[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60094-60097]
[FR Doc No: 2016-20959]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78692; File No. SR-NYSEMKT-2016-81]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Rule 13--
Equities To Eliminate Orders With a Sell ``Plus'' and Buy ``Minus''
Instruction and Retain Orders With a ``Buy Minus Zero Plus''
Instruction, and Make Conforming Changes to Rules 104--Equities, 107B--
Equities, 123C--Equities and 1004--Equities

August 26, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 19, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 13--Equities to eliminate
orders with a sell ``plus'' and buy ``minus'' instruction and retain
orders with a ``Buy Minus Zero Plus'' instruction, and (2) make
conforming changes to Rules 104--Equities, 107B--Equities, 123C--
Equities and 1004--Equities. The proposed rule change is available on
the Exchange's Web site at www.nyse.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 self-regulatory organization
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 those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 13--Equities (``Rule 13'') to
eliminate orders with a sell ``plus'' and buy ``minus'' instruction and
retain orders with a ``Buy Minus Zero Plus'' instruction, and make
conforming changes to Rules 104--Equities (``Rule 104''), 107B--
Equities (``Rule 107B''), 123C--Equities (``Rule 123C'') and 1004--
Equities (``Rule 1004''). The Exchange proposes to eliminate orders
with a sell ``plus'' and buy ``minus'' instruction for all securities
both to streamline its rules and reduce complexity among its order type
offerings.\4\
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    \4\ See, e.g., Mary Jo White, Chair, Securities and Exchange
Commission, Speech at the Sandler O'Neill & Partners, L.P. Global
Exchange and Brokerage Conference (June 5, 2014) (available at
www.sec.gov/News/Speech/Detail/Speech/1370542004312#.U5HI-fmwJiw).
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    Because of the technology changes associated with the proposed rule
change, the Exchange proposes to announce the implementation date of
the elimination of the order types via Trader Update.
Elimination of Sell ``Plus'' and Buy ``Minus'' Order Instructions (Rule
13)
    The Exchange proposes to eliminate, and thus delete from its rules,
sell ``plus'' and buy ``minus'' order instructions, as defined in Rule
13(f)(4)(A) and (B), respectively. Rule 13(f)(4)(B) would also be
amended to retain a ``Buy Minus Zero Plus'' instruction.
    First, the Exchange proposes to eliminate the sell ``plus'' order
instruction. An order with a sell ``plus'' instruction is an order that
will not trade at a price that is lower than the last sale if the last
sale was a ``plus'' or ``zero plus'' tick or that is lower than the
last sale plus the minimum fractional change in the stock if the last
sale was a ``minus'' or ``zero minus'' tick, subject to the limit price
of an order, if applicable.\5\
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    \5\ See Rule 13(f)(4)(A)--Equities.
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    To reflect elimination of the sell ``plus'' order instruction, the
Exchange proposes to delete subsection (f)(4)(A) of Rule 13, which
defines the sell ``plus'' instruction, in its entirety. Subsection
(4)(B) of Rule 13(f), amended as described below, would become new
subsection (4)(A).
    Second, the Exchange proposes to eliminate the buy ``minus'' order
instruction defined in Rule 13(f)(4)(B) and retain the ``Buy Minus Zero
Plus'' order. An order with a buy ``minus'' instruction will not trade
at a price that is higher than the last sale if the last sale was a
``minus'' or ``zero minus'' tick or that is higher than the last sale
minus the minimum fractional change in the stock if the last sale was a
``plus'' or ``zero plus'' tick, subject to the limit price of an order,
if applicable.\6\
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    \6\ See Rule 13(f)(4)(B)--Equities.
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    Exchange rules would continue to permit an order with a ``Buy Minus
Zero Plus'' instruction, which is currently a sub-set of the
instructions available under Rule 13(f)(4)(B). A Buy Minus Zero Plus
order instruction assists member organizations with compliance with the
``safe harbor'' provisions of Rule 10b-18 under the Act (``Rule 10b-
18'') for issuer repurchases.\7\ One of the four provisions required to
meet the safe harbor provision is if the purchase price of a security
does not exceed the highest independent bid or the last independent
transaction price.\8\ Because an order with a Buy Minus Zero Plus
instruction will not trade at a price that is higher than the last
sale, member organizations can use this instruction to facilitate their
compliance with at least one of the conditions of the safe harbor
provision of Rule 10b-18.\9\
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    \7\ See 17 CFR 240.10b-18.
    \8\ See 17 CFR 240.10b-18(b)(3). The other three conditions
relate to time of purchases, volume of purchases, and a requirement
that only one broker or dealer be involved in such repurchases on a
single day.
    \9\ The Exchange does not represent that an order with a Buy
Minus Zero Plus instruction is guaranteed to meet the requirements
of the safe harbor provision of Rule 10b-18; rather, this
instruction is available to member organizations to facilitate their
own compliance with Rule 10b-18.
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    To reflect elimination of the buy ``minus'' order instruction and
retention of the ``Buy Minus Zero Plus'' instruction, the Exchange
proposes to add ``Zero Plus'' after ``buy minus'' in the first sentence
of proposed new Rule 13(f)(4)(A), capitalize ``buy minus,'' and delete
the phrase ``if the last sale was a `minus' or `zero minus' tick or
that is higher than the last sale minus the minimum fractional change
in the stock if the last sale was a ``plus'' or ``zero plus'' tick''
following ``will not trade at a price that is higher than the last
sale.'' As proposed, an order with an instruction to ``Buy Minus Zero
Plus'' would not trade at a price that is higher than the last sale,
subject to the limit price of the order, if applicable.
    The remaining subsections of Rule 13(f)(4) would be amended to
reflect these proposed changes, as follows.

    Current subsection (C) provides that sell ``plus'' and buy
``minus'' instructions are available for Limit Orders, Limit-on-Open
(``LOO'') Orders, Limit-on-Close (``LOC'') Orders, and Market-on-Close
(``MOC'') Orders. Further, the current rule provides that orders with a
buy ``minus'' instruction that are systemically delivered to Exchange
systems will be eligible to be automatically executed in accordance
with, and to the extent provided by, Rules 1000-1004--Equities,
consistent with the order's instructions.
    Current subsection (C) would become subsection (B) and would be
amended to reflect that the ``Buy Minus Zero Plus'' order instruction
would only be available for limit orders. The Exchange would
accordingly amend the first sentence of current subsection (C) to:
     Delete ``sell `plus' and'';
     add ``Zero Plus'' after ``buy minus'' and capitalize ``buy
minus'';
     delete ``LOO Orders, LOC Orders, and MOC Orders''; and
     add the word ``only'' after ``Limit Orders''.
    The second sentence of proposed new subsection (B) would be amended
to:
     Add ``Zero Plus'' after ``buy minus'' and capitalize ``buy
minus''; and
     delete the clause ``or sell `plus' ''.
    Finally, current subsection (D), which provides that odd-lot sized
transactions shall not be considered the last sale for purposes of
executing sell ``plus'' or ``buy'' minus orders would become new
subsection (C) of Rule 13(f)(4). Proposed new subsection (C) would be
amended to:
     Delete the clause ``sell `plus' or'' before ``buy minus'';
and capitalize ``buy minus''; and
     add ``Zero Plus'' after ``buy minus''.
Conforming Amendments
    The Exchange proposes certain conforming amendments to Rules 104,
107B, 123C and 1004 to reflect the elimination of sell ``plus'' and buy
``minus'' instruction as described above as follows.
Rule 104
    The Exchange proposes to amend Rule 104 (Dealings and
Responsibilities of Designated Market Makers (``DMMs'')). Specifically,
Rule 104(b)(vi) provides that DMM units may not enter certain orders
and modifiers including, among others, orders with Sell ``Plus''--Buy
``Minus'' Instructions.
    To conform Rule 104, the Exchange proposes to delete ``Sell
`Plus'--'' and the quotes around the word ``Minus'' from Rule
104(b)(vi) and add the phrase ``Zero Plus'' after ``Minus'' and before
``Instructions.'' As proposed, Rule 104(b)(vi) would provide that DMM
units may not enter orders with Buy Minus Zero Plus Instructions.
Rule 107B
    The Exchange proposes to amend Rule 107B (Supplemental Liquidity
Providers), which sets forth the rules governing Supplemental Liquidity
Providers (``SLPs''). An SLP is an Exchange member organization that
electronically enters proprietary orders or quotes from off the Floor
into the systems and facilities of the Exchange and is obligated, among
other things, to maintain a bid or an offer at the NBB or NBO in each
assigned security in round lots for at least 5% of the trading day, on
average, and for all assigned SLP securities.\10\ Rules 107B(g) sets
forth how the Exchange calculates whether an SLP is meeting its 5%
quoting requirement. Subsection (D)(iii) of Rule 107B(g) provides that
tick sensitive orders such as ```Sell Plus', `Buy Minus' (see Rule 13)
and `Buy Minus Zero Plus''' will not be counted as credit towards the
5% quoting requirement.
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    \10\ See Rule 107B(a)--Equities.
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    To conform Rule 107B, the Exchange proposes to delete the phrase
``Tick sensitive orders (i.e., ``Sell Plus'' and ``Buy Minus'' orders
(see Rule 13) and'' in subsection (D)(iii), add the word ``orders''
following ``Buy Minus Zero Plus,'' and delete a parenthesis and
quotation marks. As amended, Rule 107B(D)(iii) would provide that Buy
Minus Zero Plus orders will not be counted as credit towards the 10%
quoting requirement.
Rule 123C
    The Exchange proposes to amend Rule 123C (The Closing Procedures),
which specifies the procedures to be followed at the close of trading
on the Exchange.
    Rule 123C(4)(a) describes how the Exchange calculates MOC and LOC
imbalances, which is intended to provide market participants with a
snapshot of the prices at which interest eligible to participate in the
closing transaction would be executed in full against each other at the
time the data feed is disseminated. Subsection (vi) of Rule 123C(4)(a)
provides that tick sensitive MOC and LOC interest and LOC orders priced
equal to the last sale can reduce the Buy or Sell Imbalance to bring
the imbalance quantity as close to zero as possible. The Rule also
provides that the volume of tick sensitive MOC and LOC orders eligible
to reduce the imbalance shall not cause the imbalance to change to the
other side.
    Rule 123C(4)(a)(vi)(A) specifies that, in the event of a Buy
Imbalance, only Sell Plus MOC orders, Sell Plus LOC orders priced equal
to or below the last sale price, and Sell and Sell Short LOC orders
priced equal to the last sale will be included to offset the imbalance,
and that Sell Plus MOC and Sell Plus LOC orders will be included to
offset the imbalance only if such orders could be executed consistent
with the terms of their tick restrictions.
    Rule 123C(4)(a)(vi)(B) specifies that, in the event of a Sell
Imbalance, only Buy Minus MOC orders, Buy Minus LOC orders priced equal
to or above the last sale price, and Buy LOC orders priced equal to the
last sale will be included to offset the imbalance. The Rule also
provides that Buy Minus MOC and Buy Minus LOC orders will be included
to offset the imbalance only if such orders could be executed
consistent with the terms of their tick restrictions.
    To reflect the elimination of orders with a sell ``plus''
instruction and buy ``minus'' instructions, i.e., tick-sensitive
orders, and the fact that as proposed, Buy Minus Zero Plus orders would
not be available for MOC or LOC Orders, the Exchange proposes to amend
Rule 123C as follows:
     Amend Rule 123C(4)(a)(vi) to delete the phrase ``tick
sensitive MOC orders and LOC orders and'' before ``LOC orders priced
equal to the last sale to bring the imbalance quantity as close to zero
as possible.'' The Exchange also proposes to delete the last sentence
in Rule 123C(4)(a)(vi), which provides that ``[t]he volume of tick
sensitive MOC and LOC orders eligible to reduce the imbalance shall not
cause the imbalance to change to the other side.''
     Amend Rule 123C(4)(a)(vi)(A) to remove references to Sell
Plus MOC orders and Sell Plus LOC orders priced equal to or below the
last sale price. The Exchange also proposes to delete the last sentence
of the subsection (A), which provides that ``Sell Plus MOC and Sell
Plus LOC orders will be included to offset the imbalance only if such
orders could be executed consistent with the terms of their tick
restrictions.''
     Amend Rule 123C(4)(a)(vi)(B) to remove references to Buy
Minus MOC orders and Buy Minus LOC orders priced equal to or above the
last sale price. The Exchange also proposes to delete the last sentence
of the subsection (B), which provides that ``Buy Minus MOC and Buy
Minus LOC orders will be included to offset the imbalance only if such
orders could be executed consistent with the terms of their tick
restrictions.''

Rule 1004
    Finally, the Exchange proposes to amend Rule 1004 (Election of Buy
Minus, Sell Plus and Stop Orders), which provides that automatic
executions of transactions reported to the Consolidated Tape shall
elect, among others, buy minus and sell plus orders electable at the
price of such executions. The Rule further provides that any buy minus
and sell plus orders so elected shall be automatically executed as
market orders pursuant to Exchange rules.
    To reflect the elimination of orders with a Sell ``Plus'' and Buy
``Minus'' instruction and retention of ``Buy Minus Zero Plus'' orders,
the Exchange proposes to add ``Zero Plus'' after ``buy minus'' in Rule
1004, capitalize ``buy minus,'' and delete the phrase ``and sell plus''
in two places. The Exchange also proposes to capitalize ``market
orders.'' As amended, Rule 1004 would allow for the automatic execution
of Buy Minus Zero Plus orders electable at the price of such
executions.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \11\ of
the Act, in general, and furthers the objectives of Section
6(b)(5),\12\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that eliminating orders with a
sell ``plus'' and buy ``minus'' instruction removes impediments to and
perfects a national market system by simplifying functionality and
complexity of its order types. The Exchange believes that eliminating
these order types across all securities would not be inconsistent with
the public interest and the protection of investors because investors
will not be harmed and in fact would benefit from the removal of
complex functionality.
    The Exchange further believes that deleting corresponding
references in Exchange rules to deleted order types also removes
impediments to and perfects the mechanism of a free and open market by
ensuring that members, regulators and the public can more easily
navigate the Exchange's rulebook and better understand the orders types
available for trading on the Exchange. Removing obsolete cross
references also furthers the goal of transparency and adds clarity to
the Exchange's rules.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but would rather remove
complex functionality and obsolete cross-references, thereby reducing
confusion and making the Exchange's rules easier to understand and
navigate.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2016-81 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2016-81. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2016-81 and should
be submitted on or before September 21, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-20959 Filed 8-30-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Proposed Rules]
[Pages 11912-11914]
[FR Doc No: 2019-06078]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0001]
RIN 1625-AA09

Drawbridge Operation Regulation; Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating schedule that
governs the South Park Highway drawbridge, across the Duwamish Waterway
mile 3.8, at Seattle, WA. Due to infrequent bridge opening requests,
King County, the bridge owner, is requesting to change the current
regulation to reduce the bridge operating costs by eliminating the
nighttime bridge operator, and replace the operator with an as needed
operator. The modified rule would change from opening on-demand to a 12
hour advance notice for a late evening to early morning opening.

DATES: Comments and related material must reach the Coast Guard on or
before April 29, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0001 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Steven Fischer, Thirteenth District Bridge
Administrator, Coast Guard; telephone<PHONE_NUMBER>, email, [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    King County owns the South Park Highway drawbridge across the
Duwamish Waterway at mile 3.8, but the Seattle Department of
Transportation (SDOT) operates the South Park Highway Bridge. On behalf
of SDOT, King County is requesting a permanent change to the existing
operating regulation. Due to infrequent bridge opening requests from 11
p.m. to 7 a.m., King County is proposing to eliminate the nighttime
bridge operator. The proposed regulation change would allow SDOT to not
have a bridge operator attending the subject bridge from 11 p.m. to 7
a.m. unless at least 12 hours notice has been received prior to an
opening request.
    Marine traffic on the Duwamish Waterway consists of vessels ranging
from small pleasure craft, small tribal fishing boats, large size
pleasure motor vessels and large commercial vessels and barges. The
subject bridge currently operates in accordance in 33 CFR
117.1041(a)(2). This bridge provides a vertical clearance in the
closed-to-navigation position approximately 34 feet in the center of
the span and 27 feet at the sides of the span above mean high water.

III. Discussion of Proposed Rule

    This proposed rule amends 33 CFR 117.1041(a)(2) to provide specific
requirements for the operation of the South Park Bridge. The 2017 South
Park Bridge log book shows a low number of drawbridge opening requests
during late nighttime hours. Of the 524 openings in 2017, approximately
4.5 percent, or 24 total requests occurred between the 11 p.m. and 7
a.m. Openings from 11 p.m. to 7 a.m. for 2014, 2015 and 2016 ranged
from 5% to 10% of all openings. Based off of the historical data
obtained from the bridge opening logs, King County is proposing that
the subject bridge need not open for vessel traffic from 11 p.m. to 7
a.m. unless a 12 hour notice is given to the South Park Bridge.
Further, King County is proposing between 11 p.m. and 7 a.m., vessels
engaged in sea-trials or dredging activities may request a standby
operator if at least a 24 hour notice is given to the South Park
Bridge. Vessels able to transit under the bridge without an opening may
do so at any time. If emergency responders needs a bridge opening
between 11 p.m. and 7 a.m., this rule change would require the Fremont
Bridge operator, across the Lake Washington Ship Canal, to open the
South Park Bridge within 45 minutes from initial notification to the
Fremont Bridge.
    On March 13, 2018, we published a temporary test deviation entitled
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, in the
Federal Register (83 FR 10785). The test deviation ran from March 22,
2018 to September 17, 2018. We received three comments on this test
deviation. One comment did not relate to operations of the South Park
Bridge. King County submitted a rebuttal addressing the two other
comments on October 17, 2018. We have read both submittals from each
party, and will discuss the material herein.
    A. The first commenter raises two concerns pertaining to the
closure timing of the bridge. First, the commenter states that with the
First Avenue South Bridge closed from 6 a.m. to 9 a.m., marine vessels
would have to wait until 9 a.m. for an opening of the South Park
Bridge. Second, the

commenter raised concern that the 45 minute response time for an
emergency opening is unnecessarily long. The South Park Bridge will
open on signal from 11 p.m. to 7 a.m., if at least a 12 hour notice is
given to the bridge operator. From 7 a.m. to 11 p.m. the South Park
Bridge will have a bridge operator. The SDOT has performed travel time
tests between the Fremont Bridge and the South Park Bridge between 11
p.m. and 7 a.m. In all cases, the response time was less than the 45
minutes that Seattle Fire Department needs to respond. We have not
identified any impacts on marine navigation with this proposed rule.
    B. The second commenter discusses the regulation's impact on small
entities. The Coast Guard's response is contained in Section III(B).

III. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability for
the subject bridge to open on signal from 11 p.m. to 7 a.m. after
receiving at least a 12 hour notice by telephone or VHF radio. This
proposed rule also applies to opening the subject bridge for marine
vessels engaged in emergency responses from 11 p.m. to 7 a.m. Emergency
responders will give at least 45 minutes of notice to the Fremont
Bridge operator to open the South Park Bridge on signal. The only
emergency response vessel that requires an opening of the subject
bridge is the Seattle Fire Department's (SFD) large fireboat. The SFD
has agreed, and will change their response procedures, to notify the
Fremont Bridge when an emergency call is received for the Duwamish
Waterway. The SFD's large fireboat response time for the Duwamish
Waterway is 45 minutes, and making a notification of 45 minutes for a
South Park Bridge opening will be implemented. The SFD has a smaller
response vessel that does not require an opening of the subject bridge,
and this fireboat has a faster response time to the Duwamish Waterway.
SFD stated for a Duwamish Waterway marina fire, the small vessel will
be the first to respond, and request assistance from the larger
fireboat after the vessel arrives on scene. The Coast Guard has made
this finding based on the fact that the proposed change still allows
any vessel needing a drawbridge opening to transit past the bridge will
still receive an opening with the proper advance notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. The Coast Guard has made this
finding based on the fact that the proposed change still allows any
vessel needing a drawbridge opening will receive an opening with at
least 12 hours of notice, and may request a standby bridge operator
during sea-trials and/or dredging operations, if at least a 24 hour
notice is given to the South Park Bridge operator. The Coast Guard
tested this proposed regulation change with a temporary test deviation
from March 22, 2018 to September 17, 2018 to ensure the rule would not
unreasonably obstruct navigation or negatively impact small maritime
business. We received no complaints during the test deviation.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction, and
you have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01

and Commandant Instruction M16475.lD, which guides the Coast Guard in
complying with the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321-4370f), and have made a preliminary determination that this
action is one of a category of actions which do not individually or
cumulatively have a significant effect on the human environment. This
proposed rule simply promulgates the operating regulations or
procedures for drawbridges. Normally such actions are categorically
excluded from further review, under figure 2-1, paragraph (32)(e), of
the Instruction.
    A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Amend Sec.  117.1041 by revising paragraph (a)(2) and adding
paragraph (a)(3) to read as follows:

Sec.  117.1041   Drawbridge Operation Regulation; Duwamish Waterway;
Seattle, WA.

    (a) * * *
    (1) * * *
    (2) The draw of the South Park Bridge, mile 3.8, need not be opened
for the passage of vessels from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5
p.m., Monday through Friday, except Federal holidays other than
Columbus Day.
    (3) Between the hours of 11 p.m. and 7 a.m., Monday through Sunday,
the South Park Bridge shall open if at least a 12 hour notice is given
by telephone or VHF radio to the drawtender at the South Park Bridge.
If emergency responders require a bridge opening between 11 p.m. and 7
a.m., the South Park Bridge shall open within 45 minutes from initial
notification to the Fremont Bridge operator. Vessels engaged in sea-
trials or dredging activities may request a standby drawtender to open
the bridge, on demand, during sea-trials and/or dredging operations, if
at least a 24 hour notice is given to the South Park Bridge drawtender.
* * * * *

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2019-06078 Filed 3-28-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Notices]
[Pages 34408-34409]
[FR Doc No: 2013-13506]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-30544]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

May 31, 2013.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
May. A

copy of each application may be obtained via the Commission's Web site
by searching for the file number, or for an applicant using the Company
name box, at http://www.sec.gov/search/search.htm or by calling (202)
551-8090. An order granting each application will be issued unless the
SEC orders a hearing. Interested persons may request a hearing on any
application by writing to the SEC's Secretary at the address below and
serving the relevant applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the SEC by 5:30 p.m.
on June 25, 2013, and should be accompanied by proof of service on the
applicant, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Secretary, U.S. Securities and Exchange Commission, 100
F Street NE., Washington, DC 20549-1090.
    For Further Information Contact: Diane L. Titus at<PHONE_NUMBER>,
SEC, Division of Investment Management, Exemptive Applications Office,
100 F Street NE., Washington, DC 20549-8010.

Oppenheimer Champion Income Fund [File No. 811-5281]

Oppenheimer Portfolio Series Fixed Income Active Allocation Fund [File
No. 811-22120]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. The applicants transferred their assets to
Oppenheimer Global Strategic Income Fund and, on September 21, 2012,
and October 5, 2012, respectively, made final distributions to their
shareholders based on net asset value. Expenses of $133,210 and
$37,920, respectively, incurred in connection with the reorganizations
were paid by each applicant.
    Filing Date: The applications were filed on April 23, 2013.
    Applicants' Address: 6803 S. Tucson Way, Centennial, CO 80112.

Aviemore Funds [File No. 811-21489]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant transferred its assets to
Stadion Investment Trust and, on March 29, 2013, made a final
distribution to its shareholders based on net asset value. Expenses of
$60,457 incurred in connection with the reorganization were paid by
Stadion Money Management, LLC, investment adviser to the acquiring
fund.
    Filing Date: The application was filed on May 6, 2013.
    Applicant's Address: 20 Phelps Rd., Old Chatham, NY 12136.

GLG Investment Series Trust [File No. 811-22360]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 12, 2013, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Applicant has retained approximately $189,718 to cover outstanding
debts and other liabilities. Expenses of $99,500 incurred in connection
with the liquidation were paid by applicant.
    Filing Dates: The application was filed on April 17, 2013, and
amended on May 14, 2013.
    Applicant's Address: 452 Fifth Ave., 25th Floor, New York, NY
10018.

Madison Mosaic Government Money Market [File No. 811-2910]

Madison Mosaic Tax-Free Trust [File No. 811-3486]

Madison Mosaic Income Trust [File No. 811-3616]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. The applicants have transferred their
assets to corresponding series of Madison Funds and, on April 19, 2013,
made a final distribution to their shareholders based on net asset
value. Expenses of approximately $21,281, $29,213 and $59,447,
respectively, incurred in connection with the reorganizations were paid
by Madison Investment Advisors, LLC, applicants' investment adviser.
    Filing Date: The applications were filed on May 2, 2013.
    Applicant's Address: 500 Science Dr., Madison, WI 53711.

Center Coast MLP Fund [File No. 811-22408]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on May 3, 2013.
    Applicant's Address: 1100 Louisiana St., Suite 4550, Houston, TX
77002.

Value Line U.S. Government Securities Fund, Inc. [File No. 811-3171]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
Value Line Core Bond Fund and, on March 22, 2013, made a final
liquidating distribution to its shareholders based on net asset value.
Expenses of $132,812 incurred in connection with the reorganization
were paid by applicant and the acquiring fund.
    Filing Date: The application was filed on May 1, 2013.
    Applicant's Address: 7 Times Sq., 21st Floor, New York, NY 10036.

Giordano Investment Trust [File No. 811-21789]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 30, 2011, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $72,500 incurred in connection with the
liquidation were paid by applicant.
    Filing Date: The application was filed on May 13, 2013.
    Applicant's Address: 2530 Riva Rd., Suite 312, Annapolis, MD 21401.

New York Daily Tax Free Income Fund, Inc. [File No. 811-3955]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On April 29, 2013, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $11,486 incurred in connection with the
liquidation were paid by Reich & Tang Asset Management, LLC,
applicant's investment adviser.
    Filing Date: The application was filed on May 14, 2013.
    Applicant's Address: 1411 Broadway, 28th Floor, New York, NY 10018.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13506 Filed 6-6-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Proposed Rules]
[Page 53613-53615]
[DOCID:fr01se10-17]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 72, 78, and 97

[EPA-HQ-OAR-2009-0491; FRL-9194-9]
RIN 2060-AP50

Notice of Data Availability Supporting Federal Implementation
Plans To Reduce Interstate Transport of Fine Particulate Matter and
Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA) for the Proposed Transport
Rule.

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

SUMMARY: The EPA is providing notice that it is supplementing the
record to the Proposed Transport Rule (75 FR 45210). The EPA has placed
in the docket for the Proposed Transport Rule (Docket ID No. EPA-HQ-
OAR-2009-0491) additional information relevant to the rulemaking,
including, among other things, an updated version of the power sector
modeling platform that EPA proposes to use to support the final rule.
This new power sector modeling platform consists of updated unit level
input data (the National Electric Energy Data System (NEEDS v4.10)) and
a set of model run results with the updated modeling platform
(Integrated Planning Model (IPM) v4.10), detailed documentation of the
updated version of the model, and user guides to input assumptions and
model outputs. The additional information also includes a list of
further planned updates to support the final rulemaking. Except as
explained below, EPA is not extending the comment period on the
Proposed Transport Rule beyond October 1st, 2010.

DATES: Comments must be received on or before October 15, 2010. Please
refer to SUPPLEMENTARY INFORMATION for additional information on
submitting comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0491 by one of the following methods:
     http://www.regulations.gov. Follow the online instructions
for submitting comments. Attention Docket ID No. EPA-HQ-OAR-2009-0491.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2009-0491.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2009-0491, U.S. Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include 2 copies. In addition, please mail a copy of your
comments on the information collection provisions to the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attn: Desk Officer for EPA, 725 17th Street, NW., Washington, DC
20503.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, NW., Room 3334,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2009-0491.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0491. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, avoid any form of encryption, and be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation
Docket and Information Center, EPA/DC, EPA East Building, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.

FOR FURTHER INFORMATION CONTACT: For questions regarding the NEEDS
database Version 4.10 contact Erich Eschmann, Clean Air Markets
Division, USEPA Headquarters, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Mail Code: 6204J, Washington, DC 20460; telephone number:
(202) 343-9128; fax number:<PHONE_NUMBER>. For question regarding the
IPM Version 4.10 assumptions contact Serpil Kayin, Clean Air Markets
Division, USEPA Headquarters, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Mail Code: 6204J, Washington, DC 20460; telephone number:
(202) 343-9390; fax number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Detailed background information describing
the proposed rulemaking may be found in a previously published notice:
Federal Implementation Plans To Reduce Interstate Transport of Fine
Particulate Matter and Ozone (Proposed Transport Rule); Proposed Rule
75 FR 45210, August 2, 2010.
    The information placed in the docket is also available for public
review on the Web site for this rulemaking at http://www.epa.gov/
airtransport/. If additional relevant supporting information becomes
available in the future, EPA will place this information in the docket
and make it available for public review on this Web site. Today's
notice of data availability does not extend the comment period for the
Proposed Transport Rule, which ends on October 1, 2010. However, during
the comment period for the NODA, EPA will accept comments on both the
specific data that EPA is placing in the docket as well as any
potential impacts of that data on the Proposed Transport Rule until
October 15th, 2010.

I. Additional Information on Submitting Comments

A. How can I help EPA ensure that my comments are reviewed quickly?

    To expedite review of your comments by Agency staff, you are
encouraged to send a separate copy of your comments, in addition to the
copy you submit to the official docket, to Murat Kavlak, Clean Air
Markets Division, USEPA Headquarters, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Mail Code: 6204J, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Gene Sun, Clean Air
Markets Division, USEPA Headquarters, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Mail Code: 6204J, Washington, DC 20460;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>.
    2. Tips for preparing your comments.
    When submitting comments, remember to:
    i. Identify the NODA by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain your comments, why you agree or disagree; suggest
alternatives and substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Web Site for Rulemaking Information

    The EPA has previously established a Web site for the proposed
rulemaking at http://www.epa.gov/airtransport. The Web site includes
the proposed rulemaking actions and other related information that the
public may find useful in addition to a link to this NODA.

III. New Information Placed in the Docket

    The EPA has placed the information described below in the Proposed
Transport Rule docket EPA-HQ-OAR-2009-0491.
     An updated version of NEEDS (v4.10). This database
provides unit level characteristics of the electric generating units
(EGUs) included in the IPM modeling. This includes both units affected
by the Proposed Transport Rule and other EGUs (e.g. fossil-fired units
smaller than 25 MWe, non-fossil-fired units, and fossil-fired units 25
MWe or greater in States not subject to the Proposed Transport Rule).
     User Guide to NEEDS v4.10.
     Detailed documentation of the IPM v4.10.
     New base case modeling run results with the updated IPM
platform (v4.10): Summary Reports (for 2012, 2015, 2020, 2030) and unit
level parsed file for 2012 (this modeling run is analogous to the base
case run used to support the air quality modeling that determined which
States significantly contributed to non-attainment or interference with
maintenance in the Proposed Transport Rule).
     New policy case modeling run (identified as ``TR SB
Limited Trading'') with the updated IPM platform (v4.10): Summary
Reports (for 2012, 2015, 2020, 2030) and unit level parsed file for
2014 (this modeling run is analogous to the preferred policy option run
in the Proposed Transport Rule).
     New base case run results with the updated IPM platform
(v4.10), as described above, except with the Energy Information
Administration's Annual Energy Outlook (AEO) 2010 gas resource
assumptions: Summary Reports (for 2012, 2015, 2020, 2030) and unit
level parsed file for 2012.
     New policy case (identified as ``TR SB Limited Trading'')
with the updated IPM platform (v4.10), as described above, except with
AEO 2010 gas resource assumptions: Summary Reports (for 2012, 2015,
2020, 2030) and unit level parsed file for 2014.
    These policy runs include the same State-level caps that EPA
modeled in the Proposed Transport Rule. The caps have not been modified
to account for any changes that the new modeling might suggest; they
are merely provided for informational purposes to allow commenters to
understand the impact that changes in the model platform have on the
projected impacts of the caps.
     User Guide to IPM v4.10 output files (system summary
report and parsed files).
     A description of how to build an alternative gas resource
assumption input for modeling (an intermediate option between AEO 2010
and EPA gas resource assumptions).
     A summary of other planned input updates to be implemented
in the final rulemaking (further described below).
    EPA proposes to use this version of the IPM model in the final
Transport Rule, modified to address any comments that EPA receives as
part of the transport rulemaking effort and other power sector
analysis. Changes from the projections relied on in the proposed rule,
from using an updated model, could impact the final rulemaking in a
number of ways including, but not limited to:
    1. Changing emission projections that were used to determine which
downwind areas have air quality concerns (i.e., non-attainment or
maintenance) absent this rulemaking and to determine which States
contribute to those problems.
    2. Changing cost and emission projections used in the multi-factor
test to determine the amount of emissions that represent significant
contribution.
    EPA believes that the assumptions regarding natural gas resources
in the primary IPM v4.10 base case are the appropriate ones to use. EPA
is however providing information on an alternative set of assumptions
(AEO 2010), as well as a third way that gas price assumptions could be
developed. EPA requests comment on the appropriate natural gas
assumptions to use.
    EPA intends to update the NOX rates for fossil-fuel
fired units in the final rule to reflect the more recent 2009 data. IPM
v4.10 and the previous version of IPM used for the Proposed Transport
Rule analysis relied on 2007 unit level NOX rates. The
updated NOX rates will more

accurately portray the unit level control installations that have
occurred at power plants during the past several years. In general,
about 25% of coal plants have a 2009 NOX rate that reflects
a change from the 2007 that is greater than 0.1 lb/mmbtu and 10% of the
2007 value. The 2009 unit level data can be retrieved from EPA's Data
and Maps at http://camddataandmaps. epa.gov/gdm/.
    EPA also intends to update information related to new units, new
installation of pollution controls, and planned retirements.
Information on changes in these areas that EPA believes have happened
since IPM v4.10 version of the model has been finalized is also
included in the docket.
    Between now and the time that EPA finalizes the Transport Rule,
additional information used to support the final transport rulemaking
may be placed in the docket.

    Dated: August 25, 2010.
Dina W. Kruger,
Acting Director, Office of Atmospheric Programs.
[FR Doc. 2010-21699 Filed 8-31-10; 8:45 am]
BILLING CODE 6560-50-P


EFT Info

Kahn, Joseph

to:

Lynorae Benjamin, Steve Scofield

06/04/2010 06:46 PM

Cc:

"Vielhauer, Trina"

Lynorae and Steve,

Hillsborough County confirmed that the facility is on track with the construction schedule we sent (attached again), which includes four phases that run until 2012.  The full enclosure of existing equipment (Phase 1A) is scheduled to be completed in October 2010.  There are enclosures associated with each phase, which are shown in the schedule, but as I understand it, these phases include new equipment to be installed.  Construction started February 4, 2010, and contaminated soils have been remediated by now.  All paving will not be completed until March 2012.

An inspector from Hillsborough County took photos today that illustrate the extent of construction activities at the site and show how serious this effort is at rebuilding the facility.  Please take a look at those.  (To keep the e-mail file size manageable I’ll send more photos in two more e-mails.)  You’ll see why they won’t complete paving, for example, for some time.

Regarding the City of Tampa WWTP, Hillsborough County advised that the City operates a sludge dryer at the site. Sometimes lead waste is discarded in residential or commercial drains, so the sludge has a small lead content.  It is a 75 MGD facility, so even a trace amount of a contaminant can appear to contribute to emissions.  In this case, the lead was over estimated.  Actual lead emissions from that site were most probably less than 100 pounds in 2005.

For the 2005 NEI, the City submitted a lead calculation and used an emission factor for sludge incineration -- not drying.  Their factor assumed a hotter temperature, thus volatilizing more lead, and did not include control efficiency for their associated cyclone and RTO.  The County estimates that process operations and controls are such that only about 10% of the lead in sludge would have been emitted.  So, again, the NEI appears to be a large overestimate.

Please let me know if you have other questions, or need more information.  Thanks.

Joe

The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on   HYPERLINK <EMAIL_ADDRESS>this link to the DEP Customer Survey . Thank you in advance for completing the survey.


[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Pages 14335-14336]
[FR Doc No: 2021-05299]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2021-0010; OMB No. 1660-0039]

Agency Information Collection Activities: Proposed Collection;
Comment Request; National Fire Academy Long-Term Evaluation Form for
Supervisors and National Fire Academy Long-Term Evaluation Form for
Students/Trainees

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60-Day notice of extension and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this opportunity to comment on an extension,
without change, of a currently approved information collection. In
accordance with the Paperwork Reduction Act of 1995, this notice seeks
comments concerning the long-term evaluation forms used to evaluate all
National Fire Academy training.

DATES: Comments must be submitted on or before May 14, 2021.

ADDRESSES: To avoid duplicate submissions to the docket, please submit
comments at www.regulations.gov under Docket ID FEMA-2021-0010. Follow
the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dawn Long, Statistician, FEMA,
National Fire Academy at<PHONE_NUMBER>. You may contact the
Information Management Division for copies of the proposed collection
of information at email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The National Fire Academy (NFA) is mandated
under the Fire Prevention and Control Act of 1974 (Pub. L. 93-498) to
provide training and education to the Nation's fire service and
emergency service personnel. The state-of-the-art programs offered by
the NFA serve as models of excellence and State and local fire service
agencies rely heavily on the curriculum to train their personnel. To
maintain the quality of these training programs, it is critical that
courses be evaluated after students have had the opportunity to apply
the knowledge and skills gained from their training. Information
collected from the evaluation forms enables the U.S. Fire
Administration (USFA) and NFA staff to monitor and recommend changes in
course materials, individual subject selection criteria, and to make
curriculum-wide reviews and assessments.

Collection of Information

    Title: National Fire Academy Long-Term Evaluation Form for
Supervisors and National Fire Academy Long-Term Evaluation Form for
Students/Trainees.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0039.
    FEMA Forms: FEMA Form 078-0-2, National Fire Academy Long-Term
Evaluation Form for Supervisors; FEMA Form 078-0-2A, National Fire
Academy Long-Term Evaluation Form for Students/Trainees.
    Abstract: The National Fire Academy Long-Term Evaluation Forms will
be used to evaluate all National Fire Academy (NFA) on-campus resident
training courses. Course graduates and their supervisors will be asked
to evaluate the impact of the training on both individual job
performance and the performance of the fire and emergency response
department where the student works. The data provided by students and
supervisors is used to update existing NFA course materials and to
develop new courses that reflect the emerging issues and needs of the
Nation's fire service.
    Affected Public: State, Local or Tribal Government.
    Estimated Number of Respondents: 3,000.
    Estimated Number of Responses: 3,000.
    Estimated Total Annual Burden Hours: 405 hours.
    Estimated Total Annual Respondent Cost: $20,261.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.

    Estimated Total Annual Cost to the Federal Government: $46,643.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent L. Brown,
Senior Manager, Records Management Branch, Office of the Chief
Administrative Officer, Mission Support, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 2021-05299 Filed 3-12-21; 8:45 am]
BILLING CODE 9111-45-P


Incorporation by Reference of Docket on Stay of NOx SIP Call for the State of Georgia The contents of Docket OAR 2001 0008 and Legacy Docket No. A 96 56 for the rulemakings A Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call Technical Amendments, and Section 126 Rules @

and " Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Trans are hereby incorporated by reference into Docket OAR 2004 0440.


[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Rules and Regulations]
[Page 25407]
[FR Doc No: 2022-09230]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0150]

Special Local Regulations; Seventh Coast Guard District, Blessing
of the Fleet--Brunswick

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce special local regulations for the
84th Annual Brunswick Blessing of the Fleet on May 7, 2022, to provide
for the safety of life on navigable waterways during this event. Our
regulation for marine events within the Seventh Coast Guard District
identifies the regulated area for this event in Brunswick, GA. During
the enforcement periods, the operator of any vessel in the regulated
area must comply with directions from the Patrol Commander or any
Official Patrol displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 100.701 will be enforced for the
location identified in paragraph (d) Item 1 of Table 1 to Sec.
100.701, from 11 a.m. until 4 p.m. on May 7, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST1 Ashley Schad, Marine
Safety Unit Savannah Office of Waterways Management, Coast Guard, 912-
652-4188 extension 242, or email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce special local
regulations in 33 CFR 100.701, Table 1 to Sec.  100.701, paragraph (d),
Item 1, for the 84th Annual Brunswick, Blessing of the Fleet regulated
area from 11:00 a.m. to 4:00 p.m. on May 7, 2022. This action is being
taken to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Seventh Coast
Guard District, Sec.  100.701, Table 1 to Sec.  100.701, paragraph (d),
Item 1, specifies the location of the regulated area for the Annual
Brunswick Blessing of the Fleet which encompasses portions of the
Brunswick River from the start of the East branch of the Brunswick
River (East Brunswick River) to the Golden Isles Parkway Bridge. During
the enforcement periods, as reflected in Sec.  100.701, if you are the
operator of a vessel in the regulated area you must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners, and marine
information broadcasts.

K.A. Broyles,
Commander, U.S. Coast Guard, Captain of the Port Savannah, GA.
[FR Doc. 2022-09230 Filed 4-28-22; 8:45 am]
BILLING CODE 9110-04-P