IMPORTANT NOTE TO USER:

This OMB form has been recreated in WP6.0 by OPPTS staff. The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you'll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request U. S. EPA 2. OMB control number b. G None a_ 2 _ 0 _ 4 _ 0  _ 0 _ 2 _ 0 _ 4 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. X Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. G Three years from approval date b. X Other Specify: 12 / 31 /_ 04 7. Title Disinfectants/ Disinfection Byproducts, Chemical, and Radionuclides Information Collection Request: Unregulated Contaminant Monitoring Regulation List 2 Amendments ( proposed rule)

8. Agency form number( s) ( If applicable) EPA ICR Number 1896.03 9. Keywords Environmental protection, Drinking water, Public utilities 10. Abstract The U. S. EPA proposes to amend the subject ICR to a Method 1605 for the analysis of Aeromonas, a Unregulated Contaminant Monitoring Rule ( UCMR) contaminant. The monitoring requirements for Aeromonas were proposed in June 2000 and subject to public comment and review. Following consideration of public comment, the requirements were promulgated in the January 11, 2001 UCMR. As specified in that rule, 180 small public water systems and 120 large public water systems were randomly selected from those systems conducting UCMR monitoring.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. X Business or other for profit e. Federal Government c. X Not for profit institutions f. P State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 167,894 b. Total annual responses 2,676,159 1. Percentage of these responses collected electronically 0 % c. Total hours requested 4,337,535 d. Current OMB inventory 4,337,534 e. Difference 1 f. Explanation of difference 1. Program Change 1 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 6,263 b. Total annual costs ( O& M) $ 142,196 c. Total annualized cost requested $ 148,459 d. Current OMB inventory $ 148,458 e. Difference $ 1 f. Explanation of difference 1. Program change $ 1 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. P_ Research c. __ General purpose statistics g. X_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. x Recordkeeping b. x Third party disclosure c. x Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) varies by rule 17. Statistical methods Does this information collection employ statistical methods? X Yes Q No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: David J. Munch Phone: ( 513) 569 7843 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information, or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


Placeholder for document 152; this document is titled " Response to Section 114 Request for Information Concerning Trical's Inventories of Methyl Bromide as of December 31, 2003, dated January 12, 2004" and contains Confidential Business Information.

Please contact Hodayah Finman at 202 343 9246 for more information.


[Federal Register: June 3, 2008 (Volume 73, Number 107)]
[Notices]
[Page 31694-31695]
[DOCID:fr03jn08-47]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0129]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Food Canning
Establishment Registration, Process Filing, and Recordkeeping for
Acidified Foods and Thermally Processed Low-Acid Foods in Hermetically
Sealed Containers

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July 3,
2008.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All comments
should be identified with the OMB control number 0910-0037. Also
include the FDA docket number found in brackets in the heading of this
document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief
Information Officer (HFA-250), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Food Canning Establishment Registration, Process Filing, and
Recordkeeping for Acidified Foods and Thermally Processed Low-Acid
Foods in Hermetically Sealed Containers--(OMB Control Number 0910-
0037)--Extension

    Under the Federal Food, Drug, and Cosmetic Act (the act), FDA is
authorized to prevent the interstate

distribution of food products that may be injurious to health or that
are otherwise adulterated, as defined in section 402 of the act (21
U.S.C. 342). Under the authority granted to FDA by section 404 of the
act (21 U.S.C. 344), FDA regulations require registration of food
processing establishments, filing of process or other data, and
maintenance of processing and production records for acidified foods
and thermally processed low-acid foods in hermetically sealed
containers. These requirements are intended to ensure safe
manufacturing, processing, and packing procedures and to permit FDA to
verify that these procedures are being followed. Improperly processed
low-acid foods present life-threatening hazards if contaminated with
foodborne microorganisms, especially Clostridium botulinum. The spores
of C. botulinum must be destroyed or inhibited to avoid production of
the deadly toxin that causes botulism.
    This is accomplished with good manufacturing procedures, which must
include the use of adequate heat processes or other means of
preservation.
    To protect the public health, FDA regulations require that each
firm that manufactures, processes, or packs acidified foods or
thermally processed low-acid foods in hermetically sealed containers
for introduction into interstate commerce register the establishment
with FDA using Form FDA 2541 (Sec. Sec.  108.25(c)(1) and 108.35(c)(2)
(21 CFR 108.25(c)(1) and 108.35(c)(2))). In addition to registering the
plant, each firm is required to provide data on the processes used to
produce these foods, using Form FDA 2541a for all methods except
aseptic processing, or Form FDA 2541c for aseptic processing of low-
acid foods in hermetically sealed containers (Sec. Sec.  108.25(c)(2)
and 108.35(c)(2)). Plant registration and process filing may be
accomplished simultaneously. Process data must be filed prior to
packing any new product, and operating processes and procedures must be
posted near the processing equipment or made available to the operator
(Sec.  113.87(a) (21 CFR 113.87(a))).
    Regulations in parts 108, 113, and 114 (21 CFR parts 108, 113, and
114) require firms to maintain records showing adherence to the
substantive requirements of the regulations. These records must be made
available to FDA on request. Firms are also required to document
corrective actions when process controls and procedures do not fall
within specified limits (Sec. Sec.  113.89, 114.89, and 114.100(c)); to
report any instance of potential health-endangering spoilage, process
deviation, or contamination with microorganisms where any lot of the
food has entered distribution in commerce (Sec. Sec.  108.25(d) and
108.35(d) and 108.35(e)); and to develop and keep on file plans for
recalling products that may endanger the public health (Sec. Sec.
108.25(e) and 108.35(f)). To permit lots to be traced after
distribution, acidified foods and thermally processed low-acid foods in
hermetically sealed containers must be marked with an identifying code
(Sec. Sec.  113.60(c) (thermally processed foods) and 114.80(b)
(acidified foods)).
    In the Federal Register of March 4, 2008 (73 FR 11649), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        No. of        Annual Frequency     Total Annual      Hours per
                  Form No.                       21 CFR  Section      Respondents       per Response         Responses       Response       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form FDA 2541 (Registration)                     108.25 and 108.35             515                     1             515             .17              88
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form FDA 2541a (Process Filing)                  108.25 and 108.35           1,489                  8.62          12,835            .333           4,274
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form FDA 2541c (Process Filing)                             108.35              84                  7.77             653             .75             490
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                                                4,852
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2.--Estimated Annual Recordkeeping Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   No. of         Annual Frequency  of      Total Annual            Hours per
                21 CFR Part                     Recordkeepers         Recordkeeping            Records            Recordkeeper           Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
113 and 114                                                7,454                     1                 7,454                   250             1,863,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA based its estimate on registrations and process filings
received over the past 3 years. FDA has changed its estimate of the
number of recordkeepers in table 2 of this document, reducing the
figure from 8,950 to 7,454. The agency reexamined the figure and
excluded firms that were inactive or out of business, yet still
registered. Thus, the lower figure is a more accurate estimate of the
number of recordkeepers. The reporting burden for Sec. Sec.  108.25(d)
and 108.35(d) and 108.35(e) is minimal because notification of
spoilage, process deviation or contamination of product in distribution
occurs less than once a year. Most firms discover these problems before
the product is distributed and, therefore, are not required to report
the occurrence. To avoid double-counting, estimates for Sec. Sec.
108.25(g) and 108.35(h) have not been included because they merely
cross-reference recordkeeping requirements contained in parts 113 and
114.

    Dated: May 27, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-12337 Filed 6-2-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: November 18, 2008 (Volume 73, Number 223)]
[Notices]
[Page 68430-68431]
[DOCID:fr18no08-87]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0397]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; State Enforcement
Notifications

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
December 19, 2008.

ADDRESSES:  To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0275.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

State Enforcement Notifications--(OMB Control Number 0910-0275--
Extension)

    Section 310(b) of the Federal Food, Drug, and Cosmetic Act (the
act) (21 U.S.C. 337(b)) authorizes States to enforce certain sections
of the act in their own names, but provides that States must notify FDA
before doing so. Section 100.2(d) (21 CFR 100.2(d)) sets forth the
information that a State must provide to FDA in a letter of
notification when it intends to take enforcement action under the act
against a particular food located in the State. The information
required under Sec.  100.2(d) will enable FDA to identify the food
against which the State intends to take action and advise the State
whether Federal action has been taken against it. With certain narrow
exceptions, Federal enforcement action precludes State action under the
act.
    In the Federal Register of July 18, 2008 (73 FR 41360), FDA
published a 60-day notice requesting public comment on the information
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           No. of        Annual Frequency  per      Total Annual        Hours Per
                   21 CFR Section                       Respondents             Response             Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.2(d)                                                             1                        1                  1                 10                 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated reporting burden for Sec.  100.2(d) is minimal
because enforcement notifications are seldom used by States. During the
last 3 years, FDA has not received any new enforcement notifications;
therefore, the agency estimates that one or fewer notifications will be
submitted annually. Although FDA has not received any new enforcement
notifications in the last 3 years, it believes these information
collection provisions should be extended to provide for the potential
future need of a State government to submit enforcement notifications
informing FDA when it intends to take enforcement action under the act
against a particular food located in the State.

    Dated: November 10, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-27258 Filed 11-18-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19478-19480]
[FR Doc No: 2014-07837]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0096]
RIN 1625-AA08

Special Local Regulation; Charleston Race Week, Charleston
Harbor; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Charleston Harbor in Charleston, South Carolina during
Charleston Race Week, a series of sailboat races. The races are
scheduled to take place on April 11, 2014 through April 13, 2014.
Approximately 300 sailboats are anticipated to participate in the
races. The special local regulation is necessary to provide for the
safety of life on the navigable waters of the United States during the
races. The special local regulation consists of three race areas.
Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
authorized by the Captain of the Port Charleston or a designated
representative.

DATES: This rule is effective on April 11, 2014 through April 13, 2014.
This rule will be enforced daily from 9 a.m. until 4:30 p.m.

ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2014-0096. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``Search.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, telephone
(843) 740-3184, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the event until February 4, 2014. As a
result, the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the event. Any delay in the
effective date of this rule would be contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date for
this special local regulation is contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during three Charleston Race Week sailboat races.

C. Discussion of the Final Rule

    From April 11, 2014 through April 13, 2014, Charleston Ocean Racing
Association will host three sailboat races on Charleston Harbor in
Charleston, South Carolina during Charleston Race Week. Approximately
300 sailboats will be participating in the three races.
    The rule establishes a special local regulation on certain waters
of Charleston Harbor in Charleston, South Carolina. The special local
regulation will be enforced daily from 9 a.m. until 4:30 p.m. on April
11, 2014 through April 13, 2014. The special local regulation consists
of the following three race areas.
    1. Race Area #1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
    2. Race Area #2. All waters encompassed within a 900 yard radius of
position 32[deg]45'54'' N, 79[deg]54'41'' W.
    3. Race Area #3. All waters encompassed within a 900 yard radius of
position 32[deg]46'09'' N, 79[deg]53'52'' W.
    Except for those persons and vessels participating in the sailboat
races, persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within any of the race areas unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within any of the race areas may
contact the Captain of the Port Charleston by telephone at (843) 740-
7050, or a designated

representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the race areas is granted by the Captain of the Port Charleston or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the regulated areas by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) Although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the regulated areas
without authorization from the Captain of the Port Charleston or a
designated representative, they may operate in the surrounding area
during the enforcement periods; (2) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated areas
if authorized by the Captain of the Port Charleston or a designated
representative; and (3) the Coast Guard will provide advance
notification of the special local regulation to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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 may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter, transit through, anchor in, or remain within the
waters of Charleston Harbor encompassed within the three regulated
areas between 9 a.m. and 4:30 p.m., from April 11, 2014 through April
13, 2014. For the reasons discussed in the Regulatory Planning and
Review section above, this rule will not have a significant economic
impact on a substantial number of small entities.

3. Assistance for Small Entities

    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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 a special local regulation issued in conjunction with a
regatta or marine parade. This rule is categorically excluded from
further review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. Because this regulation is substantially unchanged from
the regulation issued when the prior determination was made and there
have been no new developments relevant to that determination, we have
not completed a new environmental analysis checklist and Categorical
Exclusion Determination for this regulation. The previously completed
environmental analysis checklist and Categorical Exclusion
Determination can be found at docket number USCG-2013-0081 at
www.regulations.gov. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this rule.

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: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.T07-0096 to read as follows:

Sec.  100.T07-0096  Special Local Regulation; Charleston Race Week,
Charleston Harbor; Charleston, SC.

    (a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
    (1) Race Area # 1. All waters encompassed within an 800 yard radius
of position 32[deg]46'23'' N, 79[deg]55'11'' W.
    (2) Race Area # 2. All waters encompassed within a 900 yard radius
of position 32[deg]45'54'' N, 79[deg]54'41'' W.
    (3) Race Area # 3. All waters encompassed within a 900 yard radius
of position 32[deg]46'09'' N, 79[deg]53'52'' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) Except for those persons and vessels
participating in the sailboat races, all persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within any of the three regulated areas unless authorized by
the Captain of the Port Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within any of the regulated areas may contact the Captain
of the Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
any of the regulated areas is granted by the Captain of the Port
Charleston or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 9
a.m. until 4:30 p.m. from April 11, 2014 through April 13, 2014.

    Dated: March 19, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-07837 Filed 4-8-14; 8:45 am]
BILLING CODE 9110-04-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency= s Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA\ Office of Air and Radiation\ Office of Transportation and Air Quality 2. OMB control number b. G None a 2060  0078 3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify:

7. Title Highway Vehicle Activity and Emissions ( Renewal)

8. Agency form number( s) EPA ICR Number 0619.10 9. Keywords Mobile Source, On Highway, Vehicle Emissions, In use, Recruitment, Emission Rates, Vehicle Activity 10. Abstract EPA is initiating a data collection to target two research objectives related to emissions inventory estimation for highway vehicles. The first is to examine differences in vehicle speed among differing vehicle types and road types. The second is to measure emission rates for samples of vehicles stratified by year of manufacture and regulatory class. Data to be collected include " in use" or " real world" vehicle speed, emission rates.

11. Affected public ( Mark primary with A P@ and all others that apply with A X@) a. P Individuals or households d. X Farms b. X Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with A P@ and all others that apply with A X@) a. P Voluntary b. G Required to obtain or retain benefits c. G Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents ___________ 1,285 b. Total annual responses ___________ 1,285 1. Percentage of these responses collected electronically _________ 0% c. Total hours requested ___________ 1,327 d. Current OMB inventory __________ 1,649 e. Difference ___________________( 322) f. Explanation of difference 1. Program Change _______________ 0__ 2. Adjustment __________________( 322) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) ______ ____ $ 0 c. Total annualized cost requested ________ $ 0 d. Current OMB inventory ___________ $ 0 e. Difference ____$ 0 f. Explanation of difference 1. Program change _________________ $ 0 2. Adjustment $ 0 15. Purpose of information collection ( Mark Primary With A P@ and all others that apply with A X@) a. x Application for benefits e. x Program planning or management b. x Program evaluation f. P Research c. General purpose statistics g. _ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) One time 17. Statistical methods Does this information collection employ statistical methods? X Yes Q No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Carl Scarbro Phone: 734 214 4209 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected= ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Chester J France, Director Assessment and Standards Division Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads AAs part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

A( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

A( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

A( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C ' 601( 6)), the use of such techniques as:

A( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; A( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; A( 3) an exemption from coverage of the collection of information, or any part thereof;

A( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

A( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

A( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

A( g) informs potential respondents of the information called for under ' 1320.8( b)( 3); [ see below]

A( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

A( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and A( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public.@

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

A( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: A( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; A( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; A( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); A( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); A( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and A( vi) the fact that any 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.@

OMB 83 I ( Instructions) 10/ 95


[Federal Register: July 16, 2009 (Volume 74, Number 135)]
[Notices]
[Page 34567-34568]
[DOCID:fr16jy09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 8, 2009.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER09-807-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits response to Commission's 5/28/09 letter requiring additional
information concerning the 3/6/09 tariff filing.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0054.
    Comment Date: 5 p.m. Eastern Time on Monday, July 20, 2009.

    Docket Numbers: ER09-1416-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets to the Foxborough Development Wholesale Distribution Load
Interconnection Facilities Agreement, etc.
    Filed Date: 07/07/2009.
    Accession Number: 20090708-0112.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 28, 2009.

    Docket Numbers: ER09-1417-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Wabash Valley Power Association, Inc. submits Original
Sheet 15 et al. to Rate Schedule FERC No. 11 et al. to be effective 9/
5/09.
    Filed Date: 07/07/2009.
    Accession Number: 20090708-0111.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 28, 2009.

    Docket Numbers: ER09-1418-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company submits a revised Executed
Large Generator Interconnection Agreement with Rumford Falls Hydro,
LLC.
    Filed Date: 07/07/2009.
    Accession Number: 20090708-0113.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 28, 2009.

    Docket Numbers: ER09-1419-000.
    Applicants: Lumberton Power, LLC.
    Description: Lumberton Power, LLC et al. submits Notice of
Cancellation of its market based rate tariffs, effective 6/26/09.
    Filed Date: 07/07/2009.
    Accession Number: 20090708-0118.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 28, 2009.

    Docket Numbers: ER09-1420-000.
    Applicants: Elizabethtown Power, LLC.
    Description: Lumberton Power, LLC et al. submits Notice of
Cancellation of its market based rate tariffs, effective 6/26/09.
    Filed Date: 07/07/2009.
    Accession Number: 20090708-0118.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 28, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the

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

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-16827 Filed 7-15-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 22, 2010 (Volume 75, Number 34)]
[Notices]
[Page 7646-7648]
[DOCID:fr22fe10-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61508; File No. SR-BATS-2010-001]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

February 5, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 29, 2010, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. BATS has
designated the proposed rule change as one establishing or changing a
member due, fee, or other charge imposed by the Exchange under Section
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposed rule change effective upon filing with the
Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify its fee schedule applicable to
Members \5\ of the Exchange pursuant to BATS Rules 15.1(a) and (c).
While changes to the fee schedule pursuant to this proposal will be
effective upon filing, the changes will become operative on February 1,
2010.
---------------------------------------------------------------------------

    \5\ A Member is any registered broker or dealer that has been
admitted to membership in the Exchange.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective February 1, 2010, in order to (i) implement a
fee of 0.10% of the total dollar value for trades that remove liquidity
in securities priced below $1.00; (ii) increase the fee charged by the
Exchange for its ``CYCLE'' and ``RECYCLE'' routing strategies from
$0.0026 per share to $0.0027 per share; and (iii) amend the fees for
certain destination specific routing options to continue to offer a
``one under'' pricing model.
(i) Charge for Removing Liquidity in Securities Priced Below $1.00
    The Exchange has not previously charged Members for transactions
that remove liquidity from or add liquidity to the Exchange's book in
securities priced below $1.00. The Exchange proposes to begin charging
0.10% of the total dollar value of the execution for any security (all
Tapes) priced under $1.00 that removes liquidity from the Exchange's
book. The Exchange is not proposing to provide a liquidity rebate in
such securities at this time. The Exchange believes that a nominal fee
is warranted for securities priced below $1.00 for various reasons,
including that such transactions inevitably contribute to the overall
infrastructure costs incurred by the Exchange.
(ii) Increase in Routing Fees for ``CYCLE'' and ``RECYCLE'' Routing
    Based on increased fees at various market centers to remove
liquidity, the Exchange proposes to modify the fee charged by the
Exchange for its ``CYCLE'' and ``RECYCLE'' routing strategies from
$0.0026 per share to $0.0027 per share. To be consistent with this
change, the Exchange proposes to

charge 0.27%, rather than 0.26%, of the total dollar value of the
execution for any security (all Tapes) priced under $1.00 per share
that is routed away from the Exchange through CYCLE or RECYCLE.
(iii) One Under Pricing for Destination Specific Orders
    The Exchange has previously provided a discounted price fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance has been $0.0001 less per share for orders routed to such
market centers by the Exchange than such market centers currently
charge for removing liquidity (referred to by the Exchange as ``One
Under'' pricing). Based on changes in pricing at such market centers,
BATS is proposing various changes to its prices for Destination
Specific Orders to align its fees so they are $0.0001 less per share
for orders routed to such market centers as of February 1, 2010.
Specifically, because NYSE Arca has eliminated the distinction in its
fees between Tape A, B, and C securities the Exchange proposes to
eliminate that same distinction for BATS + NYSE Arca Destination
Specific Orders. Thus, the Exchange proposes to normalize the fee
charged for BATS + NYSE ARCA Destination Specific Orders executed at
NYSE Arca at $0.0027 per share, which fee is a reduction for Tape A and
C securities from $0.0029 per share. Also, the Exchange proposes to
continue to charge $0.0029 per share for BATS + NASDAQ Destination
Specific Orders executed at NASDAQ in Tape A and C securities, but to
reduce the fee to $0.0027 per share for BATS + NASDAQ Destination
Specific Orders executed at NASDAQ in Tape B securities. Each of the
changes described above will result in the Exchange charging $0.0001
less per share for orders routed to certain market centers as
Destination Specific Orders.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\6\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\7\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. The Exchange believes that its fees
and credits are competitive with those charged by other venues and that
the various changes it has proposed to reduce its fees will benefit
Members due to the obvious economic savings Members will receive. For
those proposed changes that will result in increased fees charged to
Members, such as the charge for trades that remove liquidity in
securities below $1.00 and the increased fee for CYCLE and RECYCLE
routing, the Exchange believes that any additional revenue it receives
will allow the Exchange to devote additional capital to its operations,
which may, in turn, benefit Members of the Exchange. Finally, the
Exchange believes that the proposed rates are equitable in that they
apply uniformly to all Members.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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

    No written comments were solicited or received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ because it establishes or changes a due fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-BATS-2010-001 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 No. SR-BATS-2010-001. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission,\10\ 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 changes between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 pm. Copies of such filing also will be
available for inspection and copying at the principal office of BATS.
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 No. SR-BATS-2010-001 and
should be submitted on or before March 15, 2010.
---------------------------------------------------------------------------

    \10\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov/rules/sro.shtml.

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-3330 Filed 2-19-10; 8:45 am]
BILLING CODE 8011-01-P


Susan: I had entered your email incorrectly on the initial transmission to Nhan. Jim >  Original Message > From: Boiano, James M. > Sent: Thursday, October 24, 2002 11: 54 AM > To: ' Nguyen. Nhan@ epamail. epa. gov' > Cc: Susan Sharkey ( E mail) > Subject: Status of NIOSH NEWS > > Nhan: > The new NOES, now called the National Exposures at Work Survey ( NEWS), > will initially focus on the health services sector ( SIC 80) and on several > classes of chemical agents. These chemical agents include antineoplastics > and aerosolized medications ( such as ribavirin and pentamidine), high > level disinfectants ( such as glutaldehyde and orthro phthaldehyde), waste > anesthetic gases ( such as ethylene oxide and hydrogen peroxide), and > possibly glycol ethers ( used in floor care products such as strippers and > sealers, and in adhesive removers). Are any of these agents of interest > to EPA? Please note that because the NEWS is under development, some of > the aforementioned agents may change by the time we conduct the survey. > Apart from collecting information on chemical agents, we also plan to > gather limited information on management health and safety practices and > organization of work factors. Currently we are working with our contractor > to develop questionnaires for workers and management representatives. Once > the questionnaires are developed we plan to conduct feasibility > evaluations in several healthcare facilities to evaluate various methods > of administration. We expect to compete the feasibility evaluations by the > middle of next year. The NEWS survey will probably begin by early 2004. > Thank you for your interest in the NEWS. Should you have any questions > please contact me at 513 841 4246 or by email. > Jim >


[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Page 67846]
[FR Doc No: 2023-21619]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98528; File No. SR-PHLX-2023-40]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
of Proposed Rule Change To Amend Equity 4, Rules 3301A and 3301B To
Establish New ``Contra Midpoint Only'' and ``Contra Midpoint Only With
Post-Only'' Order Types and To Make Other Corresponding Changes to the
Rulebook

September 26, 2023.
    On August 28, 2023, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Equity 4, Rules 3301A and 3301B \3\ to establish new ``Contra
Midpoint Only'' and ``Contra Midpoint Only with Post-Only'' Order
Types, and to make other corresponding changes to the Rulebook. The
proposed rule change was published for comment in the Federal Register
on September 8, 2023.\4\ The Commission received no comments on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ References herein to Phlx Rules in the 3000 Series shall
mean Rules in Phlx Equity 4.
    \4\ See Securities Exchange Act Release No. 98280 (September 1,
2023), 88 FR 62129.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days (i) as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission shall either approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is October 23, 2023. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, pursuant to Section 19(b)(2) of the Act,\6\ the Commission
designates December 7, 2023, as the date by which the Commission shall
either approve or disapprove, or institute proceedings to determine
whether to disapprove, the proposed rule change (File No. SR-PHLX-2023-
40).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-21619 Filed 9-29-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Notices]
[Pages 22137-22139]
[FR Doc No: 2017-09624]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2684-010]

Flambeau Hydro, LLC; Notice of Application Tendered for Filing
With the Commission and Establishing Procedural Schedule for Licensing
and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.

    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2684-010.
    c. Date Filed: April 26, 2017.
    d. Applicant: Flambeau Hydro, LLC (Flambeau Hydro).
    e. Name of Project: Arpin Hydroelectric Project.
    f. Location: On the Chippewa River in Sawyer County, Wisconsin.
There are no federal or tribal lands within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jason Kreuscher, Renewable World
Energies, LLC, 100 State Street, P.O. Box 264, Neshkoro, WI 54960;
(855) 994-9376, ext. 102.
    i. FERC Contact: Amy Chang,<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of the Commission's regulations,
if any resource agency, Indian Tribe, or person believes that an
additional scientific study should be conducted in order to form an
adequate factual basis for a complete analysis of the application on
its merit, the resource agency, Indian Tribe, or person must file a
request for a study with the Commission not later than 60 days from the
date of filing of the application, and serve a copy of the request on
the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: June 25, 2017.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426. The first page of any filing should include
docket number P-2684-010.
    m. This application is not ready for environmental analysis at this
time.
    n. The existing Arpin Hydroelectric Project consists of: (1) A
742.5-foot-long masonry dam (West dam) that includes: (a) A 120.5-foot-
long ungated, non-overflow section; (b) a 318.9-foot-long overflow
spillway with a crest elevation of 1,227.55 feet North American
Vertical Datum of 1988 (NAVD 88); and (c) a 303.1-foot long gated
section that includes a 16.9-foot-wide timber stoplog spillway and a
15.9-foot-wide timber stoplog spillway; (2) a 452.2-foot-long masonry
dam (Middle dam) that includes: (a) A 63.5-foot-long ungated, non-
overflow section; (b) a 237.9-foot-long overflow spillway with a crest
elevation of 1,227.65 feet NAVD 88; and (c) a 150.8-foot-long gated
section that includes two 19.5-foot-wide steel vertical lift gates; (3)
a 319.8-foot-long masonry dam (East dam) that includes: (a) A 25.5-foot
long ungated, non-overflow section; (b) a 108-foot-long overflow
spillway with a crest elevation of 1,227.8 feet NAVD 88; and (c) a
186.3-foot-long gated section that includes a 15.9-foot-wide, 6.25-
foot-tall tainter gate and a 16.3-foot-wide, 6.25-foot-tall tainter
gate; (4) a 294-acre impoundment with a normal maximum elevation of
1,227.32 feet NAVD 88; (5) a 3,200-foot-long, 60-foot-wide, 9- to 14-
foot-deep earthen embankment power canal that includes 37-foot-long,
11.5-foot-wide, 14-foot-deep headworks; (6) a 48-foot-long, 13.5-foot-
wide, 14.5-foot-tall concrete forebay and intake area that includes
inclined trash racks with 2-inch spacing and three metal slide gates;
(7) a 79-foot-long, 7-foot-diameter steel penstock and two 79-foot-
long, 8-foot-diameter steel penstocks, each dedicated to a single
turbine-generator unit; (8) a 52-foot-wide, 24-foot-long, 25-foot-tall
cement block powerhouse containing two 600-kilowatt (kW) and one 250-kW
vertical Francis turbine-generator units for a total capacity of 1,450-
kW; (9) a 15-foot-long, 2.4-kilovolt (kV) underground generator lead
that connects the turbine-generator units to three step-up
transformers; (10) a 3,645-foot-long, 22.9-kV overhead transmission
line that connects the step-up transformers to the regional
distribution line; and (11) appurtenant facilities.
    Flambeau Hydro operates the project in a run-of-river mode with an
annual average generation of approximately 7,336 megawatt-hours.
Flambeau Hydro is not proposing any new project facilities or changes
in project operation.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule and final amendments: The application will
be processed according to the following preliminary Hydro Licensing
Schedule. Revisions to the schedule will be made as appropriate.

Issue Deficiency Letter (if necessary).........  July 2017.
Request Additional Information.................  July 2017.
Issue Acceptance Letter........................  October 2017.
Issue Scoping Document 1 for comments..........  October 2017.
Request Additional Information (if necessary)..  December 2017.
Issue Scoping Document 2.......................  January 2018.
Issue notice of ready for environmental          March 2018.
 analysis.
Commission issues EA or draft EA...............  September 2018.
Comments on EA or draft EA.....................  October 2018.
Commission issues final EA.....................  January 2019.

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: May 5, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-09624 Filed 5-11-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 77048-77050]
[FR Doc No: 2011-31599]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65883; File No. SR-Phlx-2011-154]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change by NASDAQ
OMX PHLX LLC Relating to Routing Fees for PSX

December 5, 2011.
    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 November 22, 2011, NASDAQ OMX PHLX LLC (``PHLX'' 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 the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposed rule change to pricing for PHLX
members using the NASDAQ OMX PSX System. The new pricing will take
effect immediately.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, on the Commission's Web site at
http://www.sec.gov/ and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to adopt fees applicable
to the new routing services on PSX. PHLX recently adopted rules that
allow it to route orders to other trading venues for execution.\3\ The
different routing strategies, PSTG, PSCN, PMOP, PTFY and PCRT, are
defined in PHLX Rule 3315. These routing strategies correlate to some
of the routing strategies of NASDAQ, as explained below. PHLX proposes
to amend its fee schedule to adopt fees for the execution of routed
orders, which are the same as or less than NASDAQ's, as explained
below.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 65469 (October 3, 2011),
76 FR 62486 (October 7, 2011) (SR-Phlx-2011-108).
---------------------------------------------------------------------------

    Respecting PSTG \4\ and PSCN \5\ orders, the routing charge is
$0.0027 per share executed at venues other than NYSE and $0.0023 per
share executed at NYSE. Respecting NASDAQ's \6\ comparable STGY and
SCAN orders,\7\ this charge is the same for shares executed on NYSE and
less than what NASDAQ charges for routed executions at other venues in
NASDAQ-listed securities, NYSE-listed securities and for securities
listed on exchanges other than NASDAQ or NYSE ($0.0030 per share).\8\
The Exchange seeks to attract users to its new routing program and has
accordingly determined to charge $0.0027 per share rather than the
$0.0030 that NASDAQ charges for orders executed at NASDAQ and other
venues. The Exchange currently charges $0.0027 per share for executions
on its own market, so the Exchange believes that it is reasonable and
equitable, as well as appropriate from a business standpoint to charge
the same for executions on other markets in order to attract business.
The Exchange has determined to charge the same $0.0023 per share that
NASDAQ charges for executions on the NYSE and believes it could be
successful attracting this business at that price.
---------------------------------------------------------------------------

    \4\ See PHLX Rule 3315(a)(1)(A)(iii).
    \5\ See PHLX Rule 3315(a)(1)(A)(iv).
    \6\ Similar to the fees proposed herein, NASDAQ bases the charge
on the type of routing strategy employed and where the order was
executed, because routing fees are generally intended to recoup the
cost of routing the order to another venue for execution. However,
unlike PHLX, NASDAQ also bases its routing fees on where the
security is listed. This is not a significant difference because the
proposed fees include a separate charge for execution on the NYSE.
    \7\ See NASDAQ Rule 4758(a)(1)(A)(iii) and (iv).
    \8\ For NASDAQ-listed securities, there is no separate, lower
fee for orders executed at NYSE, because NASDAQ-listed securities do
not trade on NYSE and thus would not route there.
---------------------------------------------------------------------------

    Respecting PMOP \9\ orders, the charge is $0.0025 per share
executed at NYSE and $0.0035 per share executed at venues other than
NYSE. This is the same as what NASDAQ charges for its comparable MOPP
orders,\10\ which is, following the format of the NASDAQ fee schedule:
(i) For NASDAQ-listed securities, $0.0035 per share; \11\ (ii) for
NYSE-listed securities, $0.0035 per share executed at venues other than
NYSE or charge of $0.0025 per share executed at NYSE; and (iii) for
securities listed on exchanges other than NASDAQ or NYSE, $0.0035 per
share. The Exchange has determined that this is the appropriate charge
to attract PMOP orders.
---------------------------------------------------------------------------

    \9\ See PHLX Rule 3315(a)(1)(A)(vi).
    \10\ See NASDAQ Rule 4758(a)(1)(A)(vi).
    \11\ For NASDAQ-listed securities, there is no separate, lower
fee for orders executed at NYSE, because NASDAQ-listed securities do
not trade on NYSE and thus would not route there.
---------------------------------------------------------------------------

    Respecting PTFY \12\ orders, the routing charge is $0.0022 per
share executed at NYSE and $0.0005 per share executed at venues other
than NYSE, NASDAQ or BX; for orders that execute at BX, PHLX will give
a credit of $0.0014 per share and for orders that execute at NASDAQ,
PHLX will charge $0.0027 per share executed. This is the same as what
NASDAQ charges for its comparable TFTY orders,\13\ which is $0.0022 per
share executed at NYSE, $0.0005 per share executed at venues other than
NYSE, BX or PSX, and a credit of $0.0014 for orders that execute at BX,
except that NASDAQ has a pass through of all fees assessed and rebates
offered by PSX for orders that execute at PSX, which is akin to PSX's
basic charge of $0.0027 per share on PSX and lower than NASDAQ's charge
of $0.0030. In order to attract additional business to PSX, the fee for
executions resulting from orders routed to NASDAQ from PSX is less than
the charge for removing liquidity directly on NASDAQ.
---------------------------------------------------------------------------

    \12\ See PHLX Rule 3315(a)(1)(A)(v).
    \13\ See NASDAQ Rule 4758(a)(1)(A)(v).
---------------------------------------------------------------------------

    Respecting PCRT \14\ orders, for orders that execute at BX, PHLX
will give a credit of $0.0014 per share and charge $0.0027 for orders
that execute at NASDAQ.\15\ This is the same or less than what NASDAQ
charges for its comparable CART orders,\16\ which is a credit of
$0.0014 for orders that execute at BX (the same), respecting all
securities regardless of where they are listed. NASDAQ generally
charges $0.0030 for removing liquidity from NASDAQ and passes through
fees assessed and rebates offered by PSX for orders that execute at
PSX, which today is a charge of $0.0027 per share. The proposed PHLX
charge of $0.0027 for orders that execute at NASDAQ would be the same
as the PSX charge to remove liquidity and less than NASDAQ's charge of
$0.0030.
---------------------------------------------------------------------------

    \14\ See PHLX Rule 3315(a)(1)(A)(vii).
    \15\ PCRT orders can only execute on BX, PSX or NASDAQ. See PHLX
Rule 3315(a)(1)(A)(vii).
    \16\ See NASDAQ Rule 4758(a)(1)(A)(xi).
---------------------------------------------------------------------------

    Respecting securities priced at less than $1 executed at a venue
other than PHLX, PHLX proposes to adopt a charge of 0.3% of the total
transaction cost. This is the same as what NASDAQ charges for orders
that route and execute

at an away market,\17\ which the Exchange believes is reasonable.
---------------------------------------------------------------------------

    \17\ See NASDAQ Rule 7018(b).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\18\ in general, and with
Sections 6(b)(4) of the Act,\19\ 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 PHLX operates or controls. The new routing fees are
reasonable because they seek to recoup the cost of the execution on the
other venue, which is generally borne by the order router and,
ultimately, the routing exchange.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f.
    \19\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The proposed fees generally mimic the routing fee structure in
effect on NASDAQ for some time.\20\ The difference in the proposed
routing fees as compared to NASDAQ's routing fees is that PHLX is
proposing to charge less than NASDAQ ($0.0027 versus $0.0030 per share)
for PSTG and PSCN orders routed to markets other than the NYSE (as
compared to STGY and SCAN orders on NASDAQ). The Exchange believes that
this difference is reasonable because it is the same charge that is
applicable to orders executed on its own market. Similarly, the
proposed $0.0027 fee for PTFY and PCRT orders executed on NASDAQ is the
same charge that is applicable to orders executed on PSX's own market.
---------------------------------------------------------------------------

    \20\ See NASDAQ Rule 7018.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed routing fees are
equitable. All similarly situated members are subject to the same fee
structure, and access to PHLX is offered on fair and non-discriminatory
terms; specifically, the same routing fee, credit or pass through fee
applies to any participant and does not differ based on user type
(e.g., customer or broker-dealer).
    Furthermore, the new routing fees are reasonable and equitable in
that the decision to send routable orders and to use PHLX as a router
is entirely voluntarily; members can avail themselves of numerous other
means of directing orders to other venues, including becoming members
of those markets or using any of a number of competitive routing
services offered by other exchanges and brokers.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Because the market for order
execution and routing is extremely competitive, members may readily opt
to disfavor PHLX's execution and routing services if they believe that
alternatives offer them better value. For this reason and the reasons
discussed in connection with the statutory basis for the proposed rule
change, PHLX does not believe that the proposed fees will impair the
ability of members or competing order execution venues to maintain
their competitive standing in the financial markets.

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.\21\ 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.
---------------------------------------------------------------------------

    \21\ 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 No. SR-Phlx-2011-154 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 No. SR-Phlx-2011-154. 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
a.m. and 3 p.m. Copies of such 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 No. SR-Phlx-2011-154 and should be
submitted on or before December 30, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31599 Filed 12-8-11; 8:45 am]
BILLING CODE 8011-01-P


  From: Keith Barnett/RTP/USEPA/US  To: "Stuart Sessions"<EMAIL_ADDRESS> Cc: <EMAIL_ADDRESS> Date: 09/28/2009 02:06 PM  Subject: Re: Portland Cement NESHAP -- CEM Cost Information

Dear Stu:

I seem to recall you had some questions  the sources of the monitoring costs.  Cost for Mercury CEMs were taken from the CAMR rule - see attached excerpt:

The rest came from a cost model tat you may access at:

http://www.epa.gov/ttnemc01/cem.html

Let me know if you have further questions.

Keith W. Barnett USEPA/OAQPS/SPPD/MMG Mail Code D243-02 Research Triangle Park, NC  27711 919-541-5605 <EMAIL_ADDRESS>