FAA-
mandated drug and alcohol testing programs for Sterling Aviation;
Piedmont Hawthorne Aviation LLC; Galvin Flying Service, Inc; Midlantic
Jet Charters Inc.; and Daedalus Inc. Sterling Aviation anticipates the
issuance of a single operating certificate for the merger of the above
listed part 135 certificate operations and requests to operate the drug
and alcohol testing programs in unison prior to the single operating
certificate issuance.

[FR Doc. 2015-00750 Filed 1-16-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 85 (Friday, May 1, 2020)]
[Notices]
[Pages 25430-25431]
[FR Doc No: 2020-09313]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC20-57-000.
    Applicants: Little Bear Solar 1, LLC, Little Bear Solar 3, LLC,
Little Bear Solar 4, LLC, Little Bear Solar 5, LLC, Little Bear Master
Tenant, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Little Bear Solar 1, LLC, et al.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5313.
    Comments Due: 5 p.m. ET 5/15/20.

    Docket Numbers: EC20-58-000.
    Applicants: Bishop Hill Energy LLC, Blue Sky East, LLC, California
Ridge Wind Energy LLC, Canandaigua Power Partners, LLC, Canandaigua
Power Partners II, LLC, Erie Wind, LLC, Evergreen Gen Lead, LLC,
Evergreen Wind Power, LLC, Evergreen Wind Power III, LLC, Imperial
Valley Solar 1, LLC, Niagara Wind Power, LLC, Prairie Breeze Wind
Energy LLC, Regulus Solar, LLC, Stetson Holdings, LLC, Stetson Wind II,
LLC, Vermont Wind, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al. of Bishop Hill Energy LLC, et al.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5318.
    Comments Due: 5 p.m. ET 5/15/20.

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

    Docket Numbers: ER10-2718-035; ER10-2719-035; ER17-424-006.
    Applicants: East Coast Power Linden Holding, L.L.C., Cogen
Technologies Linden Venture, L.P., Footprint Power Salem Harbor
Development.
    Description: Notice of Non-Material Change in Status of Cogen
Technologies Linden Venture, L.P., et al.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5307.
    Comments Due: 5 p.m. ET 5/15/20.

    Docket Numbers: ER11-3417-013; ER19-1073-003; ER10-2895-020; ER14-
1964-011; ER16-287-006; ER12-161-020; ER13-2143-013; ER10-3167-012;
ER13-203-012; ER12-2068-016; ER17-482-005; ER19-1074-003; ER11-3942-
021; ER20-1447-001; ER10-2917-020; ER19-1075-003; ER19-529-003; ER19-
2429-002; ER13-1613-013; ER12-645-021; ER10-2460-016; ER10-2461-017;
ER10-2918-021; ER10-2920-020; ER12-682-017; ER10-2463-016; ER11-2201-
020; ER11-3941-018; ER10-2921-020; ER10-2922-020; ER13-1139-020; ER13-
1346-012; ER13-17-014; ER14-25-016; ER14-2630-013; ER10-2966-020; ER11-
2383-015; ER12-1311-016; ER10-2466-017; ER11-4029-016; ER19-1076-003.
    Applicants: Brookfield Asset Management, Inc., Alta Wind VIII, LLC,
Bear Swamp Power Company LLC, BIF II Safe Harbor Holdings LLC, BIF III
Holtwood LLC, Black Bear Development Holdings, LLC, Black Bear Hydro
Partners, LLC, Black Bear SO, LLC, BREG Aggregator LLC, Brookfield
Energy Marketing Inc., Brookfield Energy Marketing LP, Brookfield
Energy Marketing US LLC, Brookfield Power Piney & Deep Creek LLC,
Brookfield Renewable Energy Marketing US LLC, Brookfield Renewable
Trading and Marketing LP, Brookfield Smoky Mountain Hydropower LLC,
Brookfield White Pine Hydro LLC, Carr Street Generating Station, L.P.,
Erie Boulevard Hydropower, L.P., Granite Reliable Power, LLC, Great
Lakes Hydro America, LLC, Hawks Nest Hydro LLC, Mesa Wind Power
Corporation, Rumford Falls Hydro LLC, Safe Harbor Water Power
Corporation, Windstar Energy, LLC, Bishop Hill Energy LLC, Blue Sky
East, LLC, California Ridge Wind Energy LLC, Canandaigua Power
Partners, LLC, Canandaigua Power Partners II, LLC, Erie Wind, LLC,
Evergreen Wind Power, LLC, Evergreen Wind Power III, LLC, Imperial
Valley Solar 1, LLC, Niagara Wind Power, LLC, Prairie Breeze Wind
Energy LLC, Regulus Solar, LLC, Stetson Holdings, LLC, Stetson Wind II,
LLC, Vermont Wind, LLC.
    Description: Notice of Non-Material Change in Status of the
Brookfield Asset Management, Inc. Sellers, et al.
    Filed Date: 4/24/20.
    Accession Number: 2020.0424-5320
    Comments Due: 5 p.m. ET 5/15/20.

    Docket Numbers: ER19-391-001.
    Applicants: Panda Hummel Station LLC.
    Description: Compliance filing: Compliance 2020 information updated
to be effective N/A.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5268.
    Comments Due: 5 p.m. ET 5/15/20.

    Docket Numbers: ER20-1241-002.
    Applicants: Pixelle Androscoggin LLC.
    Description: Tariff Amendment: Amended Tariff to be effective 4/25/
2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5006.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1242-002.
    Applicants: Pixelle Energy Services LLC.
    Description: Tariff Amendment: Amended Tariff to be effective 4/27/
2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5016.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1654-000.
    Applicants: Public Service Company of Colorado.
    Description: Tariff Cancellation: 2020-04-24_PSCo-MEAN-NITS-246-
NOC-0.1.0 to be effective 6/23/2020.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5282.
    Comments Due: 5 p.m. ET 5/15/20.

    Docket Numbers: ER20-1655-000.
    Applicants: Talen Energy Marketing, LLC.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Tariff
Revisions to be effective 4/28/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5117.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1656-000.
    Applicants: MidAmerican Energy Company.
    Description: Sec.  205(d) Rate Filing: Joint Pricing Zone Revenue
Allocation Agreement-3rd Revised to be effective 6/1/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5133.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1657-000.
    Applicants: Mechanicsville Solar, LLC.
    Description: Baseline eTariff Filing: baseline new to be effective
6/1/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5141.
    Comments Due: 5 p.m. ET 5/18/20.
    Docket Numbers: ER20-1658-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-04-27_MRES as agent for
Atlantic and Pella Revisions to Sch 7,8,9 to be effective 6/1/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5148.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1659-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Updated Real Power Loss
Factor to be effective 5/1/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5151.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1660-000.
    Applicants: Mississippi Power Company.
    Description: Sec.  205(d) Rate Filing: MRA 29 Rate Case Filing to
be effective 6/1/2020.

    Filed Date: 4/27/20.
    Accession Number: 20200427-5167.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1661-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2020-04-27_SA 3481 A TC-
Richland County Solar GIA (J864) to be effective 4/13/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5183.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1662-000.
    Applicants: Crystal Lake Wind Energy I, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Filing to be effective 6/27/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5185.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1663-000.
    Applicants: Public Service Electric and Gas Company, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: PSEG submits Interconnection
Agreement, SA No. 5590 with Silver Run to be effective 5/27/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5186.
    Comments Due: 5 p.m. ET 5/18/20.

    Docket Numbers: ER20-1664-000.
    Applicants: RE Mustang Two Whirlaway LLC.
    Description: Sec.  205(d) Rate Filing: RE Mustang Two Whirlaway LLC
LGIA Co-Tenancy Agreement to be effective 4/28/2020.
    Filed Date: 4/27/20.
    Accession Number: 20200427-5187.
    Comments Due: 5 p.m. ET 5/18/20.

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

    Docket Numbers: ES20-26-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities, et al. of PJM Interconnection,
L.L.C.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5304.
    Comments Due: 5 p.m. ET 5/4/20.

    Docket Numbers: ES20-27-000.
    Applicants: PJM Settlement, Inc.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities, et al. of PJM Settlement, Inc.
    Filed Date: 4/24/20.
    Accession Number: 20200424-5305.
    Comments Due: 5 p.m. ET 5/4/20.

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

    Dated: April 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-09313 Filed 4-30-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Page 26616]
[FR Doc No: 2016-10347]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Bird/Other
Wildlife Strike Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. Wildlife strike data are collected to develop
standards and monitor hazards to aviation.

DATES: Written comments should be submitted by July 5, 2016.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OMB Control Number: 2120-0045.
    Title: Bird/Other Wildlife Strike Report.
    Form Numbers: FAA Form 5200-7.
    Type of Review: Renewal of an information collection.
    Background: 14 CFR 139.337--Wildlife Hazard Management requires
that wildlife strike data is collected to develop standards and monitor
hazards to aviation. Data identify wildlife strike control requirements
and provide in-service data on aircraft component failure. The FAA form
5200-7, Bird/Other Wildlife Strike Report, is most often completed by
the pilot-in-charge of an aircraft involved in a wildlife collision or
by Air Traffic Control Tower personnel, or other airline or airport
personnel who have knowledge of the incident.
    Respondents: Approximately 7,666 pilots, air traffic control
personnel, or other airline or airport personnel.
    Frequency: Information is collected as needed.
    Estimated Average Burden per Response: 5 minutes.
    Estimated Total Annual Burden: 613 hours.

    Issued in Washington, DC, on April 27, 2016.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2016-10347 Filed 5-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 9024-9028]
[FR Doc No: 2014-03250]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71516; File No. SR-NASDAQ-2014-013]

Self-Regulatory Organizations; the NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to NASDAQ Options Market Fees and Rebates

February 10, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 29, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by NASDAQ.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to modify Chapter XV, entitled ``Options Pricing,''
at Section 2 governing pricing for NASDAQ members using the NASDAQ
Options Market (``NOM''), NASDAQ's facility for executing and routing
standardized equity and index options. Specifically, NOM proposes to:
(i) Amend the Customer Non-Penny Pilot Options \3\ Rebate to Add
Liquidity; (ii) amend the Customer and Professional Rebates to Add
Liquidity in Penny Pilot Options; \4\ and (iii) amend the Penny Pilot
Options Customer Fee for Removing Liquidity.
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    \3\ The Non-Penny Pilot Options pricing includes options
overlying the Nasdaq 100 Index traded under the symbol NDX.
    \4\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through June 30, 2014. See Securities
Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR 18587 (April
4, 2008) (SR-NASDAQ-2008-026) (notice of filing and immediate
effectiveness establishing Penny Pilot); 60874 (October 23, 2009),
74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) (notice of
filing and immediate effectiveness expanding and extending Penny
Pilot); 60965 (November 9, 2009), 74 FR 59292 (November 17, 2009)
(SR-NASDAQ-2009-097) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); 61455 (February 1,
2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-2010-013) (notice of
filing and immediate effectiveness adding seventy-five classes to
Penny Pilot); 62029 (May 4, 2010), 75 FR 25895 (May 10, 2010) (SR-
NASDAQ-2010-053) (notice of filing and immediate effectiveness
adding seventy-five classes to Penny Pilot); 65969 (December 15,
2011), 76 FR 79268 (December 21, 2011) (SR-NASDAQ-2011-169) (notice
of filing and immediate effectiveness extension and replacement of
Penny Pilot); 67325 (June 29, 2012), 77 FR 40127 (July 6, 2012) (SR-
NASDAQ-2012-075) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through December 31, 2012);
68519 (December 21, 2012), 78 FR 136 (January 2, 2013) (SR-NASDAQ-
2012-143) (notice of filing and immediate effectiveness and
extension and replacement of Penny Pilot through June 30, 2013);
69787 (June 18, 2013), 78 FR 37858 (June 24, 2013) (SR-NASDAQ-2013-
082) and 71105 (December 17, 2013), 78 FR 77530 (December 23, 2013)
(SR-NASDAQ-2013-154). See also NOM Rules, Chapter VI, Section 5.
---------------------------------------------------------------------------

    While the changes proposed herein are effective upon filing, the
Exchange has designated that the amendments be operative on February 3,
2014.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    NASDAQ proposes to amend certain fees in Chapter XV, Section 2. The
Exchange proposes to amend the Non-Penny Pilot Options Customer Rebate
to Add Liquidity to encourage Participants to add liquidity by earning
a higher Non-Penny Pilot Customer Rebate to Add Liquidity. The Exchange
also proposes to amend the Tier 8 Rebate to Add Liquidity to lower the
Professional rebate paid for that tier. While the Exchange is lowering
the Professional Rebate to Add Liquidity in Penny Pilot Options, the
Exchange believes that the rebate will continue to encourage
Participants to add volume to earn the rebate. The Exchange proposes to
increase the Customer Penny Pilot Options Fee for Removing Liquidity
from $0.45 to $0.47 per contract. Despite the increase, the Exchange
believes this fee remains competitive.
Non-Penny Pilot Customer Rebate To Add Liquidity
    The Exchange currently pays a Customer Non-Penny Pilot Rebate to
Add Liquidity of $0.84 per contract. Non-Customer Participants do not
receive a Non-Penny Pilot Rebate to Add Liquidity. The Exchange
proposes to pay an additional $0.01 per contract Non-Penny Pilot
Options Customer Rebate to Add Liquidity (for a total rebate of $0.85
per contract) to a Participant that qualifies for a Tier 7 or 8
Customer or Professional Penny Pilot Options Rebate to Add Liquidity in
a given month. Participants would receive the additional $0.01 per
contract rebate for each transaction which adds liquidity in Non-Penny
Pilot Options in that month.
Penny Pilot Options Customer and Professional Rebate To Add Liquidity
    The Exchange currently pays Customer and Professional Rebates to
Add Liquidity based on an eight tier rebate structure as follows:

------------------------------------------------------------------------
                                                              Rebate to
                       Monthly volume                            add
                                                              liquidity
------------------------------------------------------------------------
Tier 1 Participant adds Customer and/or Professional               $0.25
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options of up to 0.20% of total industry customer equity
 and ETF option average daily volume (``ADV'') contracts
 per day in a month........................................
Tier 2 Participant adds Customer and/or Professional                0.42
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options above 0.20% to 0.30% of total industry customer
 equity and ETF option ADV contracts per day in a month....
Tier 3 Participant adds Customer and/or Professional                0.43
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options above 0.30% to 0.40% of total industry customer
 equity and ETF option ADV contracts per day in a month....

Tier 4 Participant adds Customer and/or Professional                0.45
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options above 0.40% or more of total industry customer
 equity and ETF option ADV contracts per day in a month....
Tier 5 Participant adds (1) Customer and/or Professional            0.45
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options of 25,000 or more contracts per day in a month,
 (2) the Participant has certified for the Investor Support
 Program set forth in Rule 7014, and (3) the Participant
 executed at least one order on NASDAQ's equity market.....
Tier 6 Participant has Total Volume of 100,000 or more              0.45
 contracts per day in a month, of which 25,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity in Penny Pilot Options.............
Tier 7 Participant has Total Volume of 150,000 or more              0.47
 contracts per day in a month, of which 50,000 or more
 contracts per day in a month must be Customer and/or
 Professional liquidity in Penny Pilot Options.............
Tier 8 Participant adds Customer and/or Professional                0.48
 liquidity in Penny Pilot Options and/or Non-Penny Pilot
 Options of 0.75% or more of national customer volume in
 multiply-listed equity and ETF options classes in a month.
------------------------------------------------------------------------

    For purposes of qualifying for a Customer and Professional Rebate
to Add Liquidity tier, the Exchange determines the applicable
percentage of total industry customer equity and ETF option average
daily volume by including the Participant's Penny Pilot and Non-Penny
Pilot Customer and/or Professional volume that adds liquidity. The
Exchange is proposing to make certain amendments to the tiers as noted
below.
    The Exchange proposes to amend the Tier 8 Professional Penny Pilot
Options Rebate to Add Liquidity to reduce the rebate paid from $0.48 to
$0.47 per contract. Today, the Exchange pays a $0.48 per contract
Customer and Professional Penny Pilot Options Tier 8 Rebate to Add
Liquidity to Participants that add Customer and/or Professional
liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of
0.75% or more of national customer volume in multiply-listed equity and
ETF options classes in a month. The Exchange would continue to pay a
Penny Pilot Options Rebate to Add Liquidity of $0.48 per contract to
Participants that add Customer liquidity and qualify for Tier 8.
Customer Penny Pilot Options Fee for Removing Liquidity
    The Exchange proposes to increase the Penny Pilot Options Customer
Fee for Removing Liquidity from $0.45 to $0.47 per contract. The
Exchange will continue to assess a NOM Market Maker a $0.48 per
contract Penny Pilot Options Fee for Removing Liquidity. A
Professional, Firm, Non-NOM Market Maker and Broker-Dealer will
continue to be assessed $0.49 per contract.
2. Statutory Basis
    NASDAQ believes that its proposal to amend its Pricing Schedule is
consistent with Section 6(b) of the Act \5\ in general, and furthers
the objectives of Section 6(b)(4) and (b)(5) of the Act \6\ in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which NASDAQ operates or
controls, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

Non-Penny Pilot Customer Rebate To Add Liquidity
    The Exchange's proposal to pay an additional $0.01 per contract
Non-Penny Pilot Options Customer Rebate to Add Liquidity to a
Participant that qualifies for a Tier 7 or 8 Customer or Professional
Penny Pilot Options Rebate to Add Liquidity in a given month is
reasonable because the rebate encourages Participants to qualify for
higher Customer or Professional Penny Pilot Options rebate tiers in
order to also qualify for an additional Non-Penny Pilot Options
Customer rebate. To qualify for a Tier 7 rebate, Participants require
Total Volume of 150,000 or more contracts per day in a month, of which
50,000 or more contracts per day in a month must be Customer and/or
Professional liquidity in Penny Pilot Options. Total Volume is defined
as Customer, Professional, Firm, Broker-Dealer, Non-NOM Market Maker
and NOM Market Maker volume in Penny Pilot Options and/or Non-Penny
Pilot Options which either adds or removes liquidity on NOM. To qualify
for a Tier 8 rebate, Participants must add Customer and/or Professional
liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of
0.75% or more of national customer volume in multiply-listed equity and
ETF options classes in a month. The Exchange believes that by
encouraging Participants to qualify for Tier 7 or 8 there will be an
incentive to add a certain amount of Penny and/or Non-Penny Pilot
Options volume and/or Customer and/or Professional liquidity, thereby
attracting additional order flow to the benefit of all market
participants. Today, the Exchange also incentivizes NOM Market Makers
to post liquidity, by offering NOM Market Makers rebates, which also
benefit market participants through increased order interaction. Firms,
Non-NOM Market Makers and Broker-Dealers are also offered rebates under
the current pricing structure.
    The Exchange's proposal to pay an additional $0.01 per contract
Non-Penny Pilot Options Customer Rebate to Add Liquidity to a
Participant that qualifies for a Tier 7 or 8 Customer or Professional
Penny Pilot Options Rebate to Add Liquidity in a given month is
equitable and not unfairly discriminatory because the Exchange will pay
the additional $0.01 per contract rebate in addition to the Non-Penny
Pilot Options Rebate to Add Liquidity to all Participants that qualify
for a Tier 7 or 8 Customer or Professional Penny Pilot Options Rebate
to Add Liquidity in a uniform manner. Today, no other market
participant is entitled to a Non-Penny Pilot Options Rebate to Add
Liquidity other than a Customer. The Exchange believes that it is
reasonable, equitable and not unfairly discriminatory to only pay
Customers a rebate in Non-Penny Pilot Options because Customer order
flow is unique and benefits all market participants through the
increased liquidity that such order flow brings to the market. The
opportunity to increase the Non-Penny Pilot Options rebate will further
encourage the addition of Penny Pilot and Non-Penny Pilot Options
liquidity as well as Customer and Professional liquidity.
Customer and Professional Penny Pilot Option Rebate To Add Liquidity
    The Exchange's proposal to lower the Tier 8 Professional Penny
Pilot Options Rebate to Add Liquidity from $0.48 to $0.47 per contract
is reasonable because the Exchange believes that the $0.47 per contract
rebate should continue to incentivize Participants to qualify for a
Tier 8 Penny Pilot Options Rebate to Add Liquidity to earn the rebate.
    The Exchange's proposal to lower the Tier 8 Professional Penny
Pilot Options

Rebate to Add Liquidity from $0.48 to $0.47 per contract is equitable
and not unfairly discriminatory for the reasons which follow. The
Exchange believes that Customers are entitled to higher rebates because
Customer order flow brings unique benefits to the market through
increased liquidity which benefits all market participants. The
Exchange believes that offering Professionals the opportunity to earn
the same rebates as Customers, as is the case today, or slightly lower
rebates, as proposed for Tier 8, and higher rebates as compared to
Firms, Broker-Dealers and Non-NOM Market Makers, and in some cases NOM
Market Makers, is equitable and not unfairly discriminatory because the
Exchange does not believe that the amount of the rebate offered by the
Exchange has a material impact on a Participant's ability to execute
orders in Penny Pilot Options. By offering Professionals, as well as
Customers, higher rebates as compared to other market participants, the
Exchange hopes to simply remain competitive with other venues so that
it remains a choice for market participants when posting orders and the
result may be additional Professional order flow for the Exchange, in
addition to increased Customer order flow. A Participant may not be
able to gauge the exact rebate tier it would qualify for until the end
of the month because Professional volume would be commingled with
Customer volume in calculating tier volume.\7\ A Professional could
only otherwise presume the Tier 1 rebate would be achieved in a month
when determining price.\8\ Further, the Exchange initially established
Professional pricing in order to ``. . . bring additional revenue to
the Exchange.'' \9\ The Exchange noted in the Professional Filing that
it believes ``. . . that the increased revenue from the proposal would
assist the Exchange to recoup fixed costs.'' \10\ The Exchange also
noted in that filing that it believes that establishing separate
pricing for a Professional, which ranges between that of a customer and
market maker, accomplishes this objective.\11\ The Exchange does not
believe that providing Professionals with the opportunity to obtain
higher rebates, which may be equivalent to that of a Customer, creates
a competitive environment where Professionals would be necessarily
advantaged on NOM as compared to NOM Market Makers, Firms, Broker-
Dealers or Non-NOM Market Makers. Also, a Professional is assessed the
same fees as other market participants, except Customers.\12\ For these
reasons, the Exchange believes that continuing to offer Professionals
the same rebates or slightly lower rebates as Customers is equitable
and not unfairly discriminatory. NOM Market Makers also receive higher
rebates as compared to Firms, Non-NOM Market Makers and Broker-Dealers
because NOM Market Makers are valuable market participants that provide
liquidity in the marketplace and incur costs unlike other market
participants. The Exchange believes that NOM Market Makers should be
offered the opportunity to earn higher rebates as compared to Non-NOM
Market Makers, Firms and Broker Dealers because NOM Market Makers add
value through continuous quoting \13\ and the commitment of capital.
The Exchange believes that encouraging NOM Market Makers to be more
aggressive when posting liquidity, by offering such higher rebates,
benefits all market participants through increased liquidity. NOM
Market Makers will continue to earn the same or lower rebates as
compared to Customers and Professionals.\14\
---------------------------------------------------------------------------

    \7\ Customer and Professional volume is aggregated for purposes
of determining which rebate tier a Participant qualifies for with
respect to the Professional Rebate to Add Liquidity in Penny Pilot
Options.
    \8\ A Professional would be unable to determine the exact rebate
that would be paid on a transaction by transaction basis with
certainty until the end of a given month when all Customer and
Professional volume is aggregated for purposes of determining which
tier the Participant qualified for in a given month.
    \9\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066)
(``Professional Filing''). In this filing, the Exchange addressed
the perceived favorable pricing of Professionals who were assessed
fees and paid rebates like a Customer prior to the filing. The
Exchange noted in that filing that a Professional, unlike a retail
Customer, has access to sophisticated trading systems that contain
functionality not available to retail Customers.
    \10\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066).
    \11\ See Securities Exchange Act Release No. 64494 (May 13,
2011), 76 FR 29014 (May 19, 2011) (SR-NASDAQ-2011-066). The Exchange
noted in this filing that it believes the role of the retail
customer in the marketplace is distinct from that of the
professional and the Exchange's fee proposal at that time accounted
for this distinction by pricing each market participant according to
their roles and obligations.
    \12\ The Fee for Removing Liquidity in Penny Pilot Options is
$0.49 per contract for all market participants, except Customers who
are assessed $0.45 per contract and NOM Market Makers who are
assessed $0.48 per contract.
    \13\ Pursuant to Chapter VII (Market Participants), Section 5
(Obligations of Market Makers), in registering as a market maker, an
Options Participant commits himself to various obligations.
Transactions of a Market Maker in its market making capacity must
constitute a course of dealings reasonably calculated to contribute
to the maintenance of a fair and orderly market, and Market Makers
should not make bids or offers or enter into transactions that are
inconsistent with such course of dealings. Further, all Market
Makers are designated as specialists on NOM for all purposes under
the Act or rules thereunder. See Chapter VII, Section 5.
    \14\ The Tier 1 NOM Market Maker Rebate to Add Liquidity in
Penny Pilot Options is the same rebate as the Tier 1 Customer and
Professional rebate in Penny Pilot Options. The Exchange pays the
highest Tier 1 Rebates to Add Liquidity in Penny Pilot Options of
$0.25 per contract to Customers, Professionals and NOM Market Makers
for transacting one qualifying contract as compared to other market
participants. Firms, Non-NOM Market Makers and Broker-Dealers
receive a $0.10 per contract Penny Pilot Option Rebate to Add
Liquidity. In addition, Participants that adds Firm, Non-NOM Market
Maker or Broker-Dealer liquidity in Penny Pilot Options and/or Non-
Penny Pilot Options of 15,000 contracts per day or more in a given
month will receive a Rebate to Add Liquidity in Penny Pilot Options
of $0.20 per contract.
---------------------------------------------------------------------------

Customer Penny Pilot Options Fee for Removing Liquidity
    The Exchange's proposal to increase the Penny Pilot Options
Customer Fee for Removing Liquidity from $0.45 per contract to $0.47
per contract is reasonable because the Exchange will continue to assess
Customers the lowest Fee for Removing Liquidity as compared to other
market participants. In addition, Participants may qualify for certain
rebates by transacting Customer orders. The rebates for Customers are
the highest rebates offered by the Exchange.
    The Exchange's proposal to increase the Penny Pilot Options
Customer Fee for Removing Liquidity from $0.45 per contract to $0.47
per contract is equitable and not unfairly discriminatory. The Exchange
will assess the lowest Penny Pilot Options Fee for Removing Liquidity
to Customers as is the case today. NOM Market Makers will also continue
to receive a lower fee as compared to a Professional, Firm, Non-NOM
Market Maker and Broker-Dealer because of the obligations borne by NOM
Market Makers.\15\
---------------------------------------------------------------------------

    \15\ See note 13.
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. The Exchange believes that offering to pay
an additional $0.01 per contract Customer Non-Penny Pilot Options
Rebate to Add Liquidity to Participants that qualify for a Tier 7 or 8
Customer or Professional Rebate to Add Liquidity does not impose an
undue burden on competition, rather it encourages Participants to add
liquidity to NOM to obtain the Customer rebate and in turn

promotes competition. The Exchange does not believe that offering
Participants that qualify for Tier 7 or 8 of the Customer and
Professional Penny Pilot Options Rebate to Add Liquidity an additional
Non-Penny Pilot Options Customer rebate would result in any burden on
competition as between market participants because the remaining market
participants, NOM Market Makers, Firms, Non-NOM Market Makers and
Broker-Dealers, would continue to have an opportunity to earn Penny
Pilot Options rebates. Today, the Exchange only pays Customers Non-
Penny Pilot Options Rebates to Add Liquidity.\16\ Customer order flow
brings unique benefits to the market through increased liquidity which
benefits all market participants.
---------------------------------------------------------------------------

    \16\ NASDAQ OMX BX, Inc. Options pays a Rebate to Remove
Liquidity in All Other Penny Pilot Options of $0.32 per contract to
Customers only.
---------------------------------------------------------------------------

    The Exchange's proposal to pay an additional Non-Penny Pilot
Options Customer Rebate to Add Liquidity, presuming the Participant
qualifies for Tier 7 or 8 of the Customer and Professional Penny Pilot
Options Rebate to Add Liquidity, will incentivize Participants to
direct Penny and Non-Penny Pilot Options order flow, as well as
Customer and Professional order flow, to NOM to the benefit of all
other market participants. The Exchange believes the proposed pricing
incentives contribute to the overall health of the market and benefit
all Participants willing to choose to transact options on NOM. For the
reasons specified herein, the Exchange does not believe this proposal
creates an undue burden on competition.
    The Exchange believes that lowering the Tier 8 Professional Penny
Pilot Options Rebate to Add Liquidity does not burden competition
because Professionals will continue to earn higher rebates as compared
to other non-Customer market participants, except NOM Market Makers, as
is the case today. The Tier 1 NOM Market Maker Rebate to Add Liquidity
in Penny Pilot Options is the same rebate as the Tier 1 Customer and
Professional rebate in Penny Pilot Options. The Exchange pays the
highest Tier 1 Rebates to Add Liquidity in Penny Pilot Options of $0.25
per contract to Customers, Professionals and NOM Market Makers for
transacting one qualifying contract as compared to other market
participants. This will also remain the same. The Customer will earn a
higher Tier 8 rebate as compared to a Professional. Customer liquidity
offers unique benefits to the market which benefits all market
participants. Customer liquidity benefits all market participants by
providing more trading opportunities, which attract Specialists and
Market Makers. An increase in the activity of these market participants
in turn facilitates tighter spreads, which may cause an additional
corresponding increase in order flow from other market participants.
The Exchange believes that continuing to encourage Participants to add
Professional liquidity, by offering rebates, creates competition among
options exchanges because the Exchange believes that the rebates may
cause market participants to select NOM as a venue to send Professional
order flow. For these reasons, the Exchange does not believe this
proposal creates an undue burden on competition.
    The Exchange does not believe that increasing the Customer Penny
Pilot Options Fee for Removing Liquidity will create an undue burden on
competition because the Exchange continues to assess the lowest fee to
Customers. As noted above, Customer liquidity offers unique benefits to
the market which benefits all market participants.
    The Exchange operates in a highly competitive market comprised of
twelve U.S. options exchanges in which many sophisticated and
knowledgeable market participants can readily and do send order flow to
competing exchanges if they deem fee levels or rebate incentives at a
particular exchange to be excessive or inadequate. These market forces
support the Exchange's belief that the proposed rebate structure and
tiers proposed herein are competitive with rebates and tiers in place
on other exchanges. The Exchange believes that this competitive
marketplace continues to impact the rebates present on the Exchange
today and substantially influences the proposals set forth above.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\17\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-013. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-

NASDAQ-2014-013, and should be submitted on or before March 7, 2014.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-03250 Filed 2-13-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Proposed Rules]
[Pages 42676-42677]
[FR Doc No: 2010-17966]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0058; EPA-HQ-OAR-2006-0790; EPA-HQ-OAR-2003-0119; FRL-
9178-2]
RIN 2060-AG69, RIN 2060-AM44, RIN 2060-AO12

National Emission Standards for Hazardous Air Pollutants for
Major Sources: Industrial, Commercial, and Institutional Boilers and
Process Heaters; National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and Institutional
Boilers; Standards of Performance for New Stationary Sources and
Emission Guidelines for Existing Sources: Commercial and Industrial
Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of public comment period.

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

SUMMARY: On April 29, 2010, the EPA Administrator signed proposed
emission standards for the following source categories: Industrial,
Commercial, and Institutional Boilers and Process Heaters located at
major sources; Industrial, Commercial, and Institutional Boilers
located at area sources; and Commercial and Industrial Solid Waste
Incineration Units. These proposed rule documents were published on
June 4, 2010. In this action, EPA is extending the comment period for
these three related proposed rules until August 23, 2010. This
extension will provide additional time for public participation.

DATES: Comments. This document extends the comment periods for 3
proposed rule documents published on June 4, 2010. Comments on FR Doc
2010-10827 (75 FR 32006); FR Doc 2010-10832 (75 FR 31896); and FR Doc
2010-10821 (75 FR 31938) must be received on or before August 23, 2010.

ADDRESSES: Submit your comments, identified by one of the following
Docket ID Nos., EPA-HQ-OAR-2002-0058 (Industrial, Commercial, and
Institutional Boilers and Process Heaters located at major sources),
EPA-HQ-OAR-2006-0790 (Industrial, Commercial, and Institutional Boilers
located at area sources), or EPA-HQ-OAR-2003-0119 (Commercial and
Industrial Solid Waste Incineration Units), by one of the following
methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include as the second line of the address the name of the
proposal that you are commenting on and the Docket ID No. Please
include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), EPA West, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20004. Please include as the second line of
the address the name of the proposal that you are commenting on and the
Docket ID No. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information. Please include a total of two copies.
    Instructions: Direct your comments to one of the following Docket
ID Nos.: EPA-HQ-OAR-2002-0058, EPA-HQ-OAR-2006-0790, or EPA-HQ-OAR-
2003-0119. EPA's policy is that all comments received will be included
in the public docket without change and may be made available Online at
http://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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://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 docket are listed in the http://

www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Docket
Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed
rules should be addressed to one of the following contacts:
    For major source boilers and process heaters: Mr. Brian Shrager,
Office of Air Quality Planning and Standards, Sector Policies and
Programs Division, Energy Strategies Group (D243-01), Environmental
Protection Agency, Research Triangle Park, NC 27711, telephone number:
(919) 541-7689; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For area source boilers: Ms. Mary Johnson, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division, Energy
Strategies Group (D243-01), Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number:<PHONE_NUMBER>; fax number:
(919) 541-5450; e-mail address<EMAIL_ADDRESS>    For commercial and industrial solid waste incineration units: Ms.
Charlene Spells, Natural Resources and Commerce Group, Sector Policies
and Programs Division (E143-03), Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5255; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>or Ms. Toni Jones, Natural Resources and
Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In today's action, EPA is providing
additional time to submit public comment on the following proposed
rules: Emissions standards for industrial, commercial, and
institutional boilers and process heaters located at major sources (the
major source boilers rule); emissions standards for industrial,
commercial, and institutional boilers located at area sources (the area
source boilers rule); and emissions standards for commercial and
industrial solid waste incineration units (the CISWI rule). In the
notices of proposed rulemaking for these rules, EPA established a
deadline of July 19, 2010, for submission of public comments. On June
9, 2010, EPA extended the public comment period to August 3, 2010. 75
FR 32682. Today, EPA is further extending the deadline for providing
comments on these proposed rules to August 23, 2010.
    EPA also notes that certain additional materials relating to the
maximum achievable control technology (MACT) floors have been added to
the dockets for the major and area source boilers proposed rules and
the CISWI proposed rule since the date of publication of the proposed
rules. At the time of publication of the proposed rules, the docket
contained Adobe Acrobat(copyright) versions of the spreadsheets used in
the MACT floor calculations, as well as associated memoranda describing
in detail EPA's calculation of the MACT floor for each proposed set of
emissions standards. Since the publication date, EPA has added to the
docket the same spreadsheets in Excel format.

How can I get copies of the proposed rules and other related
information?

    The proposed rules were published on June 4, 2010, and can be
accessed at the following Web site: http://www.epa.gov/airquality/combustion. EPA has established the public dockets for the proposed
rulemakings under docket ID Nos. EPA-HQ-OAR-2002-0058, EPA-HQ-OAR-2006-
0790, and EPA-HQ-OAR-2003-0119, and a copy of the proposed rules is
available in the dockets. Information on how to access the docket is
presented above in the ADDRESSES section.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: July 16, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2010-17966 Filed 7-21-10; 8:45 am]
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[Federal Register: December 18, 2007 (Volume 72, Number 242)]
[Notices]
[Page 71683-71685]
[DOCID:fr18de07-52]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0298; FRL-8507-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Certification of Pesticide
Applicators; EPA ICR No. 0155.09, OMB Control No. 2070-0029

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR, which is abstracted below, describes the
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 17,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2007-0298, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: OPP Regulatory

Public Docket (7502P), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, and (2) OMB by mail to: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Joseph Hogue, Field and External
Affairs Division, Office of Pesticide Programs, (7506P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12.

On June 13, 2007 (72 FR 32640), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2007-0298, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the OPP Regulatory Public

Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to http://www.regulations.gov.

    Title: Certification of Pesticide Applicators.
    ICR numbers: EPA ICR No. 0155.09, OMB Control No. 2070-0029.
    ICR Status: This ICR is scheduled to expire on December 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This ICR is designed to provide EPA with the information
necessary to oversee training and certification programs for
applicators of restricted use pesticides. In addition, it will provide
EPA with information on training activities imposed on registrants of
pesticide products which assert claims to inactivate bacillus anthracis
(anthrax) spores, (referred to as ``anthrax-related products''). FIFRA
allows the EPA to classify a pesticide as ``restricted use'' if the
pesticide meets certain toxicity or risk criteria. Restricted use
pesticides, because of their potential to harm human health or the
environment, may be applied only by a certified applicator or by a
person under the direct supervision of a certified applicator. A person
must meet certain standards of competency to become a certified
applicator. States can be delegated the certified applicator program,
but it must be approved by the Agency before it can be implemented. In
non-participating entities, EPA administers the certification program.
    Annual reports from the states are used as a monitoring tool to
develop overall data on pesticide activities for OMB, Congress, and
others; to distribute EPA grant funds to participating states, to
target enforcement activities, and to revise certification and training
program emphasis and requirements. An application form is used to
obtain vital information from persons applying for Federal
certification, such as name and address, and to schedule applicators
for Federal certification or re-certification in Navajo Indian Country.
Dealer records are necessary to ensure that access to restricted use
pesticides is limited to certified applicators. A detailed record of
each application of a restricted use pesticide is required for
certified commercial applicators. Without these records it would often
be difficult to successfully enforce against misuse. The information on
registrant training for anthrax-related products will help assure that
applications of those products are performed safely, effectively and in
accordance with the requirements of federal, state and local
authorities. Responses to this ICR are mandatory. The authority for
this information collection activity is provided under sections 3(d)
and 11 of FIFRA and 40 CFR part 171.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 77.4
hours for annual reports by states on their certification and training
programs, 0.17 hours for completion of the EPA application form for
certified applicators in federal programs, 3.1 hours for record-keeping
of restricted use pesticide applications by commercial applicators, 25
hours for training and examination materials by registrants of anthrax-
related products, and 18.5 hours for record-keeping of sale, use, and
training of applicators of anthrax-related products, per response.
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel to be able to respond
to a collection of information; search data sources; complete and
review the collection of information; and transmit or otherwise
disclose the information.
    Respondents/Affected Entities: Pesticide applicators on farms,
commercial services applicators, State/Tribal pesticide lead agencies,
pesticide dealers, pesticide and other agricultural chemical
manufacturers.
    Estimated Number of Respondents: 421,095.
    Frequency of Response: Annually for State reports; once every 3
years for application for certification/re-certification; on occasion
for commercial applicator recordkeeping, and for anthrax-related
training materials and recordkeeping.
    Estimated Total Annual Hour Burden: 1,309,751.
    Estimated Total Annual Labor Cost: $39,703,211.
    Changes in the Estimates: The total estimated respondent burden for
this renewal ICR reflects a net decrease of 1,617 hours related to 2
small program changes and adjustments to the previous estimate. The
significant adjustment increase in the number of responses is primarily
due to a change in counting the number of responses verses respondents.
The first program change is adoption of the private applicator and
dealer recordkeeping programs by the State of Colorado. Colorado
already administered the commercial applicator program. The second
program change pertains to the new training and recordkeeping burdens
that are expected to be imposed on registrants of anthrax-related
products via registration terms and conditions.

    Dated: December 12, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E7-24512 Filed 12-17-07; 8:45 am]

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[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 26005-26007]
[DOCID:fr08my08-16]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0277]
RIN 1625-AA08

Special Local Regulations; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations
during the ``First Annual Safe Boating Day'', a water safety
demonstration to be held on the waters of the Delaware River adjacent
to Penn's Landing, Philadelphia, PA. These special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to restrict vessel traffic
between the Walt Whitman and Benjamin Franklin bridges in the Delaware
River during the event.

DATES: This rule is effective from 11 a.m. to 7 p.m. on June 1, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0277 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division,<PHONE_NUMBER>. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the event. The
necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided with sufficient time to
publish an NPRM. The danger posed by on the water fire and rescue
demonstrations makes special local regulations necessary to provide for
the safety of spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. The Coast Guard will
issue broadcast notice to mariners to advise vessel operators of
navigational restrictions. On scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.

Background and Purpose

    On June 1, 2008, the Penn's Landing Corporation will sponsor the
``First Annual Safe Boating Day''. Various on the water fire-rescue and
tug boat demonstrations will be staged in close proximity to Penn's
Landing on the Delaware River. The demonstrations will generally take
place in the vicinity between the shoreline and the navigational
channel. A fleet of spectator vessels is expected to gather near the
event site to view the on water activity. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.

Discussion of Rule

    The Coast Guard will establish temporary special local regulations
on specified waters of the Delaware River. The temporary special local
regulations will be in effect from 11 a.m. to 7 p.m. on June 1, 2008.
The effect will be to restrict general navigation in the regulated area
during the marine event. Except for persons or vessels authorized by
the Coast Guard Patrol Commander, no person or vessel may enter or
remain in the regulated area during the enforcement period. Notice will
be provided to the public through a Local Notice to Mariners published
before the event, as well as through Broadcast Notice to Mariners. The
Patrol Commander will notify the public of specific enforcement times
by marine radio safety broadcast VHF-FM marine band radio. These
regulations are needed to control vessel traffic during the event to
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this regulation restricts vessel traffic from transiting a
portion of the Delaware River during the event, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts and local area newspapers, radio and TV stations
so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Delaware River during the event.
    This temporary rule will not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule will be in effect for only a short period, from 11 a.m. to 7 p.m.
on June 1, 2008. Although this regulation prevents traffic from
transiting a small segment of the Delaware River during the event, this
temporary rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. Vessel traffic may
be able to transit around the regulated area or when event activity is
halted, when the Coast Guard Patrol Commander deems it is safe to do
so. Before the enforcement period, we will issue maritime advisories so
mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

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

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation.
    A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35-T05-0277 to read as follows:

Sec.  100.35-T05-0277  Delaware River, Philadelphia, PA.

    (a) Regulated area includes all waters of the Delaware River
bounded from shore to shore, bounded to the south by the Walt Whitman
Bridge and bounded to the north by the Benjamin Franklin Bridge.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the Commander, Coast Guard Sector Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Delaware Bay with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the First
Annual Safe Boating Day under the auspices of the Marine Event Permit
issued to the event

sponsor and approved by Commander, Coast Guard Sector Delaware Bay.
    (c) Special local regulations: (1) Except for event participants
and persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop
the vessel immediately when directed to do so by any Official Patrol.
    (ii) Proceed as directed by any Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the event area.
    (d) Enforcement period. This section will be enforced from 11 a.m.
to 7 p.m. on June 1, 2008. A notice of enforcement of this section will
be disseminated through the Fifth Coast Guard District Local Notice to
Mariners announcing the specific event date and times. Notice will also
be made via broadcast notice to mariners on VHF-FM marine band radio.

    Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E8-10228 Filed 5-7-08; 8:45 am]

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