[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Proposed Rules]
[Pages 21153-21155]
[FR Doc No: 2017-09160]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0357]
RIN 1625-AA00

Safety Zone; Potomac River, Newburg, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Potomac River. This action is necessary to
provide for the safety of life on navigable waters during a fireworks
display in Charles County near Newburg, MD, on June 17, 2017. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Maryland-
National Capital Region or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0357 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ronald Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 11, 2017, Gilligan's Pier of Newburg, MD, notified the
Coast Guard that it will be conducting a short-duration aerial
fireworks display at 9

p.m. on June 17, 2017. Details of the proposed event were provided to
the Coast Guard on April 26, 2017. The fireworks display will be
conducted by Innovative Pyrotechnic Concepts, LLC and launched from a
barge located in the Potomac River, in Charles County near Newburg, MD.
In the event of inclement weather, the fireworks display will be
scheduled for June 24, 2017. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 200-
yard radius of the fireworks discharge site. The purpose of this
rulemaking is to ensure the safety of vessels and the navigable waters
within 200-yard radius of the barge before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:30 p.m. through
10 p.m. on June 17, 2017, and if necessary due to inclement weather,
from 8:30 p.m. through 10 p.m. on June 24, 2017. The safety zone would
include all navigable waters of the Potomac River, within 200 yards
radius of the fireworks barge in approximate position latitude
38[deg]23'45.2'' N., longitude 076[deg]59'31.8'' W., located near
Newburg, MD. The duration of the safety zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 9 p.m. fireworks display. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Potomac River for 2\1/2\ hours
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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.
    While the precise number of small entities impacted is unknown,
this section of the Potomac normally has a low number of vessels
transiting the area planned for the safety zone, during the enforcement
period. Although, some owners or operators of vessels intending to
transit the safety zone may be small entities, for the reasons stated
in section IV.A above this proposed rule would not have a significant
economic impact on any vessel owner or operator.
    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 on it, 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
section. 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 not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this 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.

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 would not
result in such an expenditure, we do discuss the effects of this 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 guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42

U.S.C. 4321-4370f), and have made a preliminary determination that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
proposed rule involves a safety zone lasting 2\1/2\ hours that would
prohibit vessel movement within a 200 yard radius of the fireworks
barge on the Potomac River. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated under ADDRESSES. 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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; and; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0357 to read as follows:

Sec.  165.0357  Safety Zone; Potomac River, Charles County, MD.

    (a) Definitions. As used in this section:
    Captain of the Port means the Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of this section.
    (b) Location. The following area is a safety zone: All navigable
waters of the Potomac River, within 200 yards radius of a fireworks
barge in approximate position latitude 38[deg]23'45.2'' N., longitude
076[deg]59'31.8'' W., located near Newburg, MD. All coordinates refer
to datum NAD 1983.
    (c) Regulations. The general safety zone regulations found in 33
CFR 165 subpart C apply to the safety zone created by this section.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Maryland--National
Capital Region. All vessels underway within this safety zone at the
time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone must
first obtain authorization from the Captain of the Port Maryland--
National Capital Region or designated representative. To request
permission to transit the area, the Captain of the Port Maryland--
National Capital Region and or designated representatives can be
contacted at telephone number<PHONE_NUMBER> or on Marine Band Radio VHF-
FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren, radio, flashing light, or
other means, the operator of a vessel shall proceed as directed. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port Maryland--National Capital
Region or designated representative and proceed as directed while
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. through 10 p.m. on June 17, 2017, and if necessary due to
inclement weather, from 8:30 p.m. through 10 p.m. on June 24, 2017.

    Dated: May 1, 2017.
L.P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland--National
Capital Region.
[FR Doc. 2017-09160 Filed 5-4-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Notices]
[Page 29028]
[FR Doc No: 2011-12147]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Notice of Applications for Modification of Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before June 3, 2011.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue, SE., Washington, DC or at http://www.regulations.gov.
    This notice of receipt of applications for modification of special
permits is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on May 11, 2011.
Donald Burger,
Chief, Special Permits and Approvals Branch.

Modification of Special Permits

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                                                                        Regulation(s)       Nature of special
         Application No.           Docket No.        Applicant            affected            permit thereof
----------------------------------------------------------------------------------------------------------------
10646-M.........................  ............  Schlumberger         49 CFR 173.302....  To modify the special
                                                 Technologies                             permit to authorize an
                                                 Corporation, Sugar                       additional material in
                                                 Land, TX.                                the construction of
                                                                                non-DOT specification
                                                                                cylinders.
10698-M.........................  ............  Worthington          49 CFR              To modify the special
                                                 Cylinders,           173.304(a)(2);      permit to authorize
                                                 Chilton, WI.         178.50.             additional Division
                                                                                2.2 materials.
11924-M.........................  ............  Packgen              49 CFR              To modify the special
                                                 Corporation,         173.12(b)(2)(i).    permit to authorize an
                                                 Auburn, ME.                              additional non-bulk
                                                                                packaging.
14457-M.........................  ............  Amtrol Alfa          49 CFR              To modify the special
                                                 Metalomecanica SA,   173.304a(a)(1).     permit to extend the
                                                 Portugal.                                external visual
                                                                                inspection to every
                                                                                five (5) years.
15097-M.........................  ............  U.S. Consumer        49 CFR 173.56.....  To reissue the special
                                                 Product Safety                           permit originally
                                                 Commission,                              issued on an emergency
                                                 Denver, CO.                              basis for the
                                                                                transportation of
                                                                                unapproved fireworks
                                                                                to the CPSC laboratory
                                                                                in Gaithersburg, MD
                                                                                for testing.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-12147 Filed 5-18-11; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Page 6258]
[FR Doc No: 2020-02026]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0124]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: FAA Organization
Designation Authorization (ODA) Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval for a new information collection.
The collection involves a survey of Organization Designation
Authorization (ODA) holders and ODA program applicants to document and
assess FAA certification and oversight activities. The information to
be collected is necessary because it is required of the FAA per Section
213 of the FAA Reauthorization Act of 2018.

DATES: Written comments should be submitted by April 6, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Andrew Jeffrey; 1200 District Ave., 4th Floor; Burlington,
MA 01803.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Robert Busto by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-XXXX.
    Title: FAA Organization Designation Authorization (ODA) Survey.
    Form Numbers: None.
    Type of Review: New information collection.
    Background: Section 213 of the FAA Reauthorization Act of 2018
requires FAA to establish an Expert Panel comprised of ODA holders,
aviation manufacturers, safety experts, and FAA labor organizations.
The Panel is instructed in the Act to conduct a survey, ``of ODA
holders and ODA program applicants to document and assess FAA
certification and oversight activities, including the use of the ODA
program and the timeliness and efficiency of the certification
process.'' The survey's purpose will be to provide information of
whether ODA processes and procedures function as intended, and such
information will be incorporated into the Expert Panel's report of
assessment and recommendations.
    Respondents: Respondents may include ODA holders, ODA applicants,
ODA unit members, and FAA Organizational Management Team (OMT) leads/
members.
    Frequency: The survey will be distributed at least once to support
the work of the Expert Panel, and may be re-administered to conduct a
longitudinal study; or to support future efforts of the Panel as
directed by Congress.
    Estimated Average Burden per Response: 1 Hour.
    Estimated Total Annual Burden: Total: approximately 2,150 hours.

    Issued in Washington, DC.
Joy Wolf,
Directives & Forms Management Officer (DMO/FMO), Aircraft Certification
Service.
[FR Doc. 2020-02026 Filed 2-3-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Notices]
[Page 11392-11393]
[DOCID:fr17mr09-72]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59560; File No. SR-NYSEALTR-2009-02]

Self-Regulatory Organizations; NYSE Alternext US LLC.; Order
Approving Proposed Rule Change To Revise Listing Fees

March 11, 2009.

I. Introduction

    On January 8, 2009, NYSE Alternext US LLC (``NYSE Alternext'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to revise its listing fees. The proposed rule
change was published in the Federal Register on February 4, 2009.\3\
The Commission received no comments on the proposal. This order
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 59304 (January 27,
2009), 74 FR 6077 (February 4, 2009) (hereinafter referred to as
``Notice'').
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II. Description of the Proposal

    The Exchange proposes amending its initial listing fees for common
stock or common stock equivalents. The initial listing fees set forth
in Section 140 of the Exchange's Company Guide for issuances of (i)
less than five million shares would be increased from $40,000 to
$50,000, (ii) five million to 10 million shares would be increased from
$50,000 to $55,000, (iii) 10,000,001 shares to 15 million shares would
be increased from $55,000 to $60,000 and (iv) in excess of 15 million
shares would be increased from $65,000 to $70,000. The Exchange further
proposes eliminating its $5,000 application fee in connection with a
company's initial listing on the Exchange.\4\
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    \4\ The Exchange proposes to make conforming changes to Section
144 of the Company Guide to eliminate references to the application
processing fee.
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    The Exchange also proposes eliminating the $5,000 application
processing fee in Section 140, payable in connection with the initial
listing of a class of bonds of an issuer that does not have another
class of securities listed on the Exchange. Additionally, Section 140
currently provides that, in the case of non-U.S. issuers listed on
foreign stock exchanges, the fee, including the one-time, non-
refundable application-processing fee of $5,000, is $40,000. The
Exchange proposes to conform the initial listing fees charged to non-
U.S. companies to those charged to domestic companies.
    Effective January 1, 2010, the Exchange proposes to increase the
annual fee for issuers that have between 50,000,001 and 75 million
shares outstanding from $32,500 to $36,500 and for issuers with an
excess of 75 million shares outstanding the annual fee would be raised
from $34,000 to $40,000.\5\ Moreover, as of the date of approval of
this rule filing, issuers would be required to pay a supplemental
annual fee equal to the difference between the amount they would pay in
2009 based on the current annual fee rates and the amount they would be
required to pay if the 2010 annual fee rates were in place on January
1, 2009.
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    \5\ The Exchange proposes to retain the minimum annual fee of
$27,500 for issuers with 50 million shares or less outstanding.
Therefore, issuers with 50 million shares or less outstanding will
not be subject to any annual fee increase for 2009.
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    The Exchange further proposes eliminating Section 146 in its
entirety and the provisions in Sections 140 and 142(g) that grants the
Board of Directors of the Exchange the discretion to defer, waive or
rebate all or any part of the initial listing fee payable in connection
with any listing of securities or additional shares. The Exchange also
proposes amending Section 142 of the Company Guide by (i) increasing
from $60,000 to $65,000 the maximum fee per issuer for listing
additional shares in a calendar year and (ii) increasing from $2,000 to
$2,500 the fee charged in connection with a company changing its name
or ticker symbol.
    The Exchange also proposes to adopt a fee of $7,500 for technical
original listings (``Technical Original Listings'') and reverse stock
splits. The Exchange would apply the proposed $7,500 application fee
for a Technical Original Listing if the change in the company's status
is technical in nature and the shareholders of the original company
receive or retain a share-for-share interest in the new company without
any change in their equity position or rights.\6\ The $7,500
application fee would also apply to reverse stock splits. The Technical
Original Listing fee will replace the current $5,000 fee for
``substitution listings'' set forth in Section 142(d). The Technical
Original Listing fee is intended to apply only to those events that
would have previously

been subject to the substitution listing fee.
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    \6\ Minor technical amendments are being made to Rule 142(e) to
reflect the fact that reincorporation will be explicitly included in
the categories of events subject to the proposed Technical Original
Listing fee.
---------------------------------------------------------------------------

    Finally, the Exchange is amending the language of Section 142 to
state that the fees in the section apply to non-U.S. companies.
According to the Exchange, they have always applied the fees in Section
142 to non-U.S. companies, and therefore, this amendment clarifies the
Exchange's policy.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(4) of the Act,\7\ which requires, among other things, that
the rules of an exchange provide for equitable allocation of reasonable
dues, fees, and other charges among its members and issuers and other
persons using its facilities.
---------------------------------------------------------------------------

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

    As discussed in the Notice, many of the Exchange's proposed fees,
such as the initial listing fees for common stock or common stock
equivalents, the maximum fee per issuer for listing additional shares
in a calendar year, the fee charged in connection with a company
changing its name or ticker symbol, and the Technical Original Listing
fees are competitive with or substantially similar to the fees already
in place at Nasdaq.\8\ The Commission recognizes that competition for
listings is becoming increasingly vigorous, and that such competition
may help to ensure the reasonableness of fees among the markets vying
for new listings.\9\
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    \8\ See Notice, supra note 3.
    \9\ See Securities Exchange Act Release No. 55202 (January 30,
2007), 72 FR 6017 (February 8, 2007).
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    Moreover, as described in the Notice, the Exchange represented that
it had increased services to listed companies and incurred increased
costs for services and regulatory programs, which required changes to
its listing fees.\10\ The Exchange also cited different levels of
services based on the number of outstanding shares to support the
higher fees generally paid to the Exchange by larger companies and to
provide justification for the proposed increases. Accordingly, the
Commission believes that the Exchange's proposed fee increases are
reasonable, given the current competitive landscape, the listing fees
charged by Nasdaq, the services the Exchange offers issuers that choose
to list with NYSE Alternext and the increased regulatory oversight
costs noted by the Exchange. The Commission also believes it is
reasonable for the Exchange to charge non-U.S. companies the same
initial listing fees as domestic companies since, according to the
Exchange, they receive the same level of service from the Exchange. For
these reasons, the Commission believes the proposed fee changes meet
the statutory standard of an equitable allocation of reasonable dues,
fees and other charges among issuers.
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    \10\ See Notice, supra note 3. Additionally, some costs were
offset by the elimination of the $5,000 application fee.
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    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act.\11\
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    \11\ 15 U.S.C. 78f(b)(4). In approving the proposed rule change,
the Commission has considered the proposed rule's impact in
efficiency, competition and capital formation. See 15 U.S.C. 78c(f).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (SR-NYSEALTR-2009-02) be, and it
hereby is, approved.
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    \12\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-5718 Filed 3-16-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Pages 27581-27583]
[FR Doc No: E9-13553]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60041; File No. SR-BATS-2009-017]

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

June 3, 2009.
    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 May 28, 2009, BATS Exchange, Inc. (``BATS'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by BATS. BATS has designated the proposed rule
change as one establishing or changing a member due, fee, or other
charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act
\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule

change, as amended, 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange. While changes to the fee schedule pursuant to this
proposal will be effective upon filing, the changes will become
operative on June 1, 2009.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange effective June 1, 2009, in order to (i) implement
pricing for its recently introduced BATS Optional Liquidity Technology
(``BOLT'') program; and (ii) increase the fee charged by the Exchange
for Destination Specific Orders for Tape A and C securities routed to
NYSE Arca from $0.0027 per share to $0.0030 per share. Each of these
proposals is discussed in further detail below.
(i) BOLT Pricing
    On May 22, 2009, the Exchange adopted changes to BATS Rules 11.9
and 11.13 pursuant to an immediately effective rule filing that will
permit the Exchange to offer both a ``BATS Only BOLT Order'' and a pre-
routing processing method (``BOLT Routing'') that will each include an
optional display period through which a marketable order will be
displayed to Exchange Users (and market data recipients) for a brief
period of time designated by the Exchange (the ``variable BOLT display
period'') for potential execution.\5\ As explained in more detail
below, with the exception of orders subject to BOLT Routing that are
executed on the Exchange during the variable BOLT display period, BATS
Only BOLT Orders and orders subject to BOLT Routing will be charged
fees and will receive rebates consistent with all other orders executed
on the Exchange or routed from the Exchange to away trading centers.
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    \5\ See SR-BATS-2009-014 (May 22, 2009), available at http://www.batstrading.com/regulation/rule_filings/.
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    BATS Only BOLT Orders in securities priced at any limit price will
be treated in the same manner as other such orders submitted to the
Exchange. Thus, to the extent a BATS Only BOLT Order removes liquidity
from the BATS Book in securities priced $1.00 or above it will be
charged the Exchange's standard fee for removing liquidity from the
BATS Book ($0.0025 per share); to the extent a BATS Only BOLT Order
adds liquidity to the BATS Book in securities priced $1.00 or above it
will receive the Exchange's standard $0.0024 per share rebate for
adding liquidity.
    Similarly, BATS Only BOLT Orders in securities priced below $1.00
will be treated in the same manner as all other such orders priced
below $1.00 submitted to the Exchange. Specifically, for executions on
the Exchange, the Exchange does not propose to provide any rebates for
BATS Only BOLT Orders that add liquidity to the BATS Book in securities
priced below $1.00 nor does the Exchange propose to charge a fee for
BATS Only BOLT Orders that remove liquidity in securities priced below
$1.00.
    Orders subject to BOLT Routing in securities priced below $1.00
will also be treated in the same manner as all other such orders priced
below $1.00 submitted to the Exchange (i.e., no rebate and no charge).
With respect to orders subject to BOLT Routing in securities priced
below $1.00 that are routed and executed at an away trading center,
such orders will be charged fees applicable to all other routed orders
in securities priced below $1.00 (e.g., $0.0020 charge per share for
shares executed at a dark liquidity venue, or ``DART'' routing; 0.25%
charge of the total dollar value for executions occurring through CYCLE
or RECYCLE routing). Thus, as set forth above, the Exchange has not
proposed any changes to its fee schedule related to BATS Only BOLT
Orders priced at any limit price, or orders subject to BOLT Routing in
securities priced below $1.00.
    To the extent an order subject to BOLT Routing removes liquidity
from the BATS Book prior to entering the variable BOLT display period
in securities priced $1.00, such order will be charged the Exchange's
standard fee for removing liquidity from the BATS Book ($0.0025 per
share). In addition, orders subject to BOLT Routing in securities
priced $1.00 or above that are routed and executed at an away trading
center after the variable BOLT display period will be charged the
Exchange's standard routing fees. Thus, the Exchange has not proposed
any changes to its fee schedule for orders subject to BOLT Routing that
remove liquidity from the BATS Book or that execute after routing to an
away trading center. However, with respect to orders subject to BOLT
Routing that execute on the Exchange during the pre-routing variable
BOLT display period, the Exchange proposes to pay Members a $0.0015 per
share rebate. The Exchange proposes to reflect this new rebate on the
revised fee schedule.
    As explained in the Exchange's rule filing, the Exchange expects to
have technological changes in place to support the proposed rule change
on or about June 5, 2009. Accordingly, although the changes to the fee
schedule proposed in this filing will become operative on June 1, 2009,
the fees and rebates applicable to BOLT will not be charged or paid to
Members until BOLT is implemented by the Exchange.
(ii) BATS + NYSE ARCA Destination Specific Orders
    The Exchange currently charges a consistent, discounted fee for
Destination Specific Orders routed to certain of the largest market
centers measured by volume (NYSE, NYSE Arca and NASDAQ), which, in each
instance is $0.0001 less per share for orders routed to such market
centers by the Exchange than such market centers currently charge for
removing liquidity (referred to by the Exchange as ``One Under''
pricing). NYSE Arca recently announced an increase to its liquidity
removal fee from $0.0028 per share to $0.0030 per share in Tape A and
Tape C securities.\6\ In order to maintain its One Under pricing with
respect to Destination Specific Orders routed to NYSE Arca, BATS
proposes to charge $0.0029 per share for BATS + NYSE ARCA Destination
Specific Orders executed at NYSE Arca in Tape A or Tape C securities.
The Exchange's ``One Under'' pricing does not apply to

securities priced below $1.00 nor does it apply to odd lot orders
routed to NYSE Arca; such order types will continue to be priced as set
forth on the Exchange's fee schedule. In addition, the Exchange will
maintain the pricing currently charged by the Exchange for BATS + NYSE
ARCA Destination Specific Orders for Tape B securities and for all
other Destination Specific Orders.
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    \6\ See NYSE Arca Client Notice (May 19, 2009), available at
http://www.nyse.com/pdfs/NYSEArca_Fee_Notice_6109.pdf.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive. Finally, the Exchange believes that
the proposed rates are equitable in that they apply uniformly to all
Members.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received.

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

    The foregoing proposed rule change has been designated as a fee
change pursuant to Section 19(b)(3)(A)(ii) of the Act \9\ and Rule 19b-
4(f)(2) thereunder,\10\ because it establishes or changes a due, fee or
other charge imposed on members by the Exchange. Accordingly, the
proposal is effective upon filing with the Commission.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2009-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2009-017. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, 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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BATS-2009-017 and should be
submitted on or before July 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-13553 Filed 6-9-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44226-44227]
[FR Doc No: 2012-18291]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0267; FRL-9521-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Asphalt Processing and
Asphalt Roofing Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

DATES: Additional comments may be submitted on or before August 27,
2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0267, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA,

725 17th Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to both EPA and OMB within 30
days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0267, which is available for public viewing
either online at http://www.regulations.gov, or in person viewing at
the Enforcement and Compliance Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC.
The EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the
telephone number for the Enforcement and Compliance Docket is (202)
566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NESHAP for Asphalt Processing and Asphalt Roofing
Manufacturing (Renewal)
    ICR Numbers: EPA ICR Number 2029.05, OMB Control Number 2060-0520.
    ICR Status: This ICR is scheduled to expire on August 31, 2012.
Under OMB regulations, the Agency may continue to either conduct or
sponsor the collection of information while this submission is pending
at OMB.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes,
or additions to the Provisions specified at 40 CFR part 63, subpart
LLLLL.
    Owners or operators of the affected facilities must submit initial
notification, performance tests, and periodic reports and results.
Owners or operators are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports are required semiannually at
a minimum.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 225
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of asphalt
processing and asphalt roofing manufacturing facilities.
    Estimated Number of Respondents: 27.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 13,497.
    Estimated Total Annual Cost: $1,318,753, which includes $1,293,301
in labor costs, no capital/startup costs, and $25,452 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is an increase in costs for both
the respondents and the Agency from the most recently approved ICR. The
increase in burden cost is due to an increase in the number of new or
modified sources and adjustments in labor rates. This ICR uses updated
labor rates from the Bureau of Labor Statistics to calculate burden
costs.
    There is an increase of 1,480 hours in labor hours for the
respondents, as well as an increase of 55 hours in labor hours for the
Agency, due to the increase in the number of sources that are subject
to the standard. There may also be some apparent differences that are
attributable to rounding; this ICR presents more exact figures. There
is no change in the estimation methodology in this ICR compared to the
previous ICR.
    There is also an increase of $45.00 in O&M costs to the respondents
in this ICR as compared to the previous ICR. This is attributed to the
photocopying and postage costs for an increased number of total sources
subject to the standard.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-18291 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P