[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73547-73549]
[FR Doc No: 2022-26093]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-3-000]

Tres Palacios Gas Storage LLC; Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Tres
Palacios Cavern 4 Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Tres Palacios Cavern 4 Expansion
Project (Expansion Project) involving construction and operation of
facilities by Tres Palacios Gas Storage LLC (Tres Palacios) in
Matagorda County, Texas. The Commission will use this environmental
document in its decision-making process to determine whether the
project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the Expansion Project. As part of the National
Environmental Policy Act (NEPA) review process, the Commission takes
into account concerns the public may have about proposals and the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. This gathering of public input is referred to

as ``scoping.'' The main goal of the scoping process is to focus the
analysis in the environmental document on the important environmental
issues. Additional information about the Commission's NEPA process is
described below in the NEPA Process and Environmental Document section
of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5 p.m. Eastern Time on December 23, 2022. Details on how to
submit comments are provided in the Public Participation section of
this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission staff determine what
issues they need to evaluate in the environmental document. Commission
staff will consider all written comments during the preparation of the
environmental document.
    If you submitted comments on this project to the Commission before
the opening of this docket on October 26, 2022, you will need to file
those comments in Docket No. CP23-3-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    Tres Palacios provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' which addresses typically asked questions, including
how to participate in the Commission's proceedings. This fact sheet
along with other landowner topics of interest are available for viewing
on the FERC website (www.ferc.gov) under the Natural Gas, Landowner
Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP23-3-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.

Summary of the Proposed Project

    Tres Palacios proposes to expand its certificated natural gas
storage capacity \1\ at its existing natural gas storage facility (the
Storage Facility) in Matagorda County, Texas. The Expansion Project
would add approximately 6.5 billion cubic feet (Bcf) of new working gas
capacity and 3.5 Bcf of base gas at the Storage Facility. According to
Tres Palacios, its project would help satisfy market demand for
incremental natural gas storage in the previously developed area
located near the Storage Facility. Tres Palacios also states the
Expansion Project is needed to provide critical natural gas grid
reliability, and to help reduce price volatility and physical supply
and demand imbalances in the Gulf Coast natural gas market.
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    \1\ September 20, 2007 Order Issuing Certificates in Docket No.
CP07-90-000, et al., as amended on December 14, 2010, in Docket No.
CP10-499-000, on August 10, 2011, in Docket No. CP11-507-000, and on
September 21, 2017, in Docket CP16-145-000.
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    The Expansion Project would consist of the following facilities and
activities:
     Conversion of an existing third-party brine production
well (Trull 11) into a natural gas storage cavern (Cavern 4);
     Development of the Trull 11 well pad site for Cavern 4
(Cavern 4 Well Pad);
     Construction of a 0.6-mile-long, 16-inch-diameter pipeline
(New Cavern 4 Pipeline) connecting Cavern 4 to the existing
certificated facilities at the Storage Facility;
     Abandonment in place of a 15,300 horsepower electric-motor
driven centrifugal compressor unit;
     Installation of a new 5,500 horsepower electric-motor
driven reciprocating compressor unit;
     Addition of a new 2.5 million British thermal units per
hour dehydration unit;
     Construction of various related facilities, including a
new permanent access road for the Cavern 4 Well Pad; and
     Non-jurisdictional facilities consisting of a new electric
service line to the Cavern 4 Well Pad and a new fiber optic line from
the Cavern 4 Well Pad to the Storage Facility.
    The general location of the Expansion Project facilities is shown
in appendix 1.\2\
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    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the proclamation declaring a National
Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact
FERC at [email protected] or call toll free,<PHONE_NUMBER>
or TTY<PHONE_NUMBER>.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 22.3
acres of land. Following construction, Tres Palacios would maintain
about 3.0 acres for permanent operation of the project's facilities;
the remaining acreage would be restored and revert to former uses.
About 31 percent of the proposed pipeline route parallels existing
pipeline, utility, or road rights-of-way. Tres Palacios states that it
has acquired all easements and other land rights needed for the
Expansion Project.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed project under the relevant general resource areas:
     Geology and soils;
     Water resources and wetlands;
     Vegetation and wildlife;
     Threatened and endangered species;
     Cultural resources;
     Land use;
     Environmental justice
     Air quality and noise; and
     Reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an Environmental Assessment (EA) or an Environmental
Impact Statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff will then prepare a draft EIS which
will be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \3\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
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    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\4\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
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    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at title 40, Code of Federal
Regulations, section 1501.8.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\5\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project and includes a mailing address with their
comments. Commission staff will update the environmental mailing list
as the analysis proceeds to ensure that Commission notices related to
this environmental review are sent to all individuals, organizations,
and government entities interested in and/or potentially affected by
the proposed project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP23-3-000 in your request.
If you are requesting a change to your address, please be sure to
include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments. OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: November 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-26093 Filed 11-29-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Notices]
[Pages 63561-63565]
[FR Doc No: 2016-22146]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78796; File No. SR-BatsBZX-2016-55]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.27(b) Regarding the Data Collection Requirements of the
Regulation NMS Plan To Implement a Tick Size Pilot Program

September 9, 2016.
    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 August 26, 2016, Bats BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange has designated this
proposal as a ``non-controversial'' proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)(iii)
thereunder,\4\ which renders it effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Exchange Rule 11.27(b)
regarding the data collection requirements of the Regulation NMS Plan
to Implement a Tick Size Pilot Program (``Plan'').\5\
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    \5\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The text of the proposed rule change is available at the Exchange's
Web site at 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
    On August 25, 2014, the Exchange, and several other self-regulatory
organizations (the ``Participants'') filed with the Commission,
pursuant to Section 11A of the Act \6\ and Rule 608 of Regulation NMS
thereunder,\7\ the Plan to Implement a Tick Size Pilot Program (the
``Plan'').\8\ The Participants filed the Plan to comply with an order
issued by the Commission on June 24, 2014.\9\ The Plan was published
for comment in the Federal Register on November 7, 2014, and approved
by the Commission, as modified, on May 6, 2015.\10\
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    \6\ 15 U.S.C. 78k-1.
    \7\ 17 CFR 242.608.
    \8\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \9\ See Securities Exchange Act Release No. 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \10\ See Securities Exchange Act Release No. 74892 (May 6,
2015), 80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. Each Participant is required to comply, and
to enforce compliance by its member organizations, as applicable, with
the provisions of the Plan.
    The Plan provides for the creation of a group of Pilot Securities,
which shall be placed in a control group and three separate test
groups, with each subject to varying quoting and trading increments.
Pilot Securities in the control group will be quoted at the current
tick size increment of $0.01 per share and will trade at the currently
permitted increments. Pilot Securities in the first test group will be
quoted in $0.05 minimum increments but will continue to trade at any
price increment that is currently permitted.\11\ Pilot Securities in
the second test group (``Test Group Two'') will be quoted in $0.05
minimum increments and will trade at $0.05 minimum increments subject
to a midpoint exception, a retail investor order exception, and a
negotiated trade exception.\12\ Pilot Securities in the third test
group (``Test Group Three'') will be subject to the same quoting and
trading increments as Test Group Two, and also will be subject to the
``Trade-at'' requirement to prevent price matching by a market
participant that is not displaying at the price of a Trading Center's
``Best Protected Bid'' or ``Best Protected Offer,'' unless an
enumerated exception applies.\13\ In addition to the exceptions
provided under Test Group Two, an exception for Block Size orders and
exceptions that mirror those under Rule 611 of Regulation NMS \14\ will
apply to the Trade-at requirement.
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    \11\ See Section VI(B) of the Plan.
    \12\ See Section VI(C) of the Plan.
    \13\ See Section VI(D) of the Plan.
    \14\ 17 CFR 242.611.
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    The Plan also requires a Trading Center \15\ or a Market Maker \16\
to collect and transmit certain data to its designated examining
authority (``DEA''), and requires DEAs to transmit this data to the
Commission. Participants that operate a Trading Center also are
required under the Plan to collect certain data, which is then
transmitted directly to the Commission. With respect to Trading
Centers, Appendix B.I to the Plan (Market Quality Statistics) requires
a Trading Center to submit to the Participant that is its DEA a variety
of market quality statistics. Appendix B.II to the Plan (Market and
Marketable Limit Order Data) requires a Trading Center to submit
information to its DEA relating to market orders and marketable limit
orders, including the time of order receipt, order type, the order
size, and the National Best Bid and National Best Offer quoted price.
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    \15\ The Plan incorporates the definition of a ``Trading
Center'' from Rule 600(b)(78) of Regulation NMS. Regulation NMS
defines a ``Trading Center'' as ``a national securities exchange or
national securities association that operates an SRO trading
facility, an alternative trading system, an exchange market maker,
an OTC market maker, or any other broker or dealer that executes
orders internally by trading as principal or crossing orders as
agent.'' See 17 CFR 242.600(b).
    \16\ The Plan defines a Market Maker as ``a dealer registered
with any self-regulatory organization, in accordance with the rules
thereof, as (i) a market maker or (ii) a liquidity provider with an
obligation to maintain continuous, two-sided trading interest.''
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    With respect to Market Makers, Appendix B.III requires a
Participant that is a national securities exchange to collect daily
Market Maker Registration statistics. Appendix B.IV requires a
Participant to collect data related to Market Maker participation with
respect to each Market Maker engaging in trading activity on a Trading
Center operated by the Participant. Appendix C.I requires a Participant
to collect data related to Market Maker profitability from each Market
Maker for which it is the DEA. Appendix C.II requires the Participant,
as DEA, to aggregate the Appendix C.I data, and to transmit this data
to the Commission.
    The Commission approved the Pilot on a two-year basis, with
implementation to begin no later than May 6, 2016.\17\ On November 6,
2015, the SEC exempted the Participants from implementing the pilot
until October 3, 2016.\18\ As set forth in Appendices B and C to the
Plan, data that is reported pursuant to the appendices shall be
provided for dates starting six months prior to the Pilot Period
through six months after the end of the Pilot Period. Under the revised
Pilot implementation date, the Pre-Pilot data collection period
commenced on April 4, 2016.
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    \17\ See Approval Order at 27533 and 27545.
    \18\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015) (File No. 4-657).
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    On November 13, 2015, the Exchange filed with the Commission a
proposed rule change to adopt Exchange Rule 11.27(b) to implement the
data collection requirements of the Plan.\19\ On December 9, 2015,
FINRA, on behalf of the Plan Participants, submitted an exemptive
request to the Commission, seeking an exemption from certain data
collection and reporting requirements set forth in the Plan.\20\ On
February 10,

2016, the Commission approved the Exchange's rule change, as amended,
to implement the data collection requirements of the Plan, and also
granted exemptive relief from complying with certain data collection
and reporting requirements in the Plan.\21\
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    \19\ See Securities Exchange Act Release No. 76524 (November 19,
2015), 80 FR 75141 (November 25, 2015) (Notice of Filing of File No.
SR-BATS-2015-102).
    The Exchange also submitted a proposed rule change to implement
the quoting and trading requirements of the Plan. See Securities
Exchange Act Release No. 76552 (December 3, 2015), 80 FR 76591
(December 9, 2015) (Notice of Filing of File No. SR-BATS-2015-108).
The Commission approved that proposal on February 23, 2016. See
Securities Exchange Act Release No. 77291 (March 3, 2016), 81 FR
12543 (March 9, 2016) (Order Approving File No. SR-BATS-2015-108).
    \20\ See letter from Marcia E. Asquith, Senior Vice President
and Corporate Secretary, FINRA dated December 9, 2015 to Robert W.
Errett, Deputy Secretary, Commission (``Exemption Request''). The
Commission, pursuant to its authority under Rule 608(e) of
Regulation NMS, granted the Exchange a limited exemption from the
requirement to comply with certain provisions of the Plan as
specified in the letter and noted herein. See letter from David
Shillman, Associate Director, Division of Trading and Markets,
Commission to Eric Swanson, General Counsel, the Exchange, dated
February 10, 2016 (``Exemption Letter'').
    \21\ See Securities Exchange Act No. 77105 (February 10, 2016),
81 FR 8112 (February 17, 2016) (Order Approving File No. SR-BATS-
2015-102); see letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Eric Swanson,
Executive Vice President, General Counsel and, the Exchange, dated
February 10, 2016.
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    The Exchange now proposes to further amend Rule 11.27(b) to modify
additional data collection and reporting requirements.\22\ First,
Appendix B.I.a(21) through B.I.a(27) currently requires that Trading
Centers report the cumulative number of shares of cancelled orders
during a specified duration of time after receipt of the order that was
cancelled. The Exchange and the other Participants believe that, for
purposes of reporting cancelled orders, it is appropriate to categorize
unexecuted Immediate or Cancel orders separately as one bucket
irrespective of the duration of time after order receipt, i.e., without
a time increment, to better differentiate orders cancelled subsequent
to entry from those where the customer's intent prior to order entry
was to cancel the order if no execution could be immediately obtained.
The Exchange, therefore, proposes to modify Supplementary Material
[sic].04 to provide that unexecuted Immediate or Cancel orders shall be
categorized separately for purposes of Appendix B.I.a(21) through
B.I.a(27).
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    \22\ The Exchange notes that, in connection with this proposed
rule change, FINRA, on behalf of the Plan Participants, intends to
file an exemptive request seeking relief from certain of the Plan's
data collection requirements.
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    The second change relates to the reporting of daily market quality
statistics pursuant to Appendix B.I. Currently, Appendix B.I sets forth
categories of orders, including market orders, marketable limit orders,
and inside-the-quote resting limit orders, for which daily market
quality statistics must be reported. The Exchange and the other
Participants have determined that it is appropriate to include an order
type for limit orders priced more than $0.10 away from the NBBO for
purposes of Appendix B reporting. The Exchange therefore proposes to
amend Supplementary Material [sic].06 to provide that limit orders
priced more than $0.10 away from the NBBO shall be included as an order
type for purposes of Appendix B reporting, and shall be assigned the
number (22). These orders are not currently required to be reported
pursuant to Appendix B, and The Exchange and the other Participants
believe that requiring the reporting of such orders will produce a more
comprehensive data set.
    The third change relates to the reporting of market quality
statistics pursuant to Appendix B.I for a variety of order types,
including inside-the-quote resting limit orders (12), at-the-quote
resting limit orders (13), and near-the-quote resting limit orders
(within $0.10 of the NBBO) (14). The Exchange and the other
Participants believe that it is appropriate to require Trading Centers
to report all orders that fall within these categories, and not just
those orders that are ``resting.'' The Exchange, therefore, proposes to
amend Supplementary Material .[sic]06 to make this change.
    In the fourth change, the Exchange proposes to add new
Supplementary Material [sic].09 to modify the manner in which market
maker participation statistics are calculated. Currently, Appendix B.IV
provides that market maker participation statistics shall be calculated
based on share participation, trade participation, cross-quote share
(trade) participation, inside-the-quote share (trade) participation,
at-the-quote share (trade) participation, and outside-the-quote share
(trade) participation. The Exchange and the other Participants have
determined that it is appropriate to add the count of the number of
Market Makers used in the calculation of share (trade) participation to
each category. The Exchange is therefore proposing this change as part
of Supplementary Material [sic].09. In addition, Appendix B.IV(b) and
(c) currently require that, when aggregating across Market Makers,
share participation and trade participation shall be calculated using
the share-weighted average and trade-weighted average, respectively.
The Exchange and the other Participants believe that it is more
appropriate to calculate share and trade participation by providing the
total count of shares or trades, as applicable, rather than weighted
averages, and the Exchange is therefore proposing this change as part
of Supplementary Material [sic].09.
    The fifth change relates to the NBBO that a Trading Center is
required to use when performing certain quote-related calculations.
When calculating cross-quote share (trade) participation pursuant to
Appendix B.IV(d) and inside-the-quote share (trade) participation
pursuant to Appendix B.IV(e), the Plan requires the Trading Center to
utilize the NBBO at the time of the trade for both share and trade
participation calculations. When calculating at-the-quote share (trade)
participation and outside-the-quote share (trade) participation
pursuant to Appendix B.IV(f) and (g), the Plan allows the Trading
Center to utilize the National Best Bid or National Best Offer (NBBO)
at the time of or immediately before the trade for both share and trade
participation calculations. The Exchange and the other Participants
believe that it is appropriate to calculate all quote participation
(cross-quote share (trade) participation, inside-the-quote share
(trade) participation, at-the-quote share (trade) participation and
outside-the-quote share (trade) participation) solely by reference to
the NBBO in effect immediately prior to the trade. The Exchange
therefore proposes to make this change as part of Supplementary
Material [sic].09.
    Finally, the Exchange proposes to change the end date until which
the Pre-Pilot Data Collection Securities shall be used to fulfill the
Plan's data collection requirements. Currently, Supplementary Material
[sic].10 provides that Pre-Pilot Data Collection Securities are the
securities designated by the Participants for purposes of the data
collection requirements described in Items I, II and IV of Appendix B
and Item I of Appendix C to the Plan for the period beginning six
months prior to the Pilot Period and ending on the trading day
immediately preceding the Pilot Period. The Exchange and the other
Participants believe that it is appropriate to use the Pilot Securities
to satisfy the Plan's data collection requirements prior to the
commencement of the Pilot. According, the Exchange is revising
Supplementary Material [sic].10 (which will be re-numbered as
Supplementary Material [sic].11) to provide that the Pre-Pilot Data
Collection Securities shall be used to satisfy the Plan's data
collection requirements through thirty-one days prior to the Pilot
Period, after which time the Pilot Securities shall be used for
purposes of the data collection requirements.\23\
---------------------------------------------------------------------------

    \23\ After regular trading hours on September 2, 2016, the
national securities exchanges will establish which securities will
be included as Pilot Securities for purposes of the Plan. The
Exchange and the other Participants have determined that members
should use the Pilot Securities list for data collection purposes
once it becomes available. Thus, the proposed rule change requires
that, beginning thirty days prior to the first day of the Pilot
Period--i.e., September 3, 2016--the Exchange and the Exchange
members will comply with the data collection obligations of the Plan
by collecting data on the Pilot Securities. As a result, beginning
on September 3, 2016, members must migrate from using the Exchange's
published Pre-Pilot Data Collection Security list and begin using
the Pilot Securities list. September 2, 2016 will be the last day
that members use the Pre-Pilot Data Collection Security list.

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

    As noted in Item 2 of this filing, the Exchange has filed the
proposed rule change for immediate effectiveness. The Exchange has
requested that the SEC waive the 30-day operative period so that the
proposed rule change can become operative on August 30, 2016.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \24\ in general, and furthers the objectives of Section
6(b)(5) of the Act \25\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposal is consistent with the Act
because it implements and clarifies the provisions of the Plan, and is
designed to assist the Exchange in meeting its regulatory obligations
pursuant of the Plan. In approving the Plan, the SEC noted that the
Pilot was an appropriate, data-driven test that was designed to
evaluate the impact of a wider tick size on trading, liquidity, and the
market quality of securities of smaller capitalization companies, and
was therefore in furtherance of the purposes of the Act. The Exchange
believes that this proposal is in furtherance of the objectives of the
Plan, as identified by the SEC, and is therefore consistent with the
Act because the proposal implements and clarifies the requirements of
the Plan and applies specific obligations to Members in furtherance of
compliance with the Plan.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Exchange in
meeting its regulatory obligations pursuant to the Plan. The Exchange
also notes that, other than the change to require use of the Pilot
Securities beginning thirty days prior to the beginning of the Pilot
Period, the proposed changes will not affect the data collection and
reporting requirements for members that operate Trading Centers; the
proposed changes will only affect how the Exchange and Participants
that operate Trading Centers collect and report data. The Exchange
notes that, with respect to the change to require the use of the Pilot
Securities beginning thirty days prior to the start of the Pilot
Period, the proposed change reduces the number of securities on which
affected members otherwise would have been required to collect data
pursuant to the Plan and Exchange Rule 11.27(b). In addition, the
proposed rule change applies equally to all similarly situated members.
Therefore, the Exchange does not believe that the proposed rule change
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor 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) of the Act \26\ and Rule 19b-4(f)(6) \27\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \28\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\29\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that so that the
proposed rule change can become operative on August 30, 2016.
---------------------------------------------------------------------------

    \28\ 17 CFR 240.19b-4(f)(6).
    \29\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement the proposed rules
immediately thereby preventing delays in the implementation of the
Plan. The Commission notes that the Plan is scheduled to start on
October 3, 2016. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change to be operative
upon filing with the Commission.\30\
---------------------------------------------------------------------------

    \30\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\31\
---------------------------------------------------------------------------

    \31\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsBZX-2016-55 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2016-55. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be

available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BatsBZX-2016-55 and should be submitted on or before
October 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-22146 Filed 9-14-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67454-67459]
[FR Doc No: 2013-26877]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0170]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 43 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before December 12, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0170 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 43 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Dennis S. Anderson

    Mr. Anderson, age 45, has had refractive amblyopia in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, 20/250. Following an examination in 2013, his optometrist
noted, ``Mr. Anderson has adapted to his condition and should be able
to continue to safely operate a commercial motor vehicle.'' Mr.
Anderson reported that he has driven straight trucks for 14 years,
accumulating 254,800 miles, and tractor-trailer combinations for 14
years, accumulating 238,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Minnesota. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Calvin J. Barbour

    Mr. Barbour, 49, has had a central retinal vein occlusion in his
left eye since 2005. The visual acuity in his right eye is 20/20, and
in his left eye, 20/400. Following an examination in 2013, his
ophthalmologist noted, ``In my opinion has sufficient visual function
to drive a commercial vehicle.'' Mr. Barbour reported that he has
driven tractor-trailer combinations for 17 years, accumulating 1.4
million miles. He holds a Class A CDL from New York. His driving record
for the last 3 years shows one crash, for which he was not cited, and
no convictions for moving violations in a CMV.

Martin D. Bellcour

    Mr. Bellcour, 51, has had a retinal detachment in his right eye
since 1999. The visual acuity in his right eye is 20/60, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my opinion Mr. Bellcour has a stable field defect in the
right eye which has existed since 1999[hellip]The patient should not
have a problem operating a commercial vehicle with outside mirrors''
Mr. Bellcour reported that he has driven straight trucks for 13 years,
accumulating 7,800 miles. He holds a Class BCD CDL from Wisconsin. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Walter A. Breeze

    Mr. Breeze, 45, has had presumed ocular histoplasmosis in his left
eye since 2006. The visual acuity in his right eye is 20/20, and in his
left eye, 20/70. Following an examination in 2013, his optometrist
noted, ``In my

medical opinion, Walter Breeze has sufficient vision to perform driving
tasks to operate a commercial motor vehicle.'' Mr. Breeze reported that
he has driven straight trucks for 27 years, accumulating 2.7 million
miles. He holds a Class B CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Joseph A. Burdey

    Mr. Burdey, 56, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2013, his optometrist noted, ``I certify
that Mr. Burdey has sufficient vision to perform the driving tasks
requires [sic] to operate a commercial vehicle.'' Mr. Burdey reported
that he has driven straight trucks for 36 years, accumulating 2 million
miles. He holds a Class B CDL from New Jersey. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Donald G. Carstensen

    Mr. Carstensen, 52, has had a prosthetic left eye since 1995. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2013, his ophthalmologist
noted, ``As long as his visual field measurements meet your
requirements, I do believe he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr.
Carstensen reported that he has driven tractor-trailer combinations for
29 years, accumulating 1.8 million miles. He holds a Class A CDL from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Jamie D. Daniels

    Mr. Daniels, 40, has had an aphakic left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, light
perception. Following an examination in 2013, his optometrist noted,
``His visual condition is stable and he should be able to perform the
driving tasks for commercial vehicles.'' Mr. Daniels reported that he
has driven straight trucks for 3 years, accumulating 30,000 miles. He
holds a Class A CDL from Iowa. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

James A. Esposito, Jr.

    Mr. Esposito, 54, has corneal scarring in his left eye due to a
traumatic incident in 1973. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2013, his
optometrist noted, ``I certify that, in my medical opinion, this
patient has sufficient vision to operate a commercial motor vehicle.''
Mr. Esposito reported that he has driven straight trucks for 16 years,
accumulating 100,800 miles. He holds a Class BM CDL from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Mark A. Farnsley

    Mr. Farnsley, 52, has had refractive amblyopia in his right eye
since childhood. The visual acuity in his right eye is 20/100, and in
his left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my opinion Mark has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Farnsley
reported that he has driven straight trucks for 31 years, accumulating
310,000 miles, and tractor-trailer combinations for 30 years,
accumulating 150,000 miles. He holds a Class A CDL from Indiana. His
driving record for the last 3 years shows one crash, for which he was
not cited, and no convictions for moving violations in a CMV.

Michael L. Fiamingo

    Mr. Fiamingo, 59, has a macular hole in his left eye due to a
traumatic incident in 2010. The visual acuity in his right eye is 20/
20, and in his left eye, counting fingers. Following an examination in
2013, his optometrist noted, ``In my medical opinion Michael has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Fiamingo reported that he has driven straight
trucks for 40 year, accumulating 400,000 miles, and tractor-trailer
combinations for 35 years, accumulating 700,000. He holds a Class A CDL
from Pennsylvania. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Kenric J. Fields

    Mr. Fields, 42, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2012, his optometrist noted, ``Kenric
has amblyopia of the left eye; this should not affect his ability to
drive a commercial vehicle.'' Mr. Fields reported that he has driven
straight trucks for 10 years, accumulating 75,000 miles. He holds an
operator's license from Delaware. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Chris L. Granby

    Mr. Granby, 31, has had a stage IV macular hole in his left eye
since 2000. The visual acuity in his right eye is 20/20, and in his
left eye, 20/100. Following an examination in 2013, his optometrist
noted, ``In my medical opinion, I feel the central area of Chris's
[sic] visual field loss of his left eye has no detrimental effect on
his peripheral detection of merging traffic, oncoming vehicles at
intersections, etc. The loss of acuity and field at the point of
fixation is compensated for by his healthy right eye. As of this
examination, I feel Mr. Granby has sufficient vision to operate a
vehicle. I do however recommend that he be required to have a yearly
dilated fundus evaluation. This is warranted by the medically accepted
macular hole evaluation interval of one year, the very small risk of
progression, and the added safety concern with commercial vehicle
operation.'' Mr. Granby reported that he has driven straight trucks for
4 years, accumulating 140,000 miles, and tractor-trailer combinations
for 5 years, accumulating 75,000 miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV; he exceeded the speed
limit by 5 mph.

Dustin K. Heimbach

    Mr. Heimbach, 27, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In my
opinion, Dustin Heimbach has sufficient vision to operate a commercial
vehicle.'' Mr. Heimbach reported that he has driven straight trucks for
4 years, accumulating 1.2 million miles, and tractor-trailer
combinations for 4 months, accumulating 1500 miles. He holds a Class A
CDL from Pennsylvania. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Randall Hjelmtveit

    Mr. Hjelmtveit, 60, has had refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/150. Following an examination in 2013, his optometrist
noted, ``In my opinion, Mr. Hjelmtveit can safely have a CDL and
operate a motor vehicle as he has over the last 30+ years.'' Mr.
Hjelmtveit reported that he has driven tractor-trailer combinations for
31 years, accumulating 2.2 million miles. He

holds a Class A CDL from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Robert W. Horner

    Mr. Horner, 52, has complete loss of vision in his right eye due to
a traumatic incident in 1979. The visual acuity in his right eye is no
light perceptions, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``It is my opinion that he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Horner reported that he has driven straight
trucks for 25 years, accumulating 1 million miles. He holds a Class B
CDL from Ohio. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Abdelhamid S. Jaafreh

    Mr. Jaafreh, 34, has complete loss of vision in his right eye due
to a traumatic incident during childhood. The visual acuity in his
right eye is counting fingers, and in his left eye, 20/20. Following an
examination in 2013, his optometrist noted, ``Mr. Jaafreh has permanent
damage to OD due to an accident at age 17 . . . He can operate a
commercial vehicle with proper caution for field of vision.'' Mr.
Jaafreh reported that he has driven straight trucks for 3 years,
accumulating 66,000 miles. He holds an operator's license from Ohio.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Leonard R. Jackson

    Mr. Jackson, 79, has had macular degeneration in his left eye since
2006. The visual acuity in his right eye is 20/20, and in his left eye,
20/200. Following an examination in 2013, his optometrist noted, ``It
is our medical opinion that with a full visual field and a perfectly
normal 20/20 visual acuity in the right eye that Mr. Jackson is able to
operate a commercial vehicle without restriction.'' Mr. Jackson
reported that he has driven straight trucks for 63 years, accumulating
756,000 miles. He holds a Class B CDL from Indiana. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Randy G. Kinney

    Mr. Kinney, 47, has had anisometropic amblyopia in his right eye
since birth. The visual acuity in his right eye is 20/150, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``I feel Randy has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kinney reported
that he has driven straight trucks for 4 years, accumulating 2,400
miles. He holds a Class B CDL from Illinois. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Ronnie R. Lockamy

    Mr. Lockamy, 42, has had complete loss of vision in his right eye
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``Mr. Lockamy has had this visual deficiency in his
right eye all his life. This deficiency is stable, and he appears to
have sufficient visual skills to operate a commercial vehicle.'' Mr.
Lockamy reported that he has driven straight trucks for 10 years,
accumulating 8 million miles, and tractor-trailer combinations for 14
years, accumulating 3.9 million miles. He holds a Class A CDL from
North Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Hector Marquez

    Mr. Marquez, 41, has a macular hole in his left eye due to a
traumatic injury in 2008. The visual acuity in his right eye is 20/20,
and in his left eye, 20/70. Following an examination in 2013, his
optometrist noted, ``It is in my professional opinion that Mr. Marquez
can operate a commercial vehicle.'' Mr. Marquez reported that he has
driven tractor-trailer combinations for 12 years, accumulating 2
million miles. He holds a Class A CDL from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Leonard A. Martin

    Mr. Martin, 51, has retinal damage in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/200, and in his left eye, 20/20. Following an examination in
2013, his ophthalmologist noted, ``Visual field testing revealed a full
field of vision in the left eye . . . Mr. Martin is safe to drive a
motor vehicle.'' Mr. Martin reported that he has driven straight trucks
for 12 years, accumulating 240,000 miles, tractor-trailer combinations
for 1.5 years, accumulating 15,000 miles, and buses for 3 years,
accumulating 30,000 miles. He holds a Class A CDL from Nevada. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Dennis R. Martinez

    Mr. Martinez, 56, has a retinal hole in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, 20/200. Following an examination in
2013, his optometrist noted, ``In my medical opinion Denis [sic] has
sufficient vision to perform the tasks required to safely operate a
commercial vehicle.'' Mr. Martinez reported that he has driven straight
trucks for 8 years, accumulating 288,000 miles. He holds a Class A CDL
from New Mexico. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Jeffrey D. McGill

    Mr. McGill, 57, has amblyopia in his right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is 20/
100, and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted, ``In my medical opinion Mr. McGill has sufficient
vision to perform the driving tasks of a commercial vehicle.'' Mr.
McGill reported that he has driven straight trucks for 35 years,
accumulating 280,000 miles, and tractor-trailer combinations for 3
years, accumulating 6,000 miles. He holds a Class A CDL from Illinois.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Fred A. Miller, Jr.

    Mr. Miller, 58, has a prosthetic right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``I believe he has sufficient vision
required to operate a commercial vehicle effectively.'' Mr. Miller
reported that he has driven straight trucks for 14 years, accumulating
364,000 miles. He holds an operator's license from California. His
driving record for the last 3 years shows one crash, for which he was
not cited, and no convictions for moving violations in a CMV.

Joseph K. Parley

    Mr. Parley, 64, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/50.
Following an examination in 2013, his optometrist noted, ``Joseph has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Parley reported that he has driven tractor-
trailer combinations for

40 years, accumulating 4 million miles. He holds a Class ABCD CDL from
Wisconsin. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Robert L. Pearson

    Mr. Pearson, 48, has had optic nerve staphyloma in his right eye
since birth. The visual acuity in his right eye is hand motion, and in
his left eye, 20/20. Following an examination in 2013, his
ophthalmologist noted that, in his opinion, Mr. Pearson does have
sufficient vision to operate a commercial motor vehicle safely. Mr.
Pearson reported that he has driven straight trucks for 3 years,
accumulating 75,000 miles. He holds an operator's license from Georgia.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Andres Regalado

    Mr. Regalado, 36, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2013, his optometrist noted,
``In my opinion, Andres Regalado does have sufficient vision to perform
driving tasks required to operate a commercial vehicle when combined
with good defensive driving skills of turning his head before changing
lanes and utilizing side mirrors.'' Mr. Regalado reported that he has
driven tractor-trailer combinations for 3 years, accumulating 60,000
miles. He holds a Class A CDL from California. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Riland O. Richardson

    Mr. Richardson, 35, has had a prosthetic left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, no
light perception. Following an examination in 2013, his optometrist
noted that, in his opinion, Mr. Richardson does have sufficient vision
to operate a commercial motor vehicle safely. Mr. Richardson reported
that he has driven tractor-trailer combinations for 11 years,
accumulating 825,000 miles. He holds a Class A CDL from Florida. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Thenon D. Ridley

    Mr. Ridley, 38, has had longstanding peripheral retinal
degeneration in his right eye since childhood. The visual acuity in his
right eye is counting fingers, and in his left eye, 20/20. Following an
examination in 2013, his optometrist noted, ``Although he does not have
at least 70 degrees in the horizontal meridian of the right eye, since
patient's condition is longstanding, has a history of driving
commercial vehicles, and able to adapt monocularly to his surroundings,
patient seems fit to continue to drive.'' Mr. Ridley reported that he
has driven straight trucks for 4 years, accumulating 134,400 miles, and
tractor-trailer combinations for 9 years, accumulating 518,400 miles.
He holds a Class A CDL from Texas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Ryan R. Ross

    Mr. Ross, 30, has complete loss of vision in his right eye due to a
traumatic incident in 2008. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``In my opinion he has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Ross reported that he has driven straight trucks for 4
years, accumulating 160,000 miles, and tractor-trailer combinations for
1 year, accumulating 1,000 miles. He holds an operator's license from
South Carolina. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Troy M. Ruhlman

    Mr. Ruhlman, 51, has a prosthetic right eye due to a traumatic
incident prior to 1998. The visual acuity in his right eye is no light
perception, and in his left eye, 20/15. Following an examination in
2013, his optometrist noted, ``There is no reason that Mr. Ruhlman
should have any visual problems while operating a commercial vehicle.''
Mr. Ruhlman reported that he has driven tractor-trailer combinations
for 25 years, accumulating 625,000 miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Ricky E. Rumfield

    Mr. Rumfield, 51, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2013, his optometrist noted,
``My professional, medical opinion remains that Mr. Rumfield has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Rumfield reported that he has driven straight
trucks for 2 days, accumulating 1,030 miles, and buses for 3.8 years,
accumulating 91,200 miles. He holds a Class B CDL from Texas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Ermanno M. Santucci

    Mr. Santucci, 35, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted that Mr. Santucci does not have any visual defects or field loss
that would affect the safe operation of a commercial motor vehicle. Mr.
Santucci reported that he has driven straight trucks for 4 years,
accumulating 100,000 miles. He holds a Class B CDL from Illinois. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Dennis M. Schwartzentruber

    Mr. Schwartzentruber, 56, has had wet macular degeneration in his
left eye since 2009. The visual acuity in his right eye is 20/20, and
in his left eye, 20/80. Following an examination in 2013, his
ophthalmologist noted, ``Patient in my opinion would pass for Ohio
driver's license and also intrastate commercial vehicle license with
the above limitations being noted.'' Mr. Schwartzentruber reported that
he has driven straight trucks for 5 years, accumulating 550,000 miles,
and tractor-trailer combinations for 3 months, accumulating 3,000
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Tigran Semerjyan

    Mr. Semerjyan, 40, has an enucleated right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his ophthalmologist noted that Mr. Semerjyan does not have any
visual defect or visual field loss that would affect the safe operation
of a commercial motor vehicle. Mr. Semerjyan reported that he has
driven tractor-trailer combinations for 13 years, accumulating 1.2
million miles. He holds a Class A CDL from California. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Roger H. Sick

    Mr. Sick, 74, has had a amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/150.
Following an examination in 2013, his optometrist noted, ``In my
medical opinion Roger Sick definitely has the visual skills to allow
him to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Sick reported that he has driven straight trucks for 3
years, accumulating 120,000 miles, and tractor-trailer combinations for
52 years, accumulating 4.7 million miles. He holds a Class A CDL from
New York. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Martina B. Talbott

    Ms. Talbott, 52, has had amblyopia in her left eye since birth. The
visual acuity in her right eye is 20/20, and in her left eye, 20/70.
Following an examination in 2013, her optometrist noted, ``In
conclusion, due to the visual deficiency this patient has in her left
eye, when she has both eyes open, the patient is largely using only the
right eye. This is demonstrated by her poor stereopsis, or depth
perception. Therefore, this patient is just as visually competent to
operate a commercial motor vehicle as a monocular patient.'' Ms.
Talbott reported that she has driven tractor-trailer combinations for 4
years, accumulating 368,006 miles. She holds a Class A CDL from Iowa.
Her driving record for the last 3 years shows no crashes and one
conviction for a moving violation in a CMV; she failed to obey a
traffic sign/signal.

Kirk A. Thelen

    Mr. Thelen, 54, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2013, his optometrist noted, ``I
certify in my medical opinion that Mr. Thelen has sufficient vision to
perform the driving test to operate a commercial vehicle.'' Mr. Thelen
reported that he has driven tractor-trailer combinations for 31.5
years, accumulating 1.7 million miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Nicholas J. Vance

    Mr. Vance, 35, has complete loss of vision in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/20, and in his left eye, no light perception. Following an
examination in 2013, his optometrist noted, ``My patient, Nicholas J.
Vance, in my medical opinion has the required vision in one eye to
legally obtain his commercial driver's license, which will allow him to
operate a commercial vehicle.'' Mr. Vance reported that he has driven
straight trucks for 2 years, accumulating 10,000 miles. He holds a
Class B CDL from Ohio. His driving record for the last 3 years shows no
crashes and one conviction for a moving violation in a CMV; he exceeded
the speed limit by 12 mph.

Hershel D. Volentine

    Mr. Volentine, 53, has a prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2013, his ophthalmologist
noted, ``In my medical opinion, the patient has excellent vision in the
right eye with a mild prescription for glasses and should have no
problems in operating a commercial vehicle.'' Mr. Volentine reported
that he has driven straight trucks for 15 years, accumulating 300,000
miles, and buses for 1 year, accumulating 10,000 miles. He holds a
chauffer's license from Louisiana. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Gary D. Vollersten

    Mr. Vollersten, 70, has a prosthetic right eye due to a traumatic
incident during childhood. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2013, his ophthalmologist noted, ``He has sufficient vision to
operate a commercial vehicle.'' Mr. Vollersten reported that he has
driven straight trucks for 52 years, accumulating 780,000 miles, and
tractor-trailer combinations for 15 years, accumulating 300,000 miles.
He holds a Class A CDL from Colorado. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

David R. Webb, Jr.

    Mr. Webb, 48, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/60, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``His
visual condition is stable and he should be able to perform the driving
tasks for commercial vehicles.'' Mr. Webb reported that he has driven
straight trucks for 15 years, accumulating 937,500 miles. He holds an
operator's license from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Wesley A. Willis

    Mr. Willis, 48, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/200, and in his left eye, 20/20.
Following an examination in 2013, his optometrist noted, ``As long as
patient wears corrective lenses to operate a commerciasl [sic] motor
vehicle he has sufficient vision to perform driving tasks.'' Mr. Willis
reported that he has driven straight trucks for 7 years, accumulating
320,999 miles, and buses for 3 years, accumulating 97,998 miles. He
holds a Class B CDL from New Jersey. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business December 12, 2013. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2013-0170 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and

provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2013-0170 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

     Issued on: November 1, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-26877 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48926-48927]
[FR Doc No: 2013-19451]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Request To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Intent To Rule on Request To Release Airport Property
at the Ottumwa Regional Airport (OTM), Ottumwa, Iowa.

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SUMMARY: The FAA proposes to rule and invites public comment on the
release of land, Lot 14, at the Ottumwa Regional Airport,
Ottumwa, Iowa, under the provisions of 49 U.S.C. 47107(h)(2).

DATES: Comments must be received on or before September 11, 2013.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to: Tom Francis, Airport Manager, C/O Ottumwa
Regional Airport 14802 Terminal St. Ottumwa, IA 50501,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lynn D. Martin, Airports Compliance
Specialist, Federal Aviation Administration, Airports Division, ACE-
610C, 901 Locust Room 364, Kansas City, MO 64106,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    The request to release property may be reviewed, by appointment, in
person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release approximately 0.68 acres of airport property, Lot
14, at the Ottumwa Regional Airport (OTM) under the provisions
of 49 U.S.C. 47107(h)(2). On January 2, 2013, the Airport Manager at
the Ottumwa Regional Airport requested from the FAA that approximately
0.68 acres of property, Lot 14, be released for sale to Al-Jon
for use as a light manufacturing operation. On July 16, 2013, the FAA
determined that the request to release property at the Ottumwa Regional
Airport (OTM) submitted by the Sponsor meets the procedural
requirements of the Federal Aviation Administration and the release of
the property does not and will not impact future aviation needs at the
airport. The FAA may approve the request, in whole or in part, no
sooner than thirty days after the publication of this Notice.
    The following is a brief overview of the request:
    Ottumwa Regional Airport (OTM) is proposing the release of one
parcel, Lot 14, containing 0.68 acres, more or less. The
release of land is necessary to comply with Federal Aviation
Administration Grant Assurances that do not allow federally acquired
airport property to be used for non-aviation purposes. The sale of the
subject property will result in the land at the Ottumwa Regional
Airport (OTM) being changed from aeronautical to non-aeronautical use
and release the lands from the conditions of the Airport Improvement
Program Grant Agreement Grant Assurances. In accordance with 49 U.S.C.
47107(c)(2)(B)(i) and (iii), the airport will receive fair market value
for the property, which will be subsequently reinvested in another
eligible airport improvement project for general aviation facilities at
the Ottumwa Regional Airport.
    Any person may inspect, by appointment, the request in person at
the FAA office listed above under FOR FURTHER INFORMATION CONTACT. In
addition, any person may, upon appointment and request, inspect the
application, notice and other documents determined by the FAA to be
related to the application in person at the Ottumwa Regional Airport.

    Issued in Kansas City, MO on July 30, 2013.
Rodney N. Joel,
Acting Manager, Airports Division.
[FR Doc. 2013-19451 Filed 8-9-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51310-51311]
[FR Doc No: 2023-16587]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-OAR-2023-0302; FRL-11045-01-R3]

Adequacy Status of Motor Vehicle Emissions Budgets for the
Baltimore 2015 8-Hour Ozone Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, the Environmental Protection Agency (EPA) is
notifying the public that it has found that the 2023 motor vehicle
emissions budgets (MVEBs) for volatile organic compounds (VOCs) and
nitrogen oxides (NOX), submitted by the Maryland Department
of the Environment (MDE) on March 7, 2023, for the 2015 8-hour ozone
national ambient air quality standard (NAAQS), are adequate for
transportation conformity purposes for the Baltimore 2015 8-hour ozone
moderate nonattainment area. As a result of EPA's finding, the State of
Maryland must use the MVEBs from the March 7, 2023, attainment
demonstration for future conformity determinations for the 2015 8-hour
ozone standard.

DATES: The motor vehicle budgets are effective August 18, 2023.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is<PHONE_NUMBER>. Mr. Becoat can also be reached via
electronic mail at [email protected].

ADDRESSES: Publicly available docket materials, identified by EPA-R03-
OAR-2023-0302, are available either electronically through
www.regulations.gov or in hard copy at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m., Monday
through Friday (except Federal Holidays). For further information on
the EPA Docket Center services and the current status, see www.epa.gov/dockets. You may access this Federal Register document electronically
from www.federalregister.gov/documents/current. This finding will also
be available at the EPA's conformity website: www.epa.gov/state-and-local-transportation/conformity-adequacy-review-region-3.

SUPPLEMENTARY INFORMATION: This notice is an announcement of a finding
that EPA has already made. EPA Region 3 sent a letter to MDE on June 1,
2023, stating that the 2023 MVEBs are adequate for transportation
conformity purposes. The transportation conformity rule requires that
EPA conduct a public process and make an affirmative decision on the
adequacy of these budgets before they can be used by metropolitan
planning organizations (MPO) in transportation conformity
determinations.
    As a result of this finding, upon the effective date of this notice
of adequacy, the MPO must use the MVEBs associated with the attainment
demonstration for future transportation conformity determinations. EPA
announced availability of the attainment demonstration and related
MVEBs on the EPA's transportation conformity website on April 3, 2023,
requesting comments by May 3, 2023. EPA received no comments in
response to the adequacy review posting. The MVEBs are provided in
Table 1 in this document.

   Table 1--2023 Motor Vehicle Emission Budgets for the Baltimore Area
                        Attainment Demonstration
------------------------------------------------------------------------
                                                           Mobile source
                                                             emission
                        Pollutant                          budget (tons
                                                             per day)
------------------------------------------------------------------------
VOC.....................................................           17.47
NOX.....................................................           35.26
------------------------------------------------------------------------

    Transportation conformity is required by Clean Air Act section
176(c), 42 U.S.C. 7506(c). EPA's conformity rule requires that long-
range transportation plans, transportation improvement programs, and
transportation projects conform to a state's air quality SIP and
establishes the criteria and procedures for determining whether or not
they conform. Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the NAAQS. See id. at section
7506(c)(1)(B).
    The criteria EPA uses to determine whether a SIP's MVEBs are
adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4).
EPA has described the process for determining the adequacy of submitted
SIP budgets in 40 CFR 93.118(f). Under 40 CFR 93.104(e), within 2 years
of the effective date of this notice, the MPO and the U.S. Department
of Transportation will need to demonstrate conformity to the MVEBs. To
do so, the on-road motor vehicle emissions from implementation of the
long-range transportation plan should be projected consistently with
the MVEBs. Please note that an adequacy review is separate from EPA's
completeness review, and it also should not be used to prejudge EPA's
ultimate approval of the SIP. Even if EPA finds the MVEBs adequate, the
Agency may later determine that the SIP itself is not approvable.

    Authority:  42 U.S.C. 7401-7671q.

Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2023-16587 Filed 8-2-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 15, 2009 (Volume 74, Number 113)]
[Notices]
[Page 28234]
[DOCID:fr15jn09-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-26-000]

Enbridge Pipelines (North Texas) L.P.; Notice of Rate Election
and Revised Statement of Operating Conditions

June 9, 2009.
    Take notice that on June 1, 2009, Enbridge Pipelines (North Texas)
L.P. (EPNT) filed pursuant to section 284.123(e) of the Commission's
regulations, a Statement of Operating Conditions (SOC) to reflect the
implementation of a demand charge for firm service, numerous
housekeeping adjustment, and modifications to its cash out procedure.
In addition, EPNT states it included a statement of rates pursuant to
Notice of Effectiveness of Regulations issued by the Commission on
October 28, 2008 Letter Order in Docket No. RM01-5-000.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, June 15, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14030 Filed 6-12-09; 8:45 am]

BILLING CODE 6717-01-P