[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Rules and Regulations]
[Pages 44216-44219]
[FR Doc No: 2023-14681]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0461]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters, located in
Baltimore County, MD, during activities associated with an air show
event which will be held on three separate occasions between July 14,
2023 and July 16, 2023. This rule prohibits persons and vessels from
being in the regulated area unless authorized by the Captain of the
Port, Maryland-National Capital Region or the Coast Guard Event Patrol
Commander.

DATES: This rule is effective from 6 p.m. on July 14, 2023 through 4
p.m. on July 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0461 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Hollie Givens, U.S. Coast Guard Sector Maryland-
National Capital Region; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will
be conducting the 2023 Tiki Lee's Shootout on the River Airshow from 7
p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15,
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. High speed, low-
flying civilian and military aircraft air show performers will operate
within a designated, marked aerobatics box located on Back River,
between Lynch Point to the south and Walnut Point to the north. The
event is being held adjacent to Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD. Hazards from the air show
include risks of injury or death resulting from aircraft accidents,
dangerous projectiles, hazardous materials spills, falling debris, and
from near or actual collisions between waterway users and participants
or spectator vessels if normal vessel traffic were allowed to interfere
with the event. Additionally, these hazards could affect vessels in a
designated navigation channel and adjacent to waterside residential
communities if the locations of these activities were not restricted.
In response to these potential hazards, on June 1, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Special
Local Regulation; Back River, Baltimore County, MD (88 FR 35802).
There, we stated why we issued the NPRM to promulgate the special local
regulation, which will be subject to enforcement beginning an hour
before each show begins and ending an hour after it ends, and we
invited comments on our proposed regulatory action related to this air
show. During the comment period,

which ended July 3, 2023, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Because there are less than 30
days between now and the date of the event, it would be impracticable
and contrary to the public interest to make the regulation effective 30
days after publication in the Federal Register. Doing so would delay
safety measures necessary to respond to potential safety hazards
associated with this marine event. Immediate action is needed to
protect participants, spectators, and other persons and vessels during
the air show event on these navigable waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with the air
show being held on three occasions, occurring between July 14, 2023 and
July 16, 2023, will be a safety concern for anyone operating within
certain waters of Back River in Baltimore County, MD near the event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June
1, 2023. Except for the addition of language stating the rule's
effective period, there are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes special local regulations from 7 p.m. on July
14, 2023 through 4 p.m. on July 16, 2023. The regulated area will cover
all navigable waters of Back River within an area bounded by a line
connecting the following point: from the shoreline at Lynch Point at
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
    This rule provides additional information about areas within the
regulated area and their definitions. These areas include ``Aerobatics
Box'' and ``Spectator Areas.''
    The duration of the periods the special local regulations will be
subject to enforcement, and size of the regulated area are intended to
ensure the safety of life on these navigable waters before, during, and
after activities associated with the air show, which is scheduled from
7 p.m. to 8 p.m. on July 14, 2023, from 2 p.m. to 3 p.m. on July 15,
2023, and from 2 p.m. to 3 p.m. on July 16, 2023. The COTP and the
Coast Guard Event PATCOM have authority to forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area is required to immediately
comply with the directions given by the COTP or Event PATCOM. If a
person or vessel fails to follow such directions, the Coast Guard may
expel them from the area, issue them a citation for failure to comply,
or both.
    Except for 2023 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person will be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators will be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement are required to obtain permission before doing
so. Vessel traffic will be able to safely transit the regulated area
once the Event PATCOM deems it safe to do so. A person or vessel not
registered with the event sponsor as a participant or assigned as
official patrols is considered a spectator. Official Patrols are any
vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer onboard and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels are required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels will
direct spectators to the designated spectator area. Only participant
vessels will be allowed to enter the aerobatics box. The Coast Guard
will publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue a marine information broadcast on VHF-FM marine band
radio announcing specific event dates and times.
    The regulatory text appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which will impact a small, designated
area of Back River for the 9 total hours during which the rule will be
subject to enforcement. This waterway supports mainly recreational
vessel traffic, which at its peak, occurs during the summer season.
Although this regulated area extends across the entire width of the
waterway, the rule allows vessels and persons to seek permission to
enter the regulated area, and vessel traffic will be able to transit
the regulated area as instructed by Event PATCOM. Such vessels must
operate at safe speed that minimizes wake and not loiter within the
navigable channel while within the regulated area. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the status of the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no
comments from the Small Business Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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 (adjusted for
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. It is categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. For instructions on locating the docket, see the ADDRESSES
section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0461 to read as follows:

Sec. 100.501T05-0461  2023 Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
    (3) Spectator Areas.--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence

south to and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
    (b) Definitions. As used in this section:
    Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
    Captain of the Port (COTP), Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's Shootout on the River
Airshow'' event, or otherwise designated by the event sponsor as having
a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (c) Special local regulations.
    (1) The COTP Maryland-National Capital Region or Event PATCOM may
forbid and control the movement of all vessels and persons, including
event participants, in the regulated area described in paragraph (a)(1)
of this section. When hailed or signaled by an official patrol, a
vessel or person in the regulated area shall immediately comply with
the directions given by the patrol. Failure to do so may result in the
Coast Guard expelling the person or vessel from the area, issuing a
citation for failure to comply, or both. The COTP Maryland-National
Capital Region or Event PATCOM may terminate the event, or a
participant's operations at any time the COTP Maryland-National Capital
Region or Event PATCOM believes it necessary to do so for the
protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Effective period. This section will be in effect from 6 p.m. on
July 14, 2023 to 4 p.m. on July 16, 2023.
    (f) Enforcement periods. This section will be subject to
enforcement from 6 p.m. to 9 p.m. on July 14, 2023, from 1 to 4 p.m. on
July 15, 2023, and from 1 to 4 p.m. on July 16, 2023.

    Dated: July 6, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-14681 Filed 7-11-23; 8:45 am]
BILLING CODE 9110-04-P


Total Nitrogen as N....................................                 NA               4900  .................
Total Halogens as Cl...................................                 NA                540  .................
Total Organic Halogens as Cl...........................                 NA              (\1\)
Polychlorinated biphenyls, total [Aroclors, total].....          1336-36-3                 ND                1.4
Cyanide, total.........................................            57-12-5                 ND                  1
Metals:
    Antimony, total....................................          7440-36-0                 12  .................
    Arsenic, total.....................................          7440-38-2               0.23  .................
    Barium, total......................................          7440-39-3                 23  .................
    Beryllium, total...................................          7440-41-7                1.2  .................
    Cadmium, total.....................................          7440-43-9                 ND                1.2

    Chromium, total....................................          7440-47-3                2.3  .................
    Cobalt.............................................          7440-48-4                4.6  .................
    Lead, total........................................          7439-92-1                 31  .................
    Manganese..........................................          7439-96-5                1.2  .................
    Mercury, total.....................................          7439-97-6               0.25  .................
    Nickel, total......................................          7440-02-0                 58  .................
    Selenium, total....................................          7782-49-2               0.23  .................
    Silver, total......................................          7440-22-4                2.3  .................
    Thallium, total....................................          7440-28-0                 23  .................
Hydrocarbons:
    Benzo[a]anthracene.................................            56-55-3               2400  .................
    Benzene............................................            71-43-2               4100  .................
    Benzo[b]fluoranthene...............................           205-99-2               2400  .................
    Benzo[k]fluoranthene...............................           207-08-9               2400  .................
    Benzo[a]pyrene.....................................            50-32-8               2400  .................
    Chrysene...........................................           218-01-9               2400  .................
    Dibenzo[a,h]anthracene.............................            52-70-3               2400  .................
    7,12-Dimethylbenz[a]anthracene.....................            57-97-6               2400  .................
    Fluoranthene.......................................           206-44-0               2400  .................
    Indeno(1,2,3-cd)pyrene.............................           193-39-5               2400  .................
    3-Methylcholanthrene...............................            56-49-5               2400  .................
    Naphthalene........................................            91-20-3               2400  .................
    Toluene............................................           108-88-3              36000  .................
Oxygenates:
    Acetophenone.......................................            98-86-1               2400  .................
    Acrolein...........................................           107-02-8                 39  .................
    Allyl alcohol......................................           107-18-6                 30  .................
    Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl                   117-81-7               2400  .................
     phthalate]........................................
    Butyl benzyl phthalate.............................            85-68-7               2400  .................
    o-Cresol [2-Methyl phenol].........................            95-48-7               2400  .................
    m-Cresol [3-Methyl phenol].........................           108-39-4               2400  .................
    p-Cresol [4-Methyl phenol].........................           106-44-5               2400  .................
    Di-n-butyl phthalate...............................            84-74-2               2400  .................
    Diethyl phthalate..................................            84-66-2               2400  .................
    2,4-Dimethylphenol.................................           105-67-9               2400  .................
    Dimethyl phthalate.................................           131-11-3               2400  .................
    Di-n-octyl phthalate...............................           117-84-0               2400  .................
    Endothall..........................................           145-73-3                100  .................
    Ethyl methacrylate.................................            97-63-2                 39  .................
    2-Ethoxyethanol [Ethylene glycol monoethyl ether]..           110-80-5                100  .................
    Isobutyl alcohol...................................            78-83-1                 39  .................
    Isosafrole.........................................           120-58-1               2400  .................
    Methyl ethyl ketone [2-Butanone]...................            78-93-3                 39  .................
    Methyl methacrylate................................            80-62-6                 39  .................
    1,4-Naphthoquinone.................................           130-15-4               2400  .................
    Phenol.............................................           108-95-2               2400  .................
    Propargyl alcohol [2-Propyn-1-ol]..................           107-19-7                 30  .................
    Safrole............................................            94-59-7               2400  .................
Sulfonated Organics:
    Carbon disulfide...................................            75-15-0                 ND                 39
    Disulfoton.........................................           298-04-4                 ND               2400
    Ethyl methanesulfonate.............................            62-50-0                 ND               2400
    Methyl methanesulfonate............................            66-27-3                 ND               2400
    Phorate............................................           298-02-2                 ND               2400
    1,3-Propane sultone................................          1120-71-4                 ND                100
    Tetraethyldithiopyrophosphate [Sulfotepp]..........          3689-24-5                 ND               2400
    Thiophenol [Benzenethiol]..........................           108-98-5                 ND                 30
    O,O,O-Triethyl phosphorothioate....................           126-68-1                 ND               2400
Nitrogenated Organics:
    Acetonitrile [Methyl cyanide]......................            75-05-8                 ND                 39
    2-Acetylaminofluorene [2-AAF]......................            53-96-3                 ND               2400
    Acrylonitrile......................................           107-13-1                 ND                 39
    4-Aminobiphenyl....................................            92-67-1                 ND               2400
    4-Aminopyridine....................................           504-24-5                 ND                100
    Aniline............................................            62-53-3                 ND               2400
    Benzidine..........................................            92-87-5                 ND               2400
    Dibenz[a,j]acridine................................           224-42-0                 ND               2400
    O,O-Diethyl O-pyrazinyl phosphorothioate                      297-97-2                 ND               2400
     [Thionazin].......................................
    Dimethoate.........................................            60-51-5                 ND               2400
    p-(Dimethylamino) azobenzene [4-Dime                           60-11-7                 ND               2400
     thylaminoazobenzene]..............................

    3,3[prime]-Dimethylbenzidine.......................           119-93-7                 ND               2400
    [alpha],[alpha]-Dimethylphenethylamine.............           122-09-8                 ND               2400
    3,3[prime]-Dimethoxybenzidine......................           119-90-4                 ND                100
    1,3-Dinitrobenzene [m-Dinitrobenzene]..............            99-65-0                 ND               2400
    4,6-Dinitro-o-cresol...............................           534-52-1                 ND               2400
    2,4-Dinitrophenol..................................            51-28-5                 ND               2400
    2,4-Dinitrotoluene.................................           121-14-2                 ND               2400
    2,6-Dinitrotoluene.................................           606-20-2                 ND               2400
    Dinoseb [2-sec-Butyl-4,6-dinitrophenol]............            88-85-7                 ND               2400
    Diphenylamine......................................           122-39-4                 ND               2400
    Ethyl carbamate [Urethane].........................            51-79-6                 ND                100
    Ethylenethiourea (2-Imidazolidinethione)...........            96-45-7                 ND                110
    Famphur............................................            52-85-7                 ND               2400
    Methacrylonitrile..................................           126-98-7                 ND                 39
    Methapyrilene......................................            91-80-5                 ND               2400
    Methomyl...........................................         16752-77-5                 ND                 57
    2-Methyllactonitrile [Acetone cyanohydrin].........            75-86-5                 ND                100
    Methyl parathion...................................           298-00-0                 ND               2400
    MNNG (N-Metyl-N-nitroso-N[prime]-nitroguanidine)...           707-25-7                 ND                110
    1-Naphthylamine [[alpha]-Naphthylamine]............           134-32-7                 ND               2400
    2-Naphthylamine [([beta]-Naphthylamine]............            91-59-8                 ND               2400
    Nicotine...........................................            54-11-5                 ND                100
    4-Nitroaniline, [p-Nitroaniline]...................           100-01-6                 ND               2400
    Nitrobenzene.......................................            98-96-3                 ND               2400
    p-Nitrophenol, [p-Nitrophenol].....................           100-02-7                 ND               2400
    5-Nitro-o-toluidine................................            99-55-8                 ND               2400
    N-Nitrosodi-n-butylamine...........................           924-16-3                 ND               2400
    N-Nitrosodiethylamine..............................            55-18-5                 ND               2400
    N-Nitrosodiphenylamine [Diphenylnitrosamine].......            86-30-6                 ND               2400
    N-Nitroso-N-methylethylamine.......................         10595-95-6                 ND               2400
    N-Nitrosomorpholine................................            59-89-2                 ND               2400
    N-Nitrosopiperidine................................           100-75-4                 ND               2400
    N-Nitrosopyrrolidine...............................           930-55-2                 ND               2400
    2-Nitropropane.....................................            79-46-9                 ND               2400
    Parathion..........................................            56-38-2                 ND               2400
    Phenacetin.........................................            62-44-2                 ND               2400
    1,4-Phenylene diamine [p-Phenylenediamine].........           106-50-3                 ND               2400
    N-Phenylthiourea...................................           103-85-5                 ND                 57
    2-Picoline [alpha-Picoline]........................           109-06-8                 ND               2400
    Propylthioracil [6-Propyl-2-thiouracil]............            51-52-5                 ND                100
    Pyridine...........................................           110-86-1                 ND               2400
    Strychnine.........................................            57-24-9                 ND                100
    Thioacetamide......................................            62-55-5                 ND                 57
    Thiofanox..........................................         39196-18-4                 ND                100
    Thiourea...........................................            62-56-6                 ND                 57
    Toluene-2,4-diamine [2,4-Diaminotoluene]...........            95-80-7                 ND                 57
    Toluene-2,6-diamine [2,6-Diaminotoluene]...........           823-40-5                 ND                 57
    o-Toluidine........................................            95-53-4                 ND               2400
    p-Toluidine........................................           106-49-0                 ND                100
    1,3,5-Trinitrobenzene [sym-Trinitobenzene].........            99-35-4                 ND               2400
Halogenated Organics:
    Allyl chloride.....................................           107-05-1                 ND                 39
    Aramite............................................           140-57-8                 ND               2400
    Benzal chloride [Dichloromethyl benzene]...........            98-87-3                 ND                100
    Benzyl chloride....................................          100-44-77                 ND                100
    bis(2-Chloroethyl)ether [Dichoroethyl ether].......           111-44-4                 ND               2400
    Bromoform [Tribromomethane]........................            75-25-2                 ND                 39
    Bromomethane [Methyl bromide]......................            74-83-9                 ND                 39
    4-Bromophenyl phenyl ether [p-Bromo diphenyl ether]           101-55-3                 ND               2400
    Carbon tetrachloride...............................            56-23-5                 ND                 39
    Chlordane..........................................            57-74-9                 ND                 14
    p-Chloroaniline....................................           106-47-8                 ND               2400
    Chlorobenzene......................................           108-90-7                 ND                 39
    Chlorobenzilate....................................           510-15-6                 ND               2400
    p-Chloro-m-cresol..................................            59-50-7                 ND               2400
    2-Chloroethyl vinyl ether..........................           110-75-8                 ND                 39
    Chloroform.........................................            67-66-3                 ND                 39
    Chloromethane [Methyl chloride]....................            74-87-3                 ND                 39
    2-Chloronaphthalene [beta-Chloronaphthalene].......            91-58-7                 ND               2400
    2-Chlorophenol [o-Chlorophenol]....................            95-57-8                 ND               2400

    Chloroprene [2-Chloro-1,3-butadiene]...............          1126-99-8                 ND                 39
    2,4-D [2,4-Dichlorophenoxyacetic acid].............            94-75-7                 ND                  7
    Diallate...........................................          2303-16-4                 ND               3400
    1,2-Dibromo-3-chloropropane........................            96-12-8                 ND                 39
    1,2-Dichlorobenzene [o-Dichlorobenzene]............            95-50-1                 ND               2400
    1,3-Dichlorobenzene [m-Dichlorobenzene]............           541-73-1                 ND               2400
    1,4-Dichlorobenzene [p-Dichlorobenzene]............           106-46-7                 ND               2400
    3,3[prime]-Dichlorobenzidine.......................            91-94-1                 ND               2400
    Dichlorodifluoromethane [CFC-12]...................            75-71-8                 ND                 39
    1,2-Dichloroethane [Ethylene dichloride]...........           107-06-2                 ND                 39
    1,1-Dichloroethylene [Vinylidene chloride].........            75-35-4                 ND                 39
    Dichloromethoxy ethane [Bis(2-chloroethoxy)methane]           111-91-1                 ND               2400
    2,4-Dichlorophenol.................................           120-83-2                 ND               2400
    2,6-Dichlorophenol.................................            87-65-0                 ND               2400
    1,2-Dichloropropane [Propylene dichloride].........            78-87-5                 ND                 39
    cis-1,3-Dichloropropylene..........................         10061-01-5                 ND                 39
    trans-1,3-Dichloropropylene........................         10061-02-6                 ND                 39
    1,3-Dichloro-2-propanol............................            96-23-1                 ND                 30
    Endosulfan I.......................................           959-98-8                 ND                1.4
    Endosulfan II......................................         33213-65-9                 ND                1.4
    Endrin.............................................            72-20-8                 ND                1.4
    Endrin aldehyde....................................          7421-93-4                 ND                1.4
    Endrin Ketone......................................         53494-70-5                 ND                1.4
    Epichlorohydrin [1-Chloro-2,3-epoxy propane].......           106-89-8                 ND                 30
    Ethylidene dichloride [1,1-Dichloroethane].........            75-34-3                 ND                 39
    2-Fluoroacetamide..................................           640-19-7                 ND                100
    Heptachlor.........................................            76-44-8                 ND                1.4
    Heptachlor epoxide.................................          1024-57-3                 ND                2.8
    Hexachlorobenzene..................................           118-74-1                 ND               2400
    Hexachloro-1,3-butadiene [Hexachlorobutadiene].....            87-68-3                 ND               2400
    Hexachlorocyclopentadiene..........................            77-47-4                 ND               2400
    Hexachloroethane...................................            67-72-1                 ND               2400
    Hexachlorophene....................................            70-30-4                 ND              59000
    Hexachloropropene [Hexachloropropylene]............          1888-71-7                 ND               2400
    Isodrin............................................           465-73-6                 ND               2400
    Kepone [Chlordecone]...............................           143-50-0                 ND               4700
    Lindane [gamma-BHC] [gamma-Hexachlorocyclohexane]..            58-89-9                 ND                1.4
    Methylene chloride [Dichloromethane]...............            75-09-2                 ND                 39
    4,4[prime]-Methylene-bis(2-chloroaniline)..........           101-14-4                 ND                100
    Methyl iodide [Iodomethane]........................            74-88-4                 ND                 39
    Pentachlorobenzene.................................           608-93-5                 ND               2400
    Pentachloroethane..................................            76-01-7                 ND                 39
    Pentachloronitrobenzene [PCNB] [Quintobenzene]                 82-68-8                 ND               2400
     [Quintozene]......................................
    Pentachlorophenol..................................            87-88-5                 ND               2400
    Pronamide..........................................         23950-58-5                 ND               2400
    Silvex [2,4,5-Trichlorophenoxypropionic acid]......            93-72-1                 ND                  7
    2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-TCDD].          1746-01-6                 ND                 30
    1,2,4,5-Tetrachlorobenzene.........................            95-94-3                 ND               2400
    1,1,2,2-Tetrachloroethane..........................            79-35-4                 ND                 39
    Tetrachloroethylene [Perchloroethylene]............           127-18-4                 ND                 39
    2,3,4,6-Tetrachlorophenol..........................            58-90-2                 ND               2400
    1,2,4-Trichlorobenzene.............................           120-82-1                 ND               2400
    1,1,1-Trichloroethane [Methyl chloroform]..........            71-56-6                 ND                 39
    1,1,2-Trichloroethane [Vinyl trichloride]..........            79-00-5                 ND                 39
    Trichloroethylene..................................            79-01-6                 ND                 39
    Trichlorofluoromethane [Trichlormonofluoromethane].            75-69-4                 ND                 39
    2,4,5-Trichlorophenol..............................            95-95-4                 ND               2400
    2,4,6-Trichlorophenol..............................            88-06-2                 ND               2400
    1,2,3-Trichloropropane.............................            96-18-4                 ND                 39
    Vinyl Chloride.....................................            75-01-4                 ND                 39
----------------------------------------------------------------------------------------------------------------
 Notes: NA--Not Applicable. ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.

[FR Doc. E7-11130 Filed 6-14-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14068-14070]
[FR Doc No: 2017-05226]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80203; File No. 4-631]

Joint Industry Plan; Notice of Filing of the Thirteenth Amendment
to the National Market System Plan To Address Extraordinary Market
Volatility by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats
EDGA Exchange, Inc., Bats EDGX Exchange, Inc., Chicago Stock Exchange,
Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange
LLC, NASDAQ BX, Inc., NASDAQ PHLX LLC, The Nasdaq Stock Market LLC,
NYSE National, Inc., New York Stock Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc.

March 10, 2017.

I. Introduction

    On February 13, 2017, NYSE Group, Inc., on behalf of the following
parties to the National Market System Plan to Address Extraordinary
Market Volatility (``the Plan''): \1\ Bats BZX Exchange, Inc., Bats BYX
Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc.,
Chicago Stock Exchange, Inc., the Financial Industry Regulatory
Authority, Inc. (``FINRA''), Investors Exchange LLC, NASDAQ BX,
Inc.,\2\ NASDAQ PHLX LLC,\3\ The NASDAQ Stock Market LLC (``Nasdaq''),
New York Stock Exchange LLC (``NYSE''), NYSE Arca, Inc., NYSE MKT LLC,
and NYSE National Inc.\4\ (collectively, the ``Participants'') filed
with the Securities and Exchange Commission (``Commission'') pursuant
to Section 11A(a)(3) of the Securities Exchange Act of 1934 (``Exchange
Act'') \5\ and Rule 608 thereunder,\6\ a proposal to amend the Plan
(``Thirteenth Amendment'').\7\ The proposal reflects changes
unanimously approved by the Participants. The Thirteenth Amendment
proposes to extend the pilot period of the Plan for one year and to
authorize the Processor to disseminate information provided by the
Primary Listing Exchange in connection with a reopening after a Trading
Pause,\8\ as discussed below. A copy of the Plan, as proposed to be
amended is attached as Exhibit A hereto. The Commission is publishing
this notice to solicit comments from interested persons on the
Thirteenth Amendment.\9\
---------------------------------------------------------------------------

    \1\ On May 31, 2012, the Commission approved the Plan, as
modified by Amendment No. 1. See Securities Exchange Act Release No.
67091, 77 FR 33498 (June 6, 2012) (File No. 4-631). On February 20,
2013, the Commission noticed for immediate effectiveness the Second
Amendment to the Plan. See Securities Exchange Act Release No.
68953, 78 FR 13113 (February 26, 2013). On April 3, 2013, the
Commission approved the Third Amendment to the Plan. See Securities
Exchange Act Release No. 69287, 78 FR 21483 (April 10, 2013). On
August 27, 2013, the Commission noticed for immediate effectiveness
the Fourth Amendment to the Plan. See Securities Exchange Act
Release No. 70273, 78 FR 54321 (September 3, 2013). On September 26,
2013, the Commission approved the Fifth Amendment to the Plan. See
Securities Exchange Act Release No. 70530, 78 FR 60937 (October 2,
2013). On January 7, 2014, the Commission noticed for immediate
effectiveness the Sixth Amendment to the Plan. See Securities
Exchange Act Release No. 71247, 79 FR 2204 (January 13, 2014). On
April 3, 2014, the Commission approved the Seventh Amendment to the
Plan. See Securities Exchange Act Release No. 71851, 79 FR 19687
(April 9, 2014). On February 19, 2015, the Commission approved the
Eight Amendment to the Plan. See Securities Exchange Act Release No.
74323, 80 FR 10169 (February 25, 2015). On October 22, 2015, the
Commission approved the Ninth Amendment to the Plan. See Securities
Exchange Act Release No. 76244, 80 FR 66099 (October 28, 2015). On
April 21, 2016, the Commission approved the Tenth Amendment to the
Plan. See Securities Exchange Act Release No. 77679, 81 FR 24908
(April 27, 2016). On August 26, 2016, the Commission noticed for
immediate effectiveness the Eleventh Amendment to the Plan. See
Securities Exchange Act Release No. 78703, 81 FR 60397 (September 1,
2016). On January 19, 2017, the Commission approved the Twelfth
Amendment to the Plan. See Securities Exchange Act Release No.
79845, 82 FR 8551 (January 26, 2017).
    \2\ See note 7 infra.
    \3\ See note 7 infra.
    \4\ See note 7 infra.
    \5\ 15 U.S.C. 78k-1(a)(3).
    \6\ 17 CFR 242.608.
    \7\ See Letter from Elizabeth King, General Counsel and
Corporate Secretary, NYSE, to Brent Fields, Secretary, Commission,
dated February 10, 2017. (``Transmittal Letter''). In the
Transmittal Letter, the Participants also propose to amend the Plan
to reflect name changes of certain Participants. See Transmittal
Letter, notes 1 and 2.
    \8\ Unless otherwise specified, the terms used herein have the
same meaning as set forth in the Plan.
    \9\ 17 CFR 242.608. The Commission notes that staff from the
Division of Economic and Risk Analysis has published a paper related
to several operational features of the Plan. See Claudia E. Moise
and Paca Flaherty, Division of Economic and Risk Analysis,
Commission, ``Limit Up-Limit Down'' Pilot Plan and Associated
Events, March 2017, available at https://www.sec.gov/dera/staff-papers/white-papers/dera-luld-white-paper.pdf.
---------------------------------------------------------------------------

II. Description of the Plan

    Set forth in this Section II is the statement of the purpose and
summary of the Thirteenth Amendment, along with the information
required by Rule 608(a)(4) and (5) under the Exchange Act,\10\ prepared
and submitted by the Participants to the Commission.\11\
---------------------------------------------------------------------------

    \10\ See 17 CFR 242.608(a)(4) and (a)(5).
    \11\ See Transmittal Letter, supra note7.
---------------------------------------------------------------------------

A. Statement of Purpose and Summary of the Plan Amendment

    The Participants filed the Plan on April 5, 2011, to create a
market-wide limit up-limit down mechanism intended to address
extraordinary market volatility in NMS Stocks, as defined in Rule
600(b)(47) of Regulation NMS under the Exchange Act. The Plan sets
forth procedures that provide for market-wide limit up-limit down
requirements that would prevent trades in individual NMS Stocks from
occurring outside of the specified price bands. These limit up-limit
down requirements are coupled with Trading Pauses, as defined in
Section I(Y) of the Plan, to accommodate more fundamental price moves.
In particular, the Participants adopted this Plan to address the type
of sudden price movements that the market experienced on the afternoon
of May 6, 2010.
    As set forth in more detail in the Plan, all trading centers in NMS
Stocks, including both those operated by Participants and those
operated by members of Participants, shall establish, maintain, and
enforce written policies and procedures that are reasonably designed to
comply with the limit up-limit down requirements specified in the Plan.
More specifically, the single plan processor responsible for
consolidation of information for an NMS Stock pursuant to Rule 603(b)
of Regulation NMS under the Exchange Act will be responsible for
calculating and disseminating a lower price band and upper price band,
as provided for in Section V of the Plan. Section VI of the Plan sets
forth the limit up-limit down requirements of the Plan, and in
particular, that all trading centers in

NMS Stocks, including both those operated by Participants and those
operated by members of Participants, shall establish, maintain, and
enforce written policies and procedures that are reasonably designed to
prevent trades at prices that are below the lower price band or above
the upper price band for an NMS Stock, consistent with the Plan.
    The Plan was initially approved for a one-year pilot period, which
began on April 8, 2013.\12\ Accordingly, the pilot period was scheduled
to end on April 8, 2014. As initially contemplated, the Plan would have
been fully implemented across all NMS Stocks within six months of
initial Plan operations, which meant there would have been full
implementation of the Plan for six months before the end of the pilot
period. However, pursuant to the fourth amendment to the Plan,\13\ the
Participants modified the implementation schedule of Phase II of the
Plan to extend the time period as to when the Plan would fully apply to
all NMS Stocks. Accordingly, the Plan was not implemented across all
NMS Stocks until December 8, 2013. Pursuant to the sixth amendment to
the Plan,\14\ which further modified the implementation schedule of
Phase II of the Plan, the date for full implementation of the Plan was
moved to February 24, 2014. Pursuant to the seventh, ninth, and tenth
amendments to the Plan,\15\ the pilot period was extended from April 8,
2014 to February 20, 2015, from February 20, 2015 to April 22, 2016,
and April 22, 2016 to April 17, 2017.
---------------------------------------------------------------------------

    \12\ See Section VIII of the Plan.
    \13\ See supra note 1.
    \14\ See id.
    \15\ See id.
---------------------------------------------------------------------------

    The Participants propose to amend Section VIII(C) of the Plan to
extend the pilot period through April 16, 2018, to allow the
Participants time to implement and assess the changes to the Plan as
described in both the tenth amendment to the Plan,\16\ which was
implemented on July 18, 2016, and the twelfth amendment to the
Plan,\17\ which is scheduled for implementation in the third quarter of
2017. In the twelfth amendment, the Participants amended the Plan to
provide that a Trading Pause will continue until the Primary Listing
Exchange has reopened trading using its established reopening
procedures and reports a Reopening Price. The Plan was further amended
to eliminate the current allowance for a trading center to resume
trading in an NMS Stock following a Trading Pause if the Primary
Listing Exchange has not reported a Reopening Price within ten minutes
after the declaration of a Trading Pause and has not declared a
Regulatory Halt. In addition, to preclude potential scenarios when
trading may resume without Price Bands, the Plan was amended to provide
that a trading center may not resume trading in an NMS Stock following
a Trading Pause without Price Bands in such NMS Stock. To address
potential scenarios in which there is no Reopening Price from the
Primary Listing Exchange to use to calculate Price Bands, the Plan was
amended to address when trading may resume if the Primary Listing
Exchange is unable to reopen due to a systems or technology issue and
how the Reference Price would be determined in such a scenario or if
the Primary Listing Exchange reopens trading on a zero bid or zero
offer, or both.
---------------------------------------------------------------------------

    \16\ See id.
    \17\ See id.
---------------------------------------------------------------------------

    In conjunction with amending the Plan, the Primary Listing
Exchanges filed proposed rule changes with the Commission under Section
19(b) of the Exchange Act to amend their rules for automated reopenings
following a Trading Pause consistent with a standardized approach
agreed to by Participants that would allow for extensions of a Trading
Pause if equilibrium cannot be met for a Reopening Price within
specified parameters.\18\ The Primary Listing Exchanges anticipate
implementing the changes to their automated reopenings in the third
quarter of 2017.
---------------------------------------------------------------------------

    \18\ See Securities Exchange Act Release Nos. 79846 (January 19,
2017), 82 FR 8548 (January 26, 2017) (SR-NYSEArca-2016-130)
(Approval Order); 79884 (January 26, 2017), 82 FR 8968 (February 1,
2017) (SR-BatsBZX-2016-61) (Approval Order); 79876 (January 25,
2017), 82 FR 8888 (January 31, 2017) (SR-Nasdaq-2016-131) (Approval
Order).
---------------------------------------------------------------------------

    Because the planned implementation date for both the twelfth
amendment to the Plan and the Primary Listing Exchange's amended
reopening procedures are scheduled for a time after the current pilot
end date, the Participants propose to extend the current Pilot an
additional year to April 16, 2018. The Participants believe that this
additional time will be beneficial in that it allows ``the public, the
Participants, and the Commission to assess the operation of the Plan
and whether the Plan should be modified prior to approval on a
permanent basis.'' \19\ The Participants further believe that extending
the Pilot another year would provide additional time for the
Participants, the Commission, and the public to consider other
potential modifications to the Plan that are currently under
consideration. These include consideration of changes to how NMS Stocks
are tiered under the Plan, and the applicable percentage parameters
associated with such tiers, consideration of the elimination of double-
wide Price Bands at the open and close of trading, and consideration of
recommendations made by the Equity Market Structure Advisory Committee
with respect to Plan operations.\20\ The Participants believe that the
Plan should continue to operate as a Pilot uninterrupted to provide
time to consider whether to make any such further modifications to the
Plan.
---------------------------------------------------------------------------

    \19\ See supra note 1, 77 FR 33498 at 33508.
    \20\ See U.S. Securities and Exchange Commission Equity Market
Structure Advisory Committee, Recommendations for Rulemaking on
Issues of Market Quality, dated November 29, 2016, available at
https://www.sec.gov/spotlight/emsac/emsac-recommendations-rulemaking-market-quality.pdf.
---------------------------------------------------------------------------

    The Participants also propose to amend Section VII(B)(1) of the
Plan to specify that the Processor would publish the following
information that the Primary Listing Exchange would provide to the
Processor in connection with reopening an NMS Stock after a Trading
Pause: Auction reference price; auction collars; and number of
extensions to the reopening auction. The Participants believe that the
proposed amendment is consistent with the goal of the twelfth amendment
to the Plan, which is to reduce the potential for sequential Trading
Pauses in an NMS Stock by centralizing the reopening process through
the Primary Listing Exchange. Because only one exchange would be
facilitating the reopening of an NMS Stock, the Participants believe
that having the Processors disseminate the additional enumerated
information that a Primary Listing Exchange would provide to the
Processor regarding such reopening would promote transparency regarding
the reopening of an NMS Stock following a Trading Pause. Specifically,
the Participants believe that the information that the Processor would
publish, as described above, is related to Plan operations in that such
information would provide greater transparency regarding whether an NMS
Stock would reopen at the end of the scheduled Trading Pause, or if
such Trading Pause has been extended beyond the five-minute period
contemplated in the Plan. The proposed amendment would therefore
protect investors and the public interest and is appropriate to the
maintenance of fair and orderly markets.\21\
---------------------------------------------------------------------------

    \21\ In the context of other national market system plans under
Rule 608 of Regulation NMS, the Participants are considering whether
the SIPs should disseminate additional information regarding
auctions, such as imbalance information and indicative match price.

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

B. Governing or Constituent Documents

    The governing documents of the Processor, as defined in Section
I(P) of the Plan, will not be affected by the Plan, but once the Plan
is implemented, the Processor's obligations will change, as set forth
in detail in the Plan.

C. Implementation of Plan

    The initial date of the Plan operations was April 8, 2013.

D. Development and Implementation Phases

    The Plan was initially implemented as a one-year pilot program in
two Phases, consistent with Section VIII of the Plan: Phase I of Plan
implementation began on April 8, 2013 and was completed on May 3, 2013.
Implementation of Phase II of the Plan began on August 5, 2013 and was
completed on February 24, 2014. The tenth amendment to the Plan was
implemented on July 18, 2016 and the twelfth amendment to the Plan must
be implemented no later than July 19, 2017.\22\ Pursuant to this
proposed amendment, the Participants propose to extend the pilot period
until April 16, 2018.
---------------------------------------------------------------------------

    \22\ See supra note 1, 82 FR 8551 at 8553 n.22.
---------------------------------------------------------------------------

E. Analysis of Impact on Competition

    The proposed Plan does not impose any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the
Exchange Act. The Participants do not believe that the proposed Plan
introduces terms that are unreasonably discriminatory for the purposes
of Section 11A(c)(1)(D) of the Exchange Act.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    The Participants have no written understandings or agreements
relating to interpretation of the Plan. Section II(C) of the Plan sets
forth how any entity registered as a national securities exchange or
national securities association may become a Participant.

G. Approval of Amendment of the Plan

    Each of the Plan's Participants has executed a written amended
Plan.

H. Terms and Conditions of Access

    Section II(C) of the Plan provides that any entity registered as a
national securities exchange or national securities association under
the Exchange Act may become a Participant by: (1) Becoming a
participant in the applicable Market Data Plans, as defined in Section
I(F) of the Plan; (2) executing a copy of the Plan, as then in effect;
(3) providing each then-current Participant with a copy of such
executed Plan; and (4) effecting an amendment to the Plan as specified
in Section III(B) of the Plan.

I. Method of Determination and Imposition, and Amount of, Fees and
Charges

    Not applicable.

J. Method and Frequency of Processor Evaluation

    Not applicable.

K. Dispute Resolution

    Section III(C) of the Plan provides that each Participant shall
designate an individual to represent the Participant as a member of an
Operating Committee. No later than the initial date of the Plan, the
Operating Committee shall designate one member of the Operating
Committee to act as the Chair of the Operating Committee. Any
recommendation for an amendment to the Plan from the Operating
Committee that receives an affirmative vote of at least two-thirds of
the Participants, but is less than unanimous, shall be submitted to the
Commission as a request for an amendment to the Plan initiated by the
Commission under Rule 608.
    On February 8, 2017, the Operating Committee, duly constituted and
chaired by Mr. Robert Books of Bats, met and voted unanimously to amend
the Plan as set forth herein in accordance with Section III(C) of the
Plan. The Plan Advisory Committee was notified in connection with the
Thirteenth Amendment and was in favor.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the amendment is
consistent with the Exchange Act and the rules thereunder. 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 4-631 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 4-631. 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 plan amendment that are filed
with the Commission, and all written communications relating to the
amendment 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 Participants' offices. 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 4-631 and should be submitted on or before
April 6, 2017.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05226 Filed 3-15-17; 8:45 am]
 BILLING CODE 8011-01-P


Public Comments on Proposed Significant New Use Rule (19-2.F) and EPA Responses  -  Public Docket EPA-HQ-OPPT-2019-0359

EPA received public comments from three identifying entities pertaining to the SNURs that the Agency is finalizing with this rule. The Agency's responses are described below.
Comment specific to the SNUR for P-16-400
Comment:  Shell Chemical LP, the submitter of PMN P-16-400, commented in response to the proposed SNUR for the substance which was the subject of this PMN. Shell requested that EPA withdraw the proposed SNUR and remove the restriction for consumer use, noting that in accordance with TSCA section 5(a)(3)(C), EPA determined that the PMN substance was not likely to present an unreasonable risk of injury to health or the environment under the conditions of use. Shell further stated that the restrictions in the proposed SNUR conflict with the referenced test data and EPA's conclusion that no unreasonable risks to the general population, consumers, or the environment were identified. Shell does not expect that the use of the PMN substance will be acutely toxic by dermal or inhalation routes as identified by the proposed SNUR; therefore, there should be no restriction for consumer use.
Response:  Although consumer use and use other than as a chemical intermediate, in cured coatings, cleaning fluids, metalworking fluids/rolling oils, and in agrochemicals were not identified as intended uses, they were identified as reasonably foreseen conditions of use by EPA during review of the PMN. EPA is concerned, based on the identified hazards for dermal irritation and lung effects, that other circumstances of use could result in unreasonable risks to consumers and workers. EPA is designating consumer use and use other than as a chemical intermediate, in cured coatings, cleaning fluids, metalworking fluids/rolling oils, and in agrochemicals as a significant new use because the Agency wants to have the opportunity to review and evaluate any prospective new use of the PMN substance before manufacture or processing for that use may commence. EPA will then make a determination regarding the use and take the required regulatory action associated with that determination. EPA is finalizing the SNUR as proposed.
Comment specific to the SNURs for PMN P-18-7 and P-18-8
Comment:  Nexoleum USA Corp., the submitter of PMNs P-18-7 and P-18-8, commented in response to the SNURs for the substances which were the subjects of these PMNs. Nexoleum recommended that EPA revise the SNURs to reflect the hazards identified by EPA for these substances. They explained that it was their understanding that EPA had intended the SNUR conditions to prohibit manufacturing, processing, or use that generates dust and to prohibit use in consumer products at greater than 20% by weight. They do not foresee conditions that would generate dust, nor do they foresee use in consumer products at greater than 20% by weight. Nexoleum requested that EPA either withdraw the SNURs or, if EPA proceeds with the SNURs, that EPA revise the SNURs to reflect the hazards that EPA identified for these substances.
Response:  EPA incorrectly identified the proposed significant new uses in the SNURs for these two substances. EPA has revised the SNURs to include the correct significant new uses as identified by the commenter:
 Manufacturing, processing, or use in any manner that generates a dust containing the substance; and
 Manufacturing or processing the substance at greater than 20% by weight in consumer products.
Protection of Drinking Water Sources
Comment:  The Association of Metropolitan Water Agencies (AMWA) identified concerns regarding environmental (surface water) release restrictions in the proposed SNURs for PMNs P-18-7, P-18-8, P-18-152, and P-19-26; and noted the importance of protecting water sources for public water supply. AMWA requested that empirical support for these restrictions be made available, expressing concern about the lack of information available for these chemicals in the public docket and about the level of redaction in sanitized support documents. AMWA explained that providing more information and greater data transparency would aid in understanding EPA's concerns and its decision to allow releases to surface waters despite the human health and/or environmental concerns identified. AMWA encouraged EPA to make its data more transparent and gather more data to better inform its decisions.
Response:  EPA assesses risks from exposure to drinking water when reviewing new chemicals and significant new uses of chemicals whenever it is determined the chemical may be released to water. EPA may also assess indirect releases to drinking water via landfill leachate, as necessary based on case-specific information. The expected environmental releases, media of release, potential human and ecological hazards, environmental fate, and other factors are considered when assessing potential risks from releases to water. EPA scientists and engineers use information provided in the premanufacture notice (PMN), reasonably available data on analogous substances, computer modeling, and their professional judgement to assess the environmental fate exposures and hazards of the chemical. When releases to water are expected, EPA uses models to estimate the potential concentrations of the substance in environmental media. EPA identifies the receiving water body based on information in the PMN or uses generic stream flow data for a particular industry sector. The predicted levels in the receiving water body are compared to the concern levels identified for human health and environmental effects to determine if there is risk.
      When chemicals are identified as being persistent, bioaccumulative, and toxic, as described in the New Chemical Program's PBT category (see 64 FR 60194; November 4, 1999), a SNUR typically ensures EPA will receive and review a significant new use notification (SNUN) before any releases to water are permitted. EPA may also issue a SNUR to require notification and Agency review before releases occur at or above the level where EPA identified potential risk to human health or the environment under the intended conditions of use (i.e., for SNURs following TSCA orders) or where there is a concern that releases may exceed the concern levels under other conditions of use. The allowable release level is usually based on the aquatic toxicity, as this level is typically much lower than the concern level for human health based on "no observed adverse effect level" (NOAEL) and "no observed adverse effect concentration" (NOAEC). Potential risks have been evaluated for the intended uses in environmental and human health risk assessments, and notification is required for the other uses.
      In the public docket, EPA has identified the basis for potential hazards and risks from water releases above a certain concentration. The concentrations specified in the proposed SNURs for PMNs P-18-7, P-18-8, P-18-152, and P-19-26 are all based on potential chronic risks to the aquatic environment. These surface water concentrations are protective of the environment and human health hazards identified for these chemical substances.
Comment:  AMWA recommended that for future SNURs, EPA reconsider approvals for chemicals that are known to have acute toxicity to human health and have been identified as potential contaminants of concern in drinking water supplies.  AMWA suggested that the Office of Pollution Prevention and Toxics (OPPT) should coordinate with the EPA Office of Ground Water and Drinking Water (OGWDW), which not only oversees the Safe Drinking Water Act implementation but also may have on its radar many of the chemicals being considered in this and future SNURs as potential drinking water contaminants. AMWA also suggested that OPPT utilize the knowledge base of the drinking water program at EPA's OGWDW to better inform decision making for future SNURs.
Response:  EPA agrees on the benefits of coordination of OPPT and OGWDW to protect drinking water supplies. OPPT works with the Office of Water (OW) on methods to enhance assessments of drinking water exposures. While the offices do coordinate, they must conduct risk assessments and take risk management actions consistent with the requirements of their respective laws. The Safe Drinking Water Act typically addresses comparatively data-rich existing substances now in commerce, while the TSCA new chemicals program reviews chemicals prior to entering the marketplace. OPPT will continue to coordinate with OW to ensure EPA is being protective across all environmental media programs and will explore ways to enhance collaboration on aspects of the assessments of new chemicals.
Access to Documents and Online Resources
Comment: AMWA recommended that EPA include in the public docket the Agency's PMN determination for each chemical in future SNURs, noting that access to these documents is necessary to allow the public to better understand the reasoning behind EPA's decisions. There is concern that EPA decision documents are not being included and/or properly marked in the docket.
Response: EPA agrees with the commenter on the importance of facilitating public access to Agency information. In 2019, EPA took significant steps to make additional information about the status of chemical reviews available to the public. EPA plans to continue to increase access to this information and will include determination documents in the public SNUR docket.
Lack of Requirements for Testing
Comment:  AMWA also expressed concern with EPA's method of obtaining potentially useful information, since there are no testing requirements contained in the SNURs. There is concern that this method may provide a disincentive to conduct additional studies that could reveal more harmful effects.
Response: EPA evaluated potential risks to human health and the environment for these chemicals under their conditions of use. EPA has determined that additional testing was not necessary for cases which are not likely to present unreasonable risk to human health and the environment. Additionally, the SNURs issued for these chemicals contain requirements for notification to EPA for review of other conditions of use that may increase exposures and releases. EPA has identified potentially useful information in the SNUR so that manufacturers or processors wishing to submit a Significant New Use Notice (SNUN) for a use designated by the SNUR can develop information to better characterize the potential risks. EPA is encouraging companies to consult with the Agency on the potential for use of alternative test methods and strategies (also called New Approach Methodologies, or NAMs) to generate data to inform risk assessment. EPA encourages dialogue with Agency representatives to help determine how best the submitter can meet both the data needs and the objective of TSCA section 4(h).


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 7, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17313

________________________________________________________________________
______

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Pan American Airways Corp.      filed    3/10/04 for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and points in St. Kitts and Nevis.

Applicant rep:   Nathaniel P. Breed, Jr.<PHONE_NUMBER>    DOT Analyst:
 Sylvia Moore<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted

The above action was effective when taken:  April 7, 2004, through
April 7, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The exemption authority granted is consistent with the July 23, 1977
aviation agreement between the United States and the United Kingdom, to
which St. Kitts and Nevis acceded upon its independence.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our

action was consistent with Department policy; (2) grant of the exemption
authority was consistent with the public interest; and (3) grant of the
authority would not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  To the extent not granted,
we denied all requests in the referenced Docket.  We may amend, modify,
or revoke the authority granted in this Notice at any time without
hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

									   08/2003