[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4438-4439]
[DOCID:fr27ja10-136]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61389; File No. SR-BX-2010-002]

 Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Amend Rule 2342 To Reflect Changes to
Corresponding FINRA Rule

January 20, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 5, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'' or ``BX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Exchange has designated
the proposed rule change as constituting a non-controversial rule
change under Rule 19b-4(f)(6) under the Act,\3\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing this proposed rule change to amend BX Rule
2342 to reflect recent changes to a corresponding rule of the Financial
Industry Regulatory Authority (``FINRA''). BX will implement the
proposed rule change thirty days after the date of the filing. The text
of the proposed rule change is available at http://
nasdaqomxbx.cchwallstreet.com, at the Exchange's principal office, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Many of BX's rules are based on rules of FINRA (formerly the
National Association of Securities Dealers (``NASD'')). During 2008,
FINRA embarked on an extended process of moving rules formerly
designated as ``NASD Rules'' into a consolidated FINRA rulebook. In
most cases, FINRA has renumbered these rules, and in some cases has
substantively amended them. Accordingly, BX also proposes to initiate a
process of modifying its rulebook to ensure that BX rules corresponding
to FINRA/NASD rules continue to mirror them as closely as practicable.
In some cases, it will not be possible for the rule numbers of BX

rules to mirror corresponding FINRA rules, because existing or planned
BX rules make use of those numbers. However, wherever possible, BX
plans to update its rules to reflect changes to corresponding FINRA
rules.
    This filing addresses BX Rule 2342, which sets forth requirements
for providing information regarding the Securities Investor Protection
Corporation (``SIPC'') to customers, and which formerly corresponded to
NASD 2342. In SR-FINRA-2009-016,\4\ FINRA re-designated that rule as
FINRA Rule 2266 with no material change. FINRA Rule 2266 requires
members, with certain exceptions, to advise all new customers that they
may obtain information about SIPC by contacting SIPC, and to provide
SIPC's web site address and telephone numbers.
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    \4\ Securities Exchange Act Release No. 59987 (May 27, 2009), 74
FR 1069 [sic] (June 4, 2009) (SR-FINRA-2009-016).
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    BX is adopting the new FINRA rule in full and is re-designating the
rule as BX Rule 2266, to correspond to the new FINRA rule number.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(5) of the Act,\6\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and 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 proposed
changes will conform BX Rule 2342 to recent changes made to a
corresponding FINRA rule, to promote application of consistent
regulatory standards.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2010-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2010-002. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal offices
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-BX-2010-002, and
should be submitted on or before February 17, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-1605 Filed 1-26-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Rules and Regulations]
[Pages 54488-54489]
[FR Doc No: 2023-17413]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0222]

Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of temporary deviation from regulations;
cancellation.

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SUMMARY: The Coast Guard is canceling the temporary deviation
concerning the Florida East Coast (FEC) Railroad Bridge, mile 7.41, and
the NW Dixie Highway Bridge, mile 7.5, across the Okeechobee Waterway
(OWW), at Stuart, Florida. The cancellation will allow the Coast Guard
to review and adjudicate the comments posted to determine whether this
temporary deviation would meet the safe and reasonable needs of
navigation while taking into consideration competing modes of
transportation.

DATES: The temporary deviation published on June 8, 2023, 88 FR 37470,
is cancelled as of August 11, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2022-0222) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this
cancellation, call or email Ms. Jennifer Zercher, Bridge Management
Specialist, Seventh Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: On June 8, 2023, we published a temporary
deviation entitled ``Drawbridge Operation Regulation; Okeechobee
Waterway, Stuart, FL'' in the Federal Register (88 FR 37470). The
temporary deviation concerned the anticipated significant increase in
railway activity across the FEC Railroad Bridge and the anticipated
negative impact on safe and reasonable navigation under the current
operating regulation. Given this concern, the Coast Guard issued a
temporary deviation to the FEC Railroad Bridge and the adjacent NW
Dixie Highway Bridge to allow the drawbridges to operate in concert and
on a more predictable schedule. This action was taken to assist the
Coast Guard in determining an operating schedule that would meet the
safe and reasonable needs of navigation, taking into consideration
other modes of transportation. This deviation from the operating
regulations was authorized pursuant to 33 CFR 117.35(a).
    This temporary deviation is being cancelled to allow the Coast
Guard to review and adjudicate the comments posted to determine whether
this temporary deviation would meet the safe and reasonable needs of
navigation while taking into consideration competing modes of
transportation. If we determine this temporary deviation was not
effective, a second temporary deviation will be published in the
Federal Register to test an alternate operating schedule. The NW Dixie
Hwy Bridge has been removed from this docket to allow the Coast Guard
to commence separate rulemaking for the highway bridge to operate on
demand. In accordance with 33 CFR 117.35(e), the FEC Railroad Bridge
must return to its regular operating schedule immediately upon the
cancellation date of this deviation.

    Dated: August 4, 2023.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2023-17413 Filed 8-10-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 75 (Friday, April 18, 2014)]
[Rules and Regulations]
[Pages 21849-21852]
[FR Doc No: 2014-08742]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0683; FRL-9909-66-Region 9]

Revisions to the California State Implementation Plan, El Dorado
County Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of revisions to the El Dorado County Air Quality Management
District (EDAQMD) portion of the California State Implementation Plan
(SIP). This action was proposed in the Federal Register on October 25,
2013 and concerns negative declarations for volatile organic compound
(VOC) source categories for EDAQMD. We are approving these negative
declarations under the Clean Air Act (CAA or the Act).

DATES: This rule will be effective on May 19, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0683 for
this action. Generally, documents in the

docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California 94105-3901. While all documents in
the docket are listed at http://www.regulations.gov, some information
may be publicly available only at the hard copy location (e.g.,
copyrighted material, large maps, multi-volume reports), and some may
not be available in either location (e.g., confidential business
information (CBI)). To inspect the hard copy materials, please schedule
an appointment during normal business hours with the contact listed in
the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, EPA Region IX, (415)
947-4122<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On October 25, 2013 (78 FR 63934), EPA proposed to approve the
following document into the California SIP.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Local agency                                                  Document                                    Adopted         Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
EDAQMD.........................................  EDAQMD Reasonably Available Control Technology (RACT) State                  02/06/07         07/11/07
                                                  Implementation Plan (SIP) Update Analysis Staff Report (``2006 RACT
                                                  SIP'').
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On March 13, 2014 (79 FR 14176), we finalized approval of EDAQMD's
2006 RACT SIP. Included in EDAQMD's submittal were a number of negative
declarations. Ozone nonattainment areas classified at moderate and
above are required to adopt VOC regulations for the published Control
Technique Guidelines (CTG) categories and for major non-CTG sources of
VOC or NOx. If an ozone nonattainment area does not have stationary
sources covered by an EPA published CTG, then the area is required to
submit a negative declaration. We proposed approval of EDAQMD's
negative declarations listed in Table 1 below because we determined
that they complied with the relevant CAA requirements. This action
finalizes our approval of EDAQMD's negative declarations into the SIP.
Our proposed action contains more information on the submitted document
and our evaluation.

                                      Table 1--EDAQMD Negative Declarations
----------------------------------------------------------------------------------------------------------------
             CTG Source category                                      CTG Document title
----------------------------------------------------------------------------------------------------------------
Aerospace...................................  EPA-453/R-97-004--Control of VOC Emissions from Coating Operations
                                               at Aerospace Manufacturing and Rework.
Automobile Coating; Metal Coil Container, &   EPA-450/2-77-008--Control of Volatile Organic Emissions from
 Closure; Paper & Fabric.                      Existing Stationary Sources--Volume II Surface Coating of Cans,
                                               Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks.
Large Appliances............................  EPA-450/2-77-034--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume V: Surface Coating of Large
                                               Appliances.
Magnet Wire.................................  EPA-450/2-77-033--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume IV: Surface Coating of
                                               Insulation of Magnet Wire.
Metal Furniture.............................  EPA-450/2-77-032--Control of Volatile Organic Emissions from
                                               Existing Stationary Sources, Volume III: Surface Coating of Metal
                                               Furniture.
Ships.......................................  61 FR 44050 Shipbuilding and Ship Repair Operations (Surface
                                               Coating).
Wood Coating: Factory Surface Coating of      EPA-450/2-78-032--Control of Volatile Organic emissions from
 Flat Wood Paneling.                           Existing Stationary Sources, Volume VII: Factory Surface Coating
                                               of Flat Wood Paneling.
Wood Furniture..............................  EPA-453/R-96-007--Control of VOC Emissions from Wood Furniture
                                               Manufacturing Operations.
Natural Gas/Gasoline........................  EPA-450/2-83-007--Control of VOC Equipment Leaks from Natural Gas/
                                               Gasoline Processing Plants.
Refineries..................................  EPA-450/2-77-025--Control of Refinery Vacuum Producing Systems,
                                               Wastewater Separators, and Process Unit Turnarounds.
                                              EPA-450/2-78-036--Control of VOC Leaks from Petroleum Refinery
                                               Equipment.
Synthetic Organic Chemical..................  EPA-450/3-84-015--Control of VOC Emissions from Air Oxidation
                                               Processes in Synthetic Organic Chemical Manufacturing Industry.
                                              EPA-450/4-91-031--Control of VOC Emissions from Reactor Processes
                                               and Distillation Operations in SOCMI.
Tanks.......................................  EPA-450/2-77-036--Control of VOC Emissions from Storage of
                                               Petroleum Liquids in Fixed Roof Tanks.
                                              EPA-450/2-78-047--Control of VOC Emissions from Petroleum Liquid
                                               Storage in External Floating Roof Tanks.
Dry Cleaning................................  EPA-450/3-82-009--Control of VOC Emissions from Large Petroleum
                                               Dry Cleaners.
Pharmaceutical Products.....................  EPA-450/2-78-029--Control of Volatile Organic Emissions from
                                               Manufacture of Synthesized Pharmaceutical Products.
Polyester Resin.............................  EPA-450/3-83-008--Control of VOC Emissions from Manufacture of
                                               High-Density Polyethylene, Polypropylene, and Polystyrene Resins.
                                              EPA-450/3-83-006--Control of VOC Fugitive Emissions from Synthetic
                                               Organic Chemical Polymer and Resin Manufacturing Equipment.
Rubber Tires................................  EPA-450/2-78-030--Control of Volatile Organic Emissions from
                                               Manufacture of Pneumatic Rubber Tires.
----------------------------------------------------------------------------------------------------------------

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments on the proposed approval of
El Dorado County's negative declarations.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, EPA is fully approving these negative
declarations into the California SIP.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 17, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: March 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52 [AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.222 is amended by adding paragraph (a)(7)(iii) to read as
follows:

Sec.  52.222  Negative declarations.

* * * * *
    (a) * * *
    (7) * * *
    (iii) Control of VOC Emissions from Coating Operations at Aerospace
Manufacturing and Rework; Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and Light-Duty Trucks; Control of Volatile
Organic Emissions from Existing Stationary Sources, Volume V: Surface
Coating of Large Appliances; Control of Volatile Organic Emissions from
Existing Stationary Sources, Volume IV: Surface Coating of Insulation
of Magnet Wire; Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume III: Surface Coating of Metal Furniture; 61
FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating);
Control of Volatile Organic emissions from Existing Stationary Sources,
Volume VII: Factory Surface Coating of Flat Wood Paneling; Control of
VOC Emissions from Wood Furniture Manufacturing Operations; Control of
VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants;
Control of Refinery Vacuum Producing Systems, Wastewater Separators,
and Process Unit Turnarounds; Control of VOC Leaks from Petroleum
Refinery Equipment; Control of VOC Emissions from Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry; Control
of VOC Emissions from Reactor Processes and Distillation Operations in
SOCMI; Control of VOC Emissions from Storage of Petroleum Liquids in
Fixed Roof Tanks; Control of VOC Emissions from Petroleum Liquid
Storage in External Floating Roof Tanks; Control of VOC Emissions from
Large Petroleum Dry Cleaners; Control of Volatile Organic Emissions
from Manufacture of Synthesized Pharmaceutical Products; Control of VOC
Emissions from Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins; Control of VOC Fugitive Emissions from
Synthetic Organic Chemical Polymer and Resin Manufacturing Equipment;
and Control

of Volatile Organic Emissions from Manufacture of Pneumatic Rubber
Tires were submitted on July 11, 2007 and adopted on February 6, 2007.
* * * * *

[FR Doc. 2014-08742 Filed 4-17-14; 8:45 am]
BILLING CODE 6560-50-P