[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Proposed Rules]
[Page 6590]
[FR Doc No: 2011-2607]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-0662; FRL-9262-5]

Disapproval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Subchapter 7, Subchapter 16 and Subchapter 17

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of the comment period.

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SUMMARY: EPA is extending the comment period for a proposed rule which
published on January 6, 2011 (76 FR 758). In the 76 FR 758 Federal
Register, EPA proposed to disapprove the revisions and new rules as
submitted by the State of Montana on October 16, 2006 and November 1,
2006. EPA found that these revisions and new rules, pertaining to the
regulation of oil and gas well facilities and applicability to
Montana's air quality permitting requirements, do not meet the
requirements of the Clean Air Act and EPA's Minor New Source Review
(NSR) regulations. The 76 FR 758 Federal Register also stated that
comments must be received on or before February 7, 2011. EPA is
extending the comment period through February 28, 2011, due to a
request from several commenters for an extension.

DATES: Comments must be received on or before February 28, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-0662, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (please alert the individual listed in
FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129.
     Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
     For additional information on submitting comments, see the
January 6, 2011 (76 FR 758) proposed rule.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mail Code
8P-AR, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129, phone<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>
    Dated: January 27, 2011.
Carol Rushin,
Deputy Regional Administrator, Region 8.
[FR Doc. 2011-2607 Filed 2-4-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31156-31160]
[FR Doc No: 2014-12521]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72241; File No. SR-NASDAQ-2014-027]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade Shares of the PowerShares Multi-Strategy Alternative
Portfolio of PowerShares Actively Managed Exchange-Traded Fund Trust

May 23, 2014.

I. Introduction

    On March 24, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade the shares
(``Shares'') of the PowerShares Multi-Strategy Alternative Portfolio
(``Fund'') under Nasdaq Rule 5735. The proposed rule change was
published for comment in the Federal Register on April 11, 2014.\3\ The
Commission received no comments on the proposal. On May 21, Nasdaq
filed Amendment No. 1 to the proposal.\4\ The Commission is publishing
this notice to solicit comments on Amendment No. 1 from interested
persons and is approving the proposed rule change, as modified by
Amendment No. 1, on an accelerated basis.
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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. 71892 (Apr. 7,
2014), 79 FR 20262 (``Notice'').
    \4\ In Amendment No. 1, Nasdaq amended the proposed rule change
to: (i) Narrow the scope of the Fund's investments to exclude non-
U.S. exchange traded index options; and (ii) specify where quotation
and last sale information could be found for underlying exchange
traded equities, options, and futures.
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund under
Nasdaq Rule 5735, which governs the listing and trading of Managed Fund
Shares. The Shares will be offered by PowerShares Actively Managed
Exchange-Traded Fund Trust (``Trust''). The Trust is registered with
the Commission as an investment company as defined by the Investment
Company Act of 1940 (``Investment Company Act'').\5\ The Fund is a
series of the Trust.
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    \5\ The Trust has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission. See Registration
Statement filed on November 27, 2013 (File Nos. 333-147622 and 811-
22148). The descriptions of the Fund and the Shares contained herein
are based, in part, on information in the Registration Statement. In
addition, the Commission has issued an order granting certain
exemptive relief to the Trust under the1940 Act. See Investment
Company Act Release No. 28171 (February 27, 2008) (File No. 812-
13386).
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    Invesco PowerShares Capital Management LLC will be the investment
adviser (``Adviser'') to the Fund. The Fund may use one or more sub-
advisers.\6\ Invesco Distributors, Inc. (``Distributor'') will be the
principal underwriter and distributor of the Shares. The Bank of New
York Mellon will act as the administrator, accounting agent, custodian,
and transfer agent for the Fund.
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    \6\ The Exchange states that no sub-adviser had been selected as
of the date of filing of the Notice. See Notice supra note 3, 79 FR
at 20263, n.6.
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    The Exchange represents that the Adviser is not a broker-dealer
although it is affiliated with the Distributor, which is a broker-
dealer.\7\ The Adviser has implemented a fire wall with respect to its
broker-dealer affiliate regarding access to information concerning the
composition and/or changes to the portfolio. The Exchange also
represents that the Shares will be subject to Nasdaq Rule 5735, which
sets forth the initial and continued listing criteria applicable to
Managed Fund Shares \8\ and that for initial and continued listing, the
Fund must be in compliance with Rule 10A-3 under the Act.\9\
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    \7\ See id. at 20263. The Exchange states in the event (a) the
Adviser becomes newly affiliated with a broker-dealer (or becomes a
registered broker-dealer), or (b) any new adviser or sub-adviser is
a registered broker-dealer or becomes affiliated with a broker-
dealer, it will implement a fire wall with respect to its relevant
personnel and/or such broker-dealer affiliate, if applicable,
regarding access to information concerning the composition and/or
changes to the portfolio and will be subject to procedures designed
to prevent the use and dissemination of material non-public
information regarding such portfolio. See id. at 20263.
    \8\ See id. at 20267.
    \9\ See 17 CFR 240.10A-3. See also Notice, supra note 3 at
20267.

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    The Exchange has made the following additional representations and
statements in describing the Fund and its investment strategy,
including portfolio holdings and investment restrictions:

Principal Investments

    According to the Exchange, the Fund's investment objective will be
to seek positive total returns that have low correlation to the broader
securities markets. The Fund seeks to achieve its investment objective
by actively investing in a combination of a varying number of market
neutral and other investment strategies (``Strategies'') that aim to
capture non-traditional risk premia across asset classes.
    The Adviser will allocate the weightings of the Fund's investments
across the multiple Strategies according to a rules-based methodology
and will reallocate the Fund's assets among Strategies to achieve the
Fund's investment objective. The Strategies may include, but are not
limited to, quantitative, volatility risk premium and carry Strategies.
The Strategies are similar to the strategies included in its benchmark,
and the Fund may hold the same types of instruments in similar
weightings as the benchmark. The Adviser is not obliged to track the
performance of the benchmark and will use proprietary portfolio
management techniques to seek to exceed the benchmark's performance.
    The Fund may take both long and short positions in exchange-traded
equity securities and equity index futures.\10\ The Fund also may take
a long and a short position in various currencies by investing in
currency forward and/or futures contracts.\11\
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    \10\ These equity securities, including exchange-traded equity
securities of registered investment companies, and equity index
futures will be traded on U.S. exchanges or non-U.S. exchanges that
are members of the Intermarket Surveillance Group (``ISG'').
    \11\ Currency futures contracts will be traded on U.S. exchanges
or non-U.S. exchanges that are ISG members. Currency forward
contracts will be traded over-the-counter.
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    Additionally, the Fund may invest in index options.\12\ In
following various Strategies, the Fund may purchase and sell interest
rate futures, including Eurodollar interest rate futures or Euro
Euribor interest rate futures, and Chicago Board Options Exchange
Volatility Index futures contracts.\13\
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    \12\ Index options will be traded on U.S. exchanges that are ISG
members. See Notice, supra note 3, at 20263, n.12. See also
Amendment No. 1, supra, note 4.
    \13\ These futures contracts will be traded on U.S. exchanges or
non-U.S. exchanges that are ISG members. See id. at 20263, n.13.
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The Subsidiary

    The Fund may seek to gain exposure to these various derivative
investments through investments in a subsidiary (``Subsidiary''), which
in turn would make investments in those derivatives and other
instruments. If utilized, the Subsidiary would be wholly-owned and
controlled by the Fund, and its investments would be consolidated into
the Fund's financial statements.
    Should the Fund invest in the Subsidiary, that investment may not
exceed 25% of the Fund's total assets at each quarter-end of the Fund's
fiscal year. Further, should the Fund invest in the Subsidiary, it
would be expected to provide the Fund with exposure to futures
contracts and other derivatives within the limits of Subchapter M of
the Internal Revenue Code applicable to investment companies, such as
the Fund, which limit the ability of investment companies to invest
directly in derivative instruments.
    The Subsidiary would be able to invest in the same asset classes in
which the Fund may invest, and the Subsidiary would be subject to the
same general investment policies and restrictions as the Fund, except
that, unlike the Fund, which must invest in derivatives in compliance
with the requirements of Subchapter M of the Internal Revenue Code,
federal securities laws and the Commodity Exchange Act, the Subsidiary
may invest without limitation in futures contracts. According to the
Exchange, references to the investment strategies and risks of the Fund
include the investment strategies and risks of the Subsidiary.\14\
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    \14\ See id. at 20264.
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Other Investments

    The Fund may invest in U.S. government securities, money market
instruments, cash and cash equivalents (e.g., corporate commercial
paper) to provide liquidity and to collateralize its investments in
derivative instruments.
    The Fund may invest in: (i) Short-term obligations issued by the
U.S. Government; \15\ (ii) short term negotiable obligations of
commercial banks, fixed time deposits and bankers' acceptances of U.S.
and foreign banks and similar institutions; \16\ and (iii) commercial
paper rated at the date of purchase ``Prime-1'' by Moody's Investors
Service, Inc. or ``A-1+'' or ``A-1'' by Standard & Poor's or, if
unrated, of comparable quality, as the Adviser of the Fund determines.
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    \15\ The Fund may invest in U.S. government obligations.
Obligations issued or guaranteed by the U.S. Government, its
agencies and instrumentalities include bills, notes and bonds issued
by the U.S. Treasury, as well as ``stripped'' or ``zero coupon''
U.S. Treasury obligations representing future interest or principal
payments on U.S. Treasury notes or bonds.
    \16\ Time deposits are non-negotiable deposits maintained in
banking institutions for specified periods of time at stated
interest rates. Banker's acceptances are time drafts drawn on
commercial banks by borrowers, usually in connection with
international transactions.
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    In addition, the Fund may invest in non-exchange listed securities
of other investment companies (including money market funds) beyond the
limits permitted under the 1940 Act, subject to certain terms and
conditions set forth in a Commission exemptive order issued pursuant to
Section 12(d)(1)(J) of the 1940 Act.\17\
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    \17\ Investment Company Act Release No. 30238 (October 23, 2012)
(File No. 812-13820).
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Investment Restrictions

    The Fund may not concentrate its investments (i.e., invest more
than 25% of the value of its net assets) in securities of issuers in
any one industry or group of industries. This restriction will not
apply to obligations issued or guaranteed by the U.S. Government, its
agencies or instrumentalities.
    The Subsidiary's shares will be offered only to the Fund, and the
Fund will not sell shares of the Subsidiary to other investors. The
Fund and the Subsidiary will not invest in any non-U.S. equity
securities (other than shares of the Subsidiary).
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities or other illiquid assets (calculated at
the time of investment). The Fund will monitor its portfolio liquidity
on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of the Fund's net assets are held in
illiquid securities or other illiquid assets. Illiquid securities and
other illiquid assets include those subject to contractual or other
restrictions on resale and other instruments or assets that lack
readily available markets as determined in accordance with Commission
staff guidance.
    Additional information regarding the Trust, Fund, Subsidiary, and
Shares, including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings, disclosure policies,
distributions and taxes, calculation of net asset value per share
(``NAV''), availability of information, trading rules and halts, and
surveillance procedures, among other things, can be

found in the Notice or the Registration Statement, as applicable.\18\
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    \18\ See Notice and Registration Statement, supra notes 3 and 5,
respectively.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of Section 6 of the Act \19\ and the rules and regulations
thereunder applicable to a national securities exchange.\20\ In
particular, the Commission finds that the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act,\21\
which requires, among other things, that the Exchange's rules be
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, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Commission notes that
the Fund and the Shares must comply with the requirements of Nasdaq
Rule 5735 to be listed and traded on the Exchange.
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    \19\ 15 U.S.C. 78(f).
    \20\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\22\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association
plans.\23\ Quotation and last sale information for any underlying
exchange-traded equity will also be available via the quote and trade
service of their respective primary exchanges, as well as in accordance
with the Unlisted Trading Privileges and the Consolidated Tape
Association plans.\24\ Quotation and last sale information for any
underlying exchange-traded options will also be available via the quote
and trade service of their respective primary exchanges and through the
Options Price Reporting Authority.\25\ Quotation and last sale
information for any underlying exchange-traded futures contracts will
be available via the quote and trade service of their respective
primary exchanges.\26\ In addition, the Intraday Indicative Value (as
defined in Nasdaq Rule 5735(c)(3)) will be based upon the current value
of the components of the Disclosed Portfolio (as defined in Nasdaq Rule
5735(c)(2)), will be available on the NASDAQ OMX Information LLC
proprietary index data service,\27\ and will be updated and widely
disseminated and broadly displayed at least every 15 seconds during the
Regular Market Session.\28\ On each business day, before commencement
of trading in Shares in the Regular Market Session on the Exchange, the
Fund will disclose on its Web site the Disclosed Portfolio,\29\ which
will form the basis for the Fund's calculation of NAV at the end of the
business day.\30\ The NAV of the Fund will be determined once each
business day, normally as of the close of trading on the New York Stock
Exchange (normally 4:00 p.m. Eastern time).\31\ Information regarding
market price and volume of the Shares will be continually available on
a real-time basis throughout the day on brokers' computer screens and
other electronic services.\32\ Information regarding the previous day's
closing price and trading volume information for the Shares will be
published daily in the financial section of newspapers.\33\ Intra-day,
executable price quotations for the securities and other assets held by
the Fund will be available from major broker-dealer firms or on the
exchange on which they are traded, as applicable.\34\ Intra-day price
information will also be available through subscription services, such
as Bloomberg, Markit, and Thomson Reuters, which can be accessed by
authorized participants and other investors.\35\ The Fund's Web site
will include a form of the prospectus for the Fund and additional data
relating to NAV and other applicable quantitative information.\36\
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    \22\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \23\ See Notice, supra note 3, 79 FR at 20267.
    \24\ See Amendment No. 1, supra note 4.
    \25\ See id.
    \26\ See id.
    \27\ According to the Exchange, the NASDAQ OMX Global Index Data
Service is the NASDAQ OMX global index data feed service, offering
real-time updates, daily summary messages, and access to widely
followed indexes and Intraday Indicative Values for exchange-traded
funds. See Notice, supra note 3, 79 FR at 20266.
    \28\ See id.
    \29\ The Disclosed Portfolio will include, as applicable, the
names, quantity, percentage weighting and market value of securities
and other assets held by the Fund and the Subsidiary and the
characteristics of such assets. See id.
    \30\ The Web site information will be publicly available at no
charge. See id.
    \31\ See id. at 20265.
    \32\ See id. at 20267.
    \33\ See id.
    \34\ See id. 20266.
    \35\ See id. at 20267.
    \36\ See id. at 20266.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.\37\
Further, trading in the Shares will be subject to Nasdaq 5735(d)(2)(D),
which sets forth circumstances under which trading in the Shares may be
halted.\38\ The Exchange may halt trading in the Shares if trading is
not occurring in the securities or the financial instruments
constituting the Disclosed Portfolio or if other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.\39\ Further, the Commission notes that the
Reporting Authority that provides the Disclosed Portfolio must
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material, non-public information
regarding the actual components of the portfolio.\40\ The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees.\41\ The Exchange
states that the Adviser is not a broker-dealer and although it is
affiliated a broker-dealer, the Adviser has implemented a fire wall
with

respect to its broker-dealer affiliate regarding access to information
concerning the composition and/or changes to the portfolio. The
Exchange also states that in the event (a) the Adviser becomes, or
becomes newly affiliated with a broker-dealer or registers as a broker-
dealer, or (b) any new adviser or sub-adviser is a registered broker-
dealer or becomes affiliated with a broker-dealer, it will implement a
fire wall with respect to its relevant personnel and/or such broker-
dealer affiliate regarding access to information concerning the
composition of or changes to the portfolio and will be subject to
procedures designed to prevent the use and dissemination of material,
non-public information regarding the portfolio.\42\
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    \37\ See id at 20267.
    \38\ See id.
    \39\ See id. See also 5735(d)(2)(C) (providing additional
considerations for the suspension of trading in or removal from
listing of Managed Fund Shares on the Exchange). With respect to
trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares
of the Fund. Nasdaq will halt or pause trading in the Shares under
the conditions specified in Nasdaq Rules 4120 and 4121, including
the trading pauses under Nasdaq Rules 4120(a)(11) and (12). Trading
also may be halted because of market conditions or for reasons that,
in the view of the Exchange, make trading in the Shares inadvisable.
See Notice, supra note 3, 79 FR at 20267.
    \40\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \41\ See Notice, supra note 3, 79 FR at 20267.
    \42\ See supra note 7 and accompanying text.
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    In support of this proposal, the Exchange has made representations,
including:
    (1) The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities.
    (2) The Shares will be subject to Nasdaq Rule 5735, which sets
forth the initial and continued listing criteria applicable to Managed
Fund Shares.
    (3) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in Creation Units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how information regarding
the Intraday Indicative Value is disseminated; (d) the risks involved
in trading the Shares during the Pre-Market and Post-Market Sessions
when an updated Intraday Indicative Value will not be calculated or
publicly disseminated; (e) the requirement that members deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (f) trading
information.
    (5) Trading in the Shares will be subject to the existing trading
surveillances, administered by both Nasdaq and the Financial Industry
Regulatory Authority (``FINRA'') on behalf of the Exchange, which are
designed to detect violations of Exchange rules and applicable federal
securities laws, and these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (6) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and other exchange-traded securities
and instruments held by the Fund with other markets and other entities
that are members of the ISG \43\ and FINRA may obtain trading
information regarding trading in the Shares and exchange-traded
securities and instruments held by the Fund from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and exchange-traded securities and instruments
held by the Fund from markets and other entities that are members of
ISG, which includes securities and futures exchanges, or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
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    \43\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
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    (7) For initial and continued listing, the Fund must be in
compliance with Rule 10A-3 under the Exchange Act.\44\
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    \44\ 17 CFR 240.10A-3.
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    (8) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (9) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment); will
monitor its portfolio liquidity on an ongoing basis to determine
whether, in light of current circumstances, an adequate level of
liquidity is being maintained; and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid assets.
    (10) The Fund will not be operated in a manner designed to seek a
multiple of the performance of an underlying reference index.
    (11) The Fund's investments will be consistent with the Fund's
investment objective.
    This approval order is based on all of the Exchange's
representations and description of the Fund, including those set forth
above and in the Notice.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendment No. 1 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-NASDAQ-2014-027 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2014-027. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2014-027, and should
be submitted on or before June 20, 2014.

V. Accelerated Approval of Proposed Rule Change, As Modified by
Amendment No. 1

    The Commission finds good cause to approve the proposed rule
change, as modified by Amendment No. 1, prior to

the thirtieth day after the date of publication of notice in the
Federal Register. The amendment clarifies where price information can
be found for certain underlying exchange traded assets, and thereby
provides support that the overlying Shares will be fairly priced.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\45\ to approve the proposed rule change, as
modified by Amendment No. 1, on an accelerated basis.
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    \45\ 15 U.S.C. 78s(b)(2).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\46\ that the proposed rule change (SR-NASDAQ-2014-027), as
modified by Amendment No 1, be, and it hereby is, approved on an
accelerated basis.
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    \46\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\47\
---------------------------------------------------------------------------

    \47\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12521 Filed 5-29-14; 8:45 am]
BILLING CODE 8011-01-P


Comment Info: =================

General Comment:Please attach these documents to Docket # PHMSA-2006-24405.


                                                                      6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 1036 and 1037
[EPA - HQ - OAR - 2019 - 0307; FRL-10018-51-OAR]
Improvements for Heavy-Duty Engine and Vehicle Test Procedures

AGENCY:  Environmental Protection Agency (EPA).
ACTION:  Notice of proposed rulemaking; further amendments.
SUMMARY: This notice of proposed rulemaking includes corrections, clarifications, additional flexibilities, and adjustment factors to improve the Greenhouse gas Emissions Model (GEM) compliance tool for heavy-duty vehicles while more closely matching the outputs produced by the original GEM version 3.0 that was used to establish the CO2 standards for Model Years 2021 and later in the 2016 Heavy-duty Phase 2 final rule.  This notice supplements the proposed rule published on May 12, 2020 (85 FR 28153), which included a larger set of proposed revisions to modify and improve GEM. Most of the proposed revisions from that notice of proposed rulemaking are addressed in a final rulemaking published in the Final Rule's section of today's Federal Register, titled "Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and other Technical Amendments," docket number EPA - HQ - OAR - 2019 - 0307; FRL-10018-52-OAR.  Given the nature of this proposal, there will be neither significant environmental impacts nor significant economic impacts for any sector.
DATES: Comments: Comments must be received on or before [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. Public Hearing: If anyone contacts us requesting a public hearing on or before [INSERT DATE 7 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER], we will hold an online hearing at 10 am Eastern Standard Time on [INSERT DATE 15 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Comments: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2019-0307, at http://www.regulations.gov. For detailed instructions on sending comments and additional information on the rulemaking process, see the "PUBLIC PARTICIPATION" section of this document.
Docket: EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2019-0307. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy at Air and Radiation Docket and Information Center, EPA Docket Center, EPA/DC, EPA WJC West Building, 1301 Constitution Ave., N.W., Room 3334, Washington, DC. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room was closed to public visitors on March 31, 2020, to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https://www.regulations.gov or email, as there is a temporary suspension of mail delivery to EPA, and no hand deliveries are currently accepted. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/dockets.
Public Hearing: Individuals are invited to notify EPA of interest in a public hearing; see FOR FURTHER INFORMATION CONTACT.
PUBLIC PARTICIPATION: Comments: All submissions received must include the Docket ID No. EPA-HQ-OAR-2019-0307 for this rulemaking. Follow the online instructions for submitting comments.  Once submitted, comments received may be posted without change to https://www.regulations.gov/, including any personal information provided, and cannot be edited or removed from Regulations.gov.  The EPA may publish any comment received to its public docket.  Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.  Multimedia submissions (audio, video, etc.) must be accompanied by a written comment.  The written comment is considered the official comment and should include discussion of all points you wish to make.  The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system).  For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room was closed to public visitors on March 31, 2020, to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https://www.regulations.gov or email, as there is a temporary suspension of mail delivery to EPA, and no hand deliveries are currently accepted. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/
EPA continues to carefully and continuously monitor information from the Centers for Disease Control and Prevention, local area health departments, and our Federal partners so we can respond rapidly as conditions change regarding COVID-19.
Docket: All documents in the docket are listed on the www.regulations.gov web site.  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, is not placed on the Internet and will be publicly available only in hard copy form through the EPA Docket Center at the location listed in the ADDRESSES section of this document.
Public Hearing: If we hold a public hearing, we will announce detailed information about the hearing on our website https://www.epa.gov/regulations-emissions-vehicles-and-engines/supplemental-rule-improvements-heavy-duty-engine-and.  Send requests for a hearing and questions about the status of a hearing to the contact identified in FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Amy Kopin, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Greenhouse Gas Emissions Model (GEM) Background
III. Proposed Updates to GEM
IV. Statutory Authority and Executive Order Reviews

General Information
Does this Action Apply to Me?
This action relates to companies that manufacture or sell new heavy-duty engines and vehicles as defined under EPA's CAA regulations.  Regulated categories and entities include the following:
NAICS Codes[A]
NAICS Titles
Examples of Potentially Regulated Entities
333618, 336111, 336112, 336120, 336211, 336999
Other Engine Equipment Manufacturing,
Automobile Manufacturing,
Light Truck and Utility Vehicle Manufacturing,
Heavy Duty Truck Manufacturing,
Motor Vehicle Body Manufacturing,
All Other Transportation Equipment Manufacturing
Motor vehicle manufacturers and engine manufacturers
[A] North American Industry Classification System (NAICS)

This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action.  If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section.
What Action Is the Agency Taking?
This action proposes to amend the regulations that implement our air pollutant emission standards for heavy-duty engines and vehicles. The proposed amendments in this notice of proposed rulemaking include corrections, clarifications, additional flexibilities, and adjustment factors to the Greenhouse gas Emissions Model (GEM) compliance tool for heavy-duty vehicles. These amendments would modify the existing test procedure for heavy-duty highway engines and vehicles and apply to the measurement of CO2 emissions. EPA published a proposed ruleon May 12, 2020 (85 FR 28153) ("Technical Amendments proposed rule"). EPA is issuing a final rulemaking ("Technical Amendments final rule") relating to most revisions proposed in the Technical Amendments proposed rule, published in the Final Rule'sction of today's Federal Register, titled "Improvements for Heavy-Duty Engine and Vehicle Test Procedures, and other technical amendments," docket number EPA - HQ - OAR - 2019 - 0307; FRL-10018-52-OAR.
This action supplements the Technical Amendments proposed rule for only certain specific aspects of revising GEM by proposing several amendments to the model, after consideration of comments solicited and received on the Technical Amendments proposed rule, including a proposed revision to address concerns raised regarding potential stringency impacts that may result from changes to GEM.
What are the Incremental Costs and Benefits of this Action?
This action is limited in scope and does not have significant economic or environmental impacts.  EPA has therefore not estimated the potential costs or benefits of this notice of proposed rulemaking.
Greenhouse Gas Emissions Model (GEM) Background
GEM is a computer application that estimates the greenhouse gas (GHG) emissions and fuel efficiency performance of specific aspects of heavy-duty vehicles. GEM uses several vehicle-specific inputs, such as engine fuel maps, aerodynamic drag coefficients, and vehicle weight ratings, to simulate vehicle and engine operation and model the amount of CO2 emitted over multiple duty cycles for tractors and vocational vehicles. The resulting CO2 values over these cycles are weighted by GEM to provide a composite GEM score. GEM version 3.0 was used to set standards in the Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-Phase 2 ("Phase 2") rulemaking (81 FR 73478). For purposes of determining compliance, composite GEM scores are compared to the applicable Phase 2 vehicle standard.
In the Technical Amendments proposed rule, we proposed several amendments to GEM 3.0, including corrections, clarifications, and additional flexibilities in a revised version of the model, GEM 3.5 (85 FR 28145). EPA also requested comment on whether any differences in GEM output values resulting from changes to the model would impact the effective stringency of the program and, if so, whether EPA should revise the GEM model itself or address such impacts via regulations (see 85 FR 28145).
Comments received in response to the NRPM supported most of the proposed updates to GEM and requested additional revisions to further improve the model.  The California Air Resources Board (CARB) provided comment on this topic, stating the importance of GEM results being consistent with the current program standards to avoid affecting program stringency. CARB recommended that EPA revise GEM in order to ensure stringency is maintained.
After considering the comments received, EPA applied further potential changes to GEM 3.5 and released a new development version of GEM, GEM 3.7, to the public for download and review by stakeholders to evaluate and assess the performance of this revised model. GEM 3.7 incorporated some corrections and improvements relative to the proposed version GEM 3.5, as noted in the corresponding memorandum in the rulemaking docket.
While evaluating GEM 3.7, we found differences in the output values for some tractor and vocational vehicles compared to the output values from GEM 3.0 used to set the Phase 2 CO2 standards.  To understand the differences between GEM 3.0 and GEM 3.7, we recreated the process used in 2016 to determine the numerical level of the Phase 2 standards. Without an adjustment to the resulting GEM output value, these differences in GEM output values when compared to the Phase 2 final rule could be considered an effective change in stringency. In light of GEM 3.7 output differences and considering CARB's comment, we identified adjustment factors in that same docketed memo that could be applied to the unrounded GEM 3.7 output to better ensure effective stringency of the standards is maintained.
The Truck and Engine Manufacturers Association (EMA) requested additional time for its members to review the potential updates to the model in GEM 3.7 and evaluate the impact of the adjustment factors made available.
As described in the Technical Amendments final rule, EPA released a revised version of GEM (i.e., GEM 3.5.1) that corrected three errors in GEM 3.5 and finalized provisions to specify GEM 3.5.1 without adjustment factors as the compliance tool for meeting Phase 2 standards. GEM 3.5.1 includes the following updates to GEM 3.5:
 Corrected duty cycle weighting factors for vocational vehicles in the Heavy Heavy-Duty Multipurpose subcategory.
 Corrected an idle map error when the cycle average engine fuel mapping procedure is used for all three drive cycles.
 Corrected a functional error that unnecessarily required manufacturers to include transmission power loss data when using the option to enter a unique (instead of default) k-factor for the torque converter.

Proposed Updates to GEM
In this notice of proposed rulemaking, as detailed further in this section, we are proposing to revise GEM and to revise GEM's test procedures to include adjustment factors after consideration of comments solicited and received on the Technical Amendments proposed rule. We request comment only on these specific revisions and are not proposing changes to or seeking comment on any other amendments included in the Technical Amendments proposed or final rule.
We are releasing GEM version 3.8 for notice and comment. The proposed GEM 3.8 allows additional compliance flexibilities and improves the vehicle simulation by incorporating the following improvements relative to GEM 3.5.1:
 Changed limits on engine input to allow small negative torque inputs.
 Corrected how GEM adjusts the idle fueling of the transient cycle by using the same idle duration time both for subtracting the idle fuel rate from the transient cycle average engine fuel map and for adding back in the simulated idle fuel rate.
 Added an option for vocational vehicles to input a value for neutral coasting in GEM and amend the related test procedure in 40 CFR 1037.520(j)(1).
 Corrected manual and automated manual transmissions to perform clutched upshifts for Heavy HDV.
We request comment on the revisions listed above.
As noted in a memorandum to the docket, the resulting standards generated using GEM 3.8 in place of GEM 3.0 were, on average, 0.58 percent lower for tractors and 0.20 percent higher for vocational vehicles, with the greatest difference (an increase of 1.3 percent) occuring in a few of the custom chassis standards.  To ensure that these changes to GEM do not change the effective stringency of the Phase 2 CO2 standards, we propose a revision to the test procedures in 40 CFR 1037.520(o) to include a table of adjustment factors to be applied to the unrounded GEM 3.8 output to correct the differences. We request comment on this proposed revision to 40 CFR 1037.520(o).  EPA also requests comment on whether EPA should incorporate the adjustment factors directly into the GEM model, if EPA is able to develop a version of the GEM model which properly incorporates the adjustment factors.
We are proposing to incorporate by reference into the regulations the revised version, GEM 3.8, for manufacturers to demonstrate compliance with the Phase 2 standards, including obtaining a certificate of conformity and submitting end-of-year reports. For MY 2021, we are proposing to allow use of GEM 3.5.1 under §1037.150(bb) as an interim provision, but to limit this optional use of GEM 3.5.1 for demonstrating compliance with the Phase 2 standards, including obtaining a certificate of conformity and submitting end-of-year reports, to MY 2021 vehicles only. A manufacturer who opts to use GEM 3.5.1 for MY 2021 is required to apply GEM 3.5.1 across its entire MY 2021 U.S.-directed production volume. We also propose to allow MY 2021 data based on the use of GEM 3.5.1 to be used for carryover requests for certificates of conformity for MY 2022 and future years for qualifying vehicles under §1037.235(d); however, manufacturers would still need to use GEM 3.8 for end-of-year reporting for MY 2022 and later. Under this proposal, GEM 3.8 would need to be used for all other certificates of conformity for MY 2022 and later. Due to the model improvements and flexibilities available in GEM 3.8 relative to GEM 3.5.1, we request comment on the appropriateness of requiring that GEM 3.8 be used for MY 2021 end-of-year reports even if MY 2021 certificates of conformity were obtained using GEM 3.5.1. Finally, we are proposing that if an engine fuel map was run on an engine using a cycle generated from GEM 3.5.1 for MY 2021 and the manufacturer of that engine applies for carryover certification for MY 2022 or later, the manufacturer would not need to rerun the engine fuel map. We request comment on these requirements, allowable uses, and limitations proposed for each of these revised GEM model versions, including the use of GEM 3.5.1 for MY 2021 and carryover applications.

Statutory Authority and Executive Order Reviews
Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.
Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs
This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.
Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control numbers 2060-0678. This rule clarifies and simplifies procedures without affecting information collection requirements.
Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action is designed to reduce testing burdens, increase compliance flexibility, and make various corrections and adjustments to compliance provisions; as a result, we anticipate no costs associated with this rule.  We have therefore concluded that this action will have no net regulatory burden for directly regulated small entities.
Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531 - 1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments. Requirements for the private sector do not exceed $100 million in any one year.
Executive Order 13132: Federalism
This action does not have federalism implications. It will not have substantial direct effects 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.
Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
This action does not have tribal implications as specified in Executive Order 13175. This rule will be implemented at the Federal level and affects engine and vehicle manufacturers.  Thus, Executive Order 13175 does not apply to this action.
Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. There are no environmental health or safety risks created by this action that could present a disproportionate risk to children.
Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 104 - 113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs agencies to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards.  This action involves technical standards.
Except for the reference discussed below, the standards included in the regulatory text as incorporated by reference in 40 CFR part 1037 were all previously approved for IBR and no change is proposed in this action.
In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference a new version of the Greenhouse gas Emissions Model (GEM), which we use for certifying heavy-duty highway vehicles to the greenhouse gas emission standards in 40 CFR part 1037. The model calculates emission rates for heavy-duty highway vehicles based on input values defined by the manufacturer. The model is available as noted in the amended regulations at 40 CFR 1037.810.
Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
      The EPA believes this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Due to the small environmental impact, this regulatory action will not have a disproportionate adverse effect on minority populations, low-income populations, or indigenous peoples.

List of Subjects
40 CFR Part 1036
Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Greenhouse gases, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.

40 CFR Part 1037
Administrative practice and procedure, Air pollution control, Confidential business information, Environmental protection, Incorporation by reference, Labeling, Motor vehicle pollution, Reporting and recordkeeping requirements, Warranties.

Andrew Wheeler,
Administrator.

For the reasons set out in the preamble, we propose to amend title 40, chapter I of the Code of Federal Regulations as set forth below.

PART 1036--CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES
1.  The authority citation for part 1037 continues to read as follows:
Authority: 42 U.S.C. 7401 - 7671q.

2.  Amend §1036.150 by adding paragraph (r) to read as follows:
§1036.150  Interim provisions.
*	*	*	*	*
(r) Carryover fuel maps. You may use fuel maps from model year 2021 engines for certifying model year 2022 and later vehicles using carryover provisions in §1036.235(d), even if the specified version of the GEM simulation tool to generate duty cycles for fuel mapping changes for those later model years.

PART 1037 -- CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES
3.  The authority citation for part 1037 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.

4. Amend §1037.150 by adding paragraph (bb) to read as follows:
§1037.150  Interim provisions.
*	*	*	*	*
(bb) Transition to updated GEM. Vehicle manufacturers may demonstrate compliance with Phase 2 GHG standards in model year 2021 vehicles using GEM Phase 2, Version 3.5.1 (incorporated by reference in §1037.810). Each vehicle manufacturer must use a single version of GEM for all its model year 2021 families. Vehicle manufacturers may use GEM Phase 2, Version 3.5.1 for later model years only to certify vehicle families from model year 2021 that qualify for using carryover provisions in §1037.235(d).

5. Amend §1037.520 by revising the introductory text and paragraph (j)(1) and adding paragraph (o) to read as follows:
§1037.520  Modeling CO2 emissions to show compliance for vocational vehicles and tractors.
This section describes how to use the Greenhouse gas Emissions Model (GEM) (incorporated by reference in §1037.810) to show compliance with the CO2 standards of §§1037.105 and 1037.106 for vocational vehicles and tractors.  Use GEM version 2.0.1 to demonstrate compliance with Phase 1 standards; use GEM Phase 2, Version 3.8 to demonstrate compliance with Phase 2 standards.  Use good engineering judgment when demonstrating compliance using GEM.  See §1037.515 for calculation procedures for demonstrating compliance with trailer standards.
*	*	*	*	*
(j) 	*	*	*
(1) Intelligent controls. Enter 2 for tractors with predictive cruise control.  This includes any cruise control system that incorporates satellite-based global-positioning data for controlling operator demand. For tractors without predictive cruise control and for all vocational vehicles, enter 1.5 if they have neutral coasting, unless good engineering judgment indicates that a lower percentage should apply.
*	*	*	*	*
(o) Adjusting results for updated GEM. Adjust composite results from GEM Phase 2, Version 3.8 using the following equation to account for modeling changes relative to GEM Phase 2, Version 3.0:
eCO2Adjusted= eCO21+AF
   Eq. 1037.520-1
Where:
eCO2 =  FEL CO2 Emissions from GEM.
AF = the adjustment factor from the following table:
      Table 10 of §1037.520 --
      Adjustment Factors for Composite Results from GEM Phase 2, Version 3.8
                            Regulatory Subcategory
                               Adjustment Factor

                                 MY 2022-2023
                                 MY 2024-2026
                               MY 2027-and-later
Class 7 Day Cab Low Roof
                                    -0.0104
                                    -0.0090
                                    -0.0094
Class 7 Day Cab Mid Roof
                                    -0.0106
                                    -0.0084
                                    -0.0097
Class 7 Day Cab High Roof
                                    -0.0088
                                    -0.0084
                                    -0.0090
Class 8 Day Cab Low Roof
                                    -0.0062
                                    -0.0079
                                    -0.0068
Class 8 Sleeper Cab Low Roof
                                    -0.0014
                                    -0.0015
                                    -0.0016
Class 8 Day Cab Mid Roof
                                    -0.0059
                                    -0.0062
                                    -0.0064
Class 8 Sleeper Cab Mid Roof
                                    -0.0013
                                    0.0000
                                    0.0000
Class 8 Day Cab High Roof
                                    -0.0058
                                    -0.0062
                                    -0.0066
Class 8 Sleeper Cab High Roof
                                    -0.0013
                                    -0.0014
                                    -0.0016
Class 8 Heavy Haul
                                    -0.0076
                                    -0.0080
                                    -0.0062
Multi-Purpose Light HDV Compression-ignition
                                    0.0000
                                    -0.0029
                                    0.0000
Regional Light HDV Compression-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Urban Light HDV Compression-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Multi-Purpose Medium HDV Compression-ignition
                                    -0.0038
                                    0.0000
                                    0.0000
Regional Medium HDV Compression-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Urban Medium HDV Compression-ignition
                                    -0.0034
                                    -0.0037
                                    0.0000
Multi-Purpose Heavy HDV Compression-ignition
                                    0.0038
                                    0.0041
                                    0.0043
Regional Heavy HDV Compression-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Urban Heavy HDV Compression-ignition
                                    0.0065
                                    0.0071
                                    0.0037
Multi-Purpose Light HDV Spark-ignition
                                    0.0000
                                    0.0000
                                    -0.0027
Regional Light HDV Spark-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Urban Light HDV Spark-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Multi-Purpose Medium HDV Spark-ignition
                                    0.0000
                                    0.0000
                                    0.0000
Regional Medium HDV Spark-ignition
                                    0.0000
                                    0.0000
                                    0.0040
Urban Medium HDV Spark-ignition
                                    0.0030
                                    0.0032
                                    0.0034
School bus
                                    -0.0034
                                    -0.0034
                                    0.0000
Motor home
                                    0.0000
                                    0.0000
                                    0.0000
Coach bus
                                    0.0000
                                    0.0000
                                    0.0049
Other bus
                                    0.0067
                                    0.0067
                                    0.0000
Refuse hauler
                                    0.0096
                                    0.0096
                                    0.0034
Concrete mixer
                                    0.0125
                                    0.0125
                                    0.0127
Mixed-use vehicle
                                    0.0125
                                    0.0125
                                    0.0127
Emergency vehicle
                                    0.0123
                                    0.0123
                                    0.0125

6. Amend §1037.810 by revising paragraph (c) to read as follows:
§1037.810  Incorporation by reference.
*	*	*	*	*
(c) U.S. EPA, Office of Air and Radiation, 2565 Plymouth Road, Ann Arbor, MI 48105, www.epa.gov.
   (1) Greenhouse gas Emissions Model (GEM), Version 2.0.1, September 2012 ("GEM version 2.0.1"), IBR approved for §1037.520.
   (2) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.5.1, November 2020 ("GEM Phase 2, Version 3.5.1"); IBR approved for §1037.150(bb).
   (3) Greenhouse gas Emissions Model (GEM) Phase 2, Version 3.8, November 2020 ("GEM Phase 2, Version 3.8"); IBR approved for §1037.520.
   (4) GEM's MATLAB/Simulink Hardware-in-Loop model, Version 3.8, December 2020 ("GEM HIL model"); IBR approved for §1037.550(a).
   (5) The computer code for these models is available as noted in paragraph (a) of this section. A working version of the software is also available for download at https://www.epa.gov/regulations-emissions-vehicles-and-engines/greenhouse-gas-emissions-model-gem-medium-and-heavy-duty.
*	*	*	*	*


Memorandum to Docket EPA-HQ_OAR-2007-0492

FROM:  Beth Hassett-Sipple, EPA/OAQPS

RE:  	   Meeting with the American Petroleum Institute

DATE:    August 16, 2010

On July 27, 2010, EPA held a meeting with representatives from the
American Petroleum Institute.  The topics discussed were the second
draft Policy Assessment for the Review of the Particulate Matter
National Ambient Air Quality Standards (June 2010), the current schedule
for rulemaking activities related to the PM NAAQS review, and the
current schedule for next ozone NAAQS review.

Attendees included:

Ted Steichen, API

Doug Deason, Exxon Mobil

Julie Goodman, Gradient

Charlie Bennett, Marathon

Lydia Wegman, EPA

Karen Martin, EPA

Beth Hassett-Sipple, EPA

Marc Pitchford, NOAA

Vicki Sandiford, EPA

Pradeep Rajan, EPA

Scott Jenkins, EPA

Zach Pekar, EPA


[Federal Register: February 15, 2007 (Volume 72, Number 31)]
[Notices]
[Page 7486]
[DOCID:fr15fe07-115]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

Federal Register Citation of Previous Announcement: [To be Published].

Status: Closed meeting.

Place: 100 F Street, NE., Washington, DC.

Announcement of Additional Meeting: Additional Meeting (Week of
February 12, 2007).
    A Closed Meeting has been scheduled for Tuesday, February 13, 2007
at 12:30 p.m.
    Commissioners and certain staff members who have an interest in the
matter will attend the Closed Meeting.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion as set forth in 5 U.S.C. 552b(c)(10) and
17 CFR 200.402(a)(10), permit consideration of the scheduled matter at
the Closed Meeting.
    Commissioner Campos as duty officer, voted to consider the item
listed for the closed meeting in closed session, and determined that no
earlier notice thereof was possible.
    The subject matter of the Closed Meeting scheduled for Tuesday,
February 13, 2007 will be:
    An adjudicatory matter.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: February 12, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. 07-725 Filed 2-13-07; 11:06 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Page 94364]
[FR Doc No: 2016-30977]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-544-000]

Beacon Solar 1, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Beacon Solar 1, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 4, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: December 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-30977 Filed 12-22-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Proposed Rules]
[Pages 70488-70491]
[FR Doc No: 2014-28051]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0905]
RIN 1625-AA08

Special Local Regulation; Bradenton Area Riverwalk Regatta;
Manatee River, Bradenton, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Manatee River in Bradenton, Florida
during the Bradenton Area Riverwalk Regatta. The race is scheduled to
take place annually from 11:00 a.m. to 4:30 p.m. on the first Saturday
of February. The proposed special local regulation is necessary to
protect the safety of race participants, participant vessels,
spectators, and the general public on the navigable waters of the
United States during the event. The special local regulation would
restrict vessel traffic in the waters of the Manatee River in the
vicinity of Bradenton, Florida. It would establish the following two
areas: Enforcement areas #1 and #2, where all persons and vessels,
except those persons and vessels participating in the high speed boat
races and those vessels enforcing the areas, are prohibited from
entering, transiting through, anchoring in, or remaining within.

DATES: Comments and related material must be received by the Coast
Guard on or before December 26, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Hector I. Fuentes,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your

comment, it will be considered as having been received by the Coast
Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0657 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0905 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is proposing to establish this Special Local
Regulation on the waters of the Manatee River in Bradenton, Florida
during the Bradenton Area Riverwalk Regatta. The race is scheduled to
take place annually from approximately 11:00 a.m. to 4:30 p.m. during
the first Saturday of February. This proposed rule is necessary to
protect the safety of race participants, participant vessels,
spectators, and the general public on the navigable waters of the
United States during the event.

C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish special local regulations: 33 U.S.C. 1233.
    The purpose of the proposed rule is to provide for the safety of
life on navigable waters of the United States during the Bradenton Area
Riverwalk Regatta.

D. Discussion of Proposed Rule

    This proposed rule is necessary to establish a special local
regulation that will encompass certain waters of the Manatee River in
Bradenton, Florida. The proposed special local regulations will be
enforced from approximately 11:00 a.m. to 4:30 p.m. normally occurring
annually during the first Saturday of February. The proposed special
local regulations will establish the following two areas: Enforcement
areas #1 and #2, where all persons and vessels, except those persons
and vessels participating in the high speed boat races and those
vessels enforcing the areas, are prohibited from entering, transiting
through, anchoring in, or remaining within.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the enforcement areas by
contacting the Captain of the Port St. Petersburg by telephone at (727)
824-7506, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the enforcement areas is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.

E. 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 or executive orders.
1. Regulatory Planning and Review
    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The special local regulations would be
enforced for only five and a half hours; (2) although persons and
vessels are prohibited to enter, transit through, anchor in, or remain
within the enforcement areas without authorization from the Captain of
the Port St. Petersburg or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the enforcement areas during the enforcement period if
authorized by the Captain of the Port St. Petersburg or a designated
representative; and (4) the Coast Guard would provide advance
notification of the special local regulations to the local maritime
community by Local Notice to Mariners, Broadcast Notice to Mariners
and/or on-scene designated representatives.
2. Impact on Small Entities
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    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.

3. Assistance for Small Entities
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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 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.
4. Collection of Information
    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. Protest Activities
    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
    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.
12. Energy Effects
    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
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.

F. List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.722 to read as follows:

Sec.  100.722  Special Local Regulations; Bradenton Area Riverwalk
Regatta, Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Enforcement Area #1. All waters of the Manatee River between
the Green Bridge and the CSX Train Trestle contained within the
following points: 27[deg]30.73' N, 82[deg]34.37' W, thence to position
27[deg]30.73' N, 82[deg]34.13' W, thence to position 27[deg]29.97' N,
82[deg]34.27' W, thence to position 27[deg]29.59' N, 82[deg]34.07' W,
thence back to the original position, 27[deg]30.73' N, 82[deg]34.37' W.
    (2) Enforcement Area #2. All waters of the Manatee River contained
within the following points: 27[deg]30.58' N, 82[deg]34.62' W, thence
to position 27[deg]30.58' N, 82[deg]34.43' W, thence to position
27[deg]30.43' N, 82[deg]34.43' W, thence to position 27[deg]30.43' N,
82[deg]34.62' W, thence back to the original position, 27[deg]30.58' N,
82[deg]34.62' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
areas unless an authorized race participant.
    (2) Designated representatives may control vessel traffic
throughout the

regulated areas as determined by the prevailing conditions.
    (3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated areas by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16.
    (4) If authorization is granted by the Captain of the Port St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port St. Petersburg or a designated representative.
    (d) Enforcement Date. This rule will be enforced from 11:00 a.m. to
4:30 p.m. on the first Saturday of February.

    Dated: November 3, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-28051 Filed 11-25-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Page 36247]
[FR Doc No: 2015-15481]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

National Emission Standards for Hazardous Air Pollutants for
Source Categories

CFR Correction

    In Title 40 of the Code of Federal Regulations, Part 63 (Sec.
63.8980 to end of part 63), revised as of July 1, 2014, on page 244, in
Sec.  63.10686, paragraph (e) is reinstated to read as follows:

Sec.  63.10686  What are the requirements for electric arc furnaces and
argon-oxygen decarburization vessels?

* * * * *
    (e) You must monitor the capture system and PM control device
required by this subpart, maintain records, and submit reports
according to the compliance assurance monitoring requirements in 40 CFR
part 64. The exemption in 40 CFR 64.2(b)(1)(i) for emissions
limitations or standards proposed after November 15, 1990 under section
111 or 112 of the CAA does not apply. In lieu of the deadlines for
submittal in 40 CFR 64.5, you must submit the monitoring information
required by 40 CFR 64.4 to the applicable permitting authority for
approval by no later than the compliance date for your affected source
for this subpart and operate according to the approved plan by no later
than 180 days after the date of approval by the permitting authority.

[FR Doc. 2015-15481 Filed 6-23-15; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23546-23547]
[FR Doc No: 2016-09243]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0029]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    In accordance with part 235 of Title 49 Code of Federal Regulations
(CFR) and 49 U.S.C. 20502(a), this document provides the public notice
that by a document dated February 26, 2016, the Canadian Pacific
Railway (CP) petitioned the Federal Railroad Administration (FRA)
seeking approval for the discontinuance or modification of a signal
system. FRA assigned the petition Docket Number FRA-2016-0029.
    Applicant: Canadian Pacific Railway, Ms. Cindy Ingram, Director S&C
Maintenance--Southern Region, 3420 Miller Avenue, Davenport, IA 52802.
    CP seeks approval of the discontinuance of the automatic block
signal system in the Nahant Yard area from Milepost (MP) 194 to MP
198.6. The system spans two subdivisions: The Davenport Subdivision
from MP 194 to MP 195.5 and the Ottumwa Subdivision from MP 195.51 to
MP198.6, on the Quad Cities Division in Nahant, IA.
    The reason for the request is to relieve congestion caused by the
authority of the yard limits extending south of the current absolute
signal located at MP 196.6. The block south of the absolute signal at
MP 196.6, being occupied by yard operations, prevents the dispatcher
from clearing signals northward at Control Point Montpelier at MP
205.5. This requires trains to stop while occupying highway-rail grade
crossings and hand-line their route before proceeding northward.
    With this discontinuance, the signals at MP 194 and MP 194.18 will
be removed. The signals at MP196.5-6 will be relocated to MP 198.6-7,
at the south end of Nahant Yard limits with a distant signal installed.
The portion of track from MP193.0 to MP198.6 will be governed under the
General Code of Operating Rules, Rule 6.13, Yard Limits, to protect
train movements.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 6, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
See also http://

www.regulations.gov/#!privacyNotice for the privacy notice of
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2016-09243 Filed 4-20-16; 8:45 am]
 BILLING CODE 4910-06-P