[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30906-30908]
[FR Doc No: 2014-12425]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72229; File No. SR-Phlx-2014-35]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Reporting of Accounts

May 22, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 12, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II and III, below,
which Items have been prepared by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 1022 (``Securities Accounts and
Orders of Specialists and Registered Options Traders'') to require
firms to report all of the accounts for which they engage in trading
activities or which they exercise investment discretion upon request,
rather than on a continuing basis.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 1022, entitled ``Securities
Accounts and Orders of Specialists and Registered Options Traders,''
regarding the identification and filing of a list of accounts
identifying all accounts in which a Specialist \3\ or Registered
Options Trader \4\ may engage in trading activity for or over which
they exercise investment discretion. This filing is similar to Chicago
Board Options Exchange (``CBOE'') rule 8.9.
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    \3\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a). An options Specialist
includes a Remote Specialist which is defined as an options
specialist in one or more classes that does not have a physical
presence on an Exchange floor and is approved by the Exchange
pursuant to Rule 501.
    \4\ A Registered Option Trader (``ROT'') is defined in Exchange
Rule 1014(b) as a regular member of the Exchange located on the
trading floor who has received permission from the Exchange to trade
in options for his own account. A ROT includes SQTs and RSQTs as
well as on and off-floor ROTS.
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    The Exchange is proposing to make the change in order eliminate the
obligation for members or member organizations (collectively
``member'') to continuously provide nonessential regulatory
documentation. The Exchange would retain the ability to request the
information from the member upon request when needed.
    The Exchange recognizes the importance of requiring Specialists and
ROTs to keep a current list of all accounts for stock, options, or
related securities or physical commodities or other derivatives which
they trade or over which they have discretion. The proposed rule change
would require members to keep this information accessible and updated.
However, it should be noted, that the Exchange does not have an
immediate and ongoing regulatory need for the information described
herein. The information which is required, should be available to
members today if requested by the Exchange. If the Exchange requests
such information today, the Exchange may utilize other rules \5\ to
request the information that is being provided today to CBOE pursuant
to its rule 8.9. The Exchange believes this proposed rule will make
clear that account identification information for Specialists and ROTs
is to be retained by and should be provided to the Exchange upon
request.
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    \5\ Rule 960.2(b) Cooperation with Investigation or Examination
and Rule 760 Maintenance, Retention and Furnishing of Books, Records
and Other Information.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange 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 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. This proposed
change will remove an impediment to a free and open market by
eliminating an unnecessary ongoing reporting process to PHLX members
which is not required of members conducting similar transactions on
CBOE and will retain the regulatory obligation to provide the
information when needed in order to effectively regulate the market.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers as this requirement continues
to apply to both Specialists and ROTs.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Phlx does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change does not
impose any burden on intramarket competition because it applies to all
members and member organizations. There is no burden on intermarket
competition as the proposed change is merely attempting to remove an
additional reporting document that the Exchange will continue to
require members to retain and produce upon request.

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

    No written comments were either solicited or 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)(ii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 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 summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in

the public interest; (ii) for the protection of investors; or (iii)
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.
The Exchange has provided the Commission written notice of its intent
to file the proposed rule change, along with a brief description and
text of the proposed rule change, at least five business days prior to
the date of filing of the proposed rule change.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2014-35 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-Phlx-2014-35. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2014-35 and should be
submitted on or before June 19, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-12425 Filed 5-28-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8414-8415]
[FR Doc No: 2017-01639]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2532-008; ER10-2534-002; ER10-2535-003.

    Applicants: Crescent Ridge LLC, Kumeyaay Wind LLC, Mendota Hills,
LLC.
    Description: Notice of Non-Material Change in Status of Crescent
Ridge LLC, et. al.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5142.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER13-764-016; ER14-1927-004; ER12-2498-016; ER12-
2499-016; ER14-1776-007; ER12-1566-010; ER14-1548-009; ER11-3987-011;
ER17-382-001; ER17-383-001; ER17-384-001; ER12-199-013.
    Applicants: CED White River Solar, LLC, CED White River Solar 2,
LLC, Alpaugh 50, LLC, Alpaugh North, LLC, Broken Bow Wind II, LLC,
Copper Mountain Solar 2, LLC, Copper Mountain Solar 3, LLC, Mesquite
Solar 1, LLC, CED Ducor Solar 1, LLC, CED Ducor Solar 2, LLC, CED Ducor
Solar 3, LLC, Coram California Development, L.P.
    Description: Notice of Non-Material Change in Status of the
Consolidated Edison, Inc. subsidiaries.
    Filed Date: 1/17/17.
    Accession Number: 20170117-5316.
    Comments Due: 5 p.m. ET 2/7/17.

    Docket Numbers: ER15-2356-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance filing: MidAmerican Energy Company Att AH
SA Substitute 2725R1 to be effective 10/1/2015.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5052.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER17-434-001.
    Applicants: Alcoa Power Generating Inc.
    Description: Tariff Amendment: Supplement to Executed TSA for
Native Load Customer--APGI (Long Sault) & Alcoa to be effective 11/1/
2016.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5091.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER17-435-001.
    Applicants: Alcoa Power Generating Inc.
    Description: Tariff Amendment: Supplement to Executed TSA for
Native Load Customer--APGI (Tapoco) & Arconic to be effective 11/1/
2016.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5093.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER17-438-001.
    Applicants: Alcoa Power Generating Inc.
    Description: Tariff Amendment: Supp to Executed TSA for Native Load
Customer--APGI (Long Sault) & Arconic to be effective 11/1/2016.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5092.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER17-644-001.
    Applicants: Talen Energy Marketing, LLC.
    Description: Tariff Amendment: Amended Market-Based Rate Tariff to
be effective 3/20/2017.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5086.
    Comments Due: 5 p.m. ET 2/8/17.

    Docket Numbers: ER17-645-001.
    Applicants: Talen Montana, LLC.
    Description: Tariff Amendment: Amended Revised Market-Base Rate
Tariff to be effective 3/20/2017.
    Filed Date: 1/18/17.
    Accession Number: 20170118-5094.
    Comments Due: 5 p.m. ET 2/8/17.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH17-6-000.
    Applicants: Consolidated Edison, Inc.
    Description: Consolidated Edison, Inc. submits FERC 65-B Material
Change in Facts of Waiver Notification.
    Filed Date: 1/17/17.
    Accession Number: 20170117-5318.
    Comments Due: 5 p.m. ET 2/7/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 18, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01639 Filed 1-24-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31982-31984]
[FR Doc No: 2019-14227]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0157]

Agency Information Collection Activities; Revision of an Approved
Information Collection: Training Certification for Entry-Level
Commercial Motor Vehicle Operators

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. FMCSA requests approval
to revise an ICR titled ``Training Certification for Entry-Level
Commercial Motor Vehicle Operators,'' which will now be used to
register providers of entry-level driver training and to provide State
Drivers' Licensing Agencies with information on individuals who have
completed said training. If approved, this revision would obviate the
need for FMCSA to seek renewal on the ICR.

DATES: We must receive your comments on or before September 3, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2019-0157 using any of the
following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Pearlie Robinson, Driver and Carrier
Operations Division, Department of Transportation, Federal Motor
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
(49 U.S.C. 31301 et seq.) established the commercial driver's license
(CDL) program and directed the Federal Highway Administration (FHWA),
FMCSA's predecessor agency, to establish minimum qualifications for
issuance of a CDL. These standards were published by FHWA originally in
1985. On May 21, 2004, FMCSA prohibited a motor carrier from allowing
an entry-level driver to operate a commercial motor vehicle until it
received a written certificate that the driver received training in
four specified subject areas (driver qualifications, hours-of-service
of drivers, driver wellness, and whistleblower protection) (69 FR
29384). That final rule established the collection of information that
is the subject of this request. The most recent renewal for this
collection is set to expire on April 30, 2020.
    On July 6, 2012, President Obama signed legislation titled the
``Moving Ahead for Progress in the 21st Century Act'' (MAP-21) (Pub. L.
112-141, 126 Stat. 405, 791). Section 32304 of MAP-21 directed FMCSA to
develop and establish minimum driver training standards for applicants
for a CDL and/or certain CDL endorsements. On December 8, 2016, FMCSA
published a final rule revising entry-level driver training
requirements (81 FR 88732), implementing Section 32304 of MAP-21. That
final rule eliminated the existing driver training regulations under
subpart E of part 380, established new minimum training standards for
entry-level drivers, and in doing so established two separate
information collection actions: (1) Training providers must submit
information to FMCSA to ensure that they meet the new training provider
eligibility requirements and can therefore be listed on a new Training
Provider Registry (TPR); and (2) after an individual driver-trainee
completes training administered by a training provider listed on the
TPR, that training provider must submit training certification
information regarding the driver-trainee to the TPR. However, because
the compliance dates for that final rule were set as three years after
its publication, FMCSA did not, at that time, revise the collection of
information to reflect these two new provisions, opting to provide an
update at the time of the next renewal for the collection.
Subsequently, on March 6, 2019, FMSCA published a separate final rule
titled ``Commercial Driver's License Upgrade from Class B to Class A''
(84 FR 8029), that amended the ELDT regulations that were published on
December 8, 2016, by adopting a new Class A CDL theory instruction
upgrade curriculum to reduce the training time and costs incurred by
Class B CDL holders upgrading to a Class A CDL. This March 6, 2019,
final rule does not substantively affect the paperwork collection
burden associated with the ELDT regulations, therefore no action was
taken to update the collection of information at that time.
    For the purpose of developing and reporting the revised burden
estimates for this ICR, the ``Training Provider Registration''
information collection activities and the ``Driver Training
Certification Information'' information collection activities
(described above) are each addressed below as a separate information
collection (IC), IC-1 and IC-2, respectively. This is done because
although training providers are the respondent in each case, the nature
of the information for each activity is substantively different, with
the ``Training Provider Registration'' IC focused on information
pertaining to training providers, and the ``Driver Training
Certification Information'' IC focused on information pertaining to
individual entry-level drivers. Furthermore, a forthcoming proposed
rule titled ``Partial Extension of Compliance Date for Entry-Level
Driver Training'' (RIN 2126-AC25) would extend by two years, from
February 7, 2020, to February 7, 2022, the compliance date for the
requirement for training providers to submit training certification
information to the TPR for each individual driver-trainee that
completes training. The three-year period covered by this ICR is 2020
through 2022. Therefore, these two ICs would now also occur during
different time frames of the three-year period covered by this ICR. IC-
1 ``Training Provider Registration'' will occur during all three years
2020 through 2022, consistent with the February 7, 2020, compliance
date of the training provider registration provision of the December
2016 ELDT final rule. IC-2 ``Driver Training Certification
Information'' would now occur only during 2022, the final year covered
by this ICR, consistent with the forthcoming proposed rule titled
``Partial Extension of Compliance Date for Entry-Level Driver
Training'' (RIN 2126-AC25).
    Title: Training Certification for Entry-Level Commercial Motor
Vehicle Operators.
    OMB Control Number: 2126-0028.
    Type of Request: Revision of a currently-approved information
collection.

IC-1 (Training Provider Registration)

    Respondents: Training providers.
    Estimated Number of Respondents (average per year): 15,805.
    Estimated Time per Response (average): 1.24 hours.
    Expiration Date: April 30, 2020.
    Frequency of Response: All training providers will need to
initially register once. Additionally, all registered training
providers must update their information at least biennially. They are
also required to provide an update if any key information (company
name, address, phone number, types of training offered, etc.) changes
prior to their biennial update.
    Estimated Total Annual Burden: 21,629 hours.

IC-2 (Driver Training Certification)

    Respondents: Training providers.
    Estimated Number of Respondents (average per year): 6,837.
    Estimated Time per Response: 5 minutes.
    Expiration Date: April 30, 2020.
    Frequency of Response: After an individual driver-trainee completes
training administered by a training provider listed on the TPR, that
training provider must submit training certification information
regarding the driver-trainee to the TPR.
    Estimated Total Annual Burden: 12,946 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

    Issued under the authority of 49 CFR 1.87 on: June 24, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2019-14227 Filed 7-2-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Rules and Regulations]
[Pages 16531-16533]
[FR Doc No: 2021-06135]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0611; FRL-10021-20-Region 6]

Air Plan Approval; Texas; Interstate Visibility Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is disapproving elements of two
State Implementation Plan (SIP) submissions from the State of Texas for
the 2012 PM2.5 National Ambient Air Quality Standard (NAAQS)
and the 2015 Ozone NAAQS. These submittals address how the existing SIP
provides for implementation, maintenance, and enforcement of the 2012
PM2.5 and 2015 Ozone NAAQS (infrastructure SIP or i-SIP).
The i-SIP requirements are to ensure that the Texas SIP is adequate to
meet the state's responsibilities under the CAA for these NAAQS.
Specifically, this disapproval addresses the interstate visibility
transport requirements of the i-SIP for the 2012 PM2.5 and
2015 Ozone NAAQS under CAA section 110(a)(2)(D)(i)(II). In addition to
this disapproval, we are finalizing our determination that the
requirements of those i-SIP elements are met through the Federal
Implementation Plans (FIPs) in place for the Texas Regional Haze
program, and no further federal action is required.

DATES: This rule is effective on April 29, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0611. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jennifer Huser, EPA Region 6 Office,
Regional Haze and SO2 Section,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Out of an abundance of caution for members of
the public and our staff, the EPA Region 6 office will be closed to the
public to reduce the risk of transmitting COVID-19. Please call or
email the contact listed above if you need alternative access to
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
October 27, 2020 proposal (85 FR 68021). In that document, we proposed
to disapprove the interstate visibility transport elements of two SIP
submissions from the State of Texas: One for the 2012 PM2.5
NAAQS and the other for 2015 Ozone NAAQS. We simultaneously proposed,
in exercising our authority under section 110(c) of the Act, to find
that the interstate visibility transport requirements that were
intended to be addressed by those infrastructure SIPs are met through
the Best Available Retrofit Technology (BART)-alternative FIPs already
in place for the Texas Regional Haze program, and that no further
action is required.
    The public comment period for the proposed action closed on
November 27, 2020. We received one public comment concerning our
proposed action. The comment is included in the publicly posted docket
associated with this action at https://www.regulations.gov. Below we
provide a summary of the comment along with our detailed responses.
After careful consideration, we have decided to finalize our action
with no changes from the proposed action.

II. Response to Comments

    Comment: The commenter raised concerns regarding the necessity of
implementing a FIP and stated that a FIP is a good resource for states
that are not complying with requirements for NAAQS set under the CAA.
However, the commenter explains that Texas had submitted multiple SIPs
in which requirements outside of the regional haze and visibility
transport were met. The commenter asserts that the original regional
haze SIP met EPA requirements when it was developed, but the D.C.
Circuit remanded the Clean Air Interstate Rule (``CAIR'') which was a
central part of Texas' SIP. The commenter further contends that when
EPA replaced CAIR with the Cross-State Air Pollution Rule (``CSAPR''),
the FIP imposed requirements on sources in Texas rather than allowing
Texas to find the best method to utilize the new rule and submit a SIP
revision. The commenter asserts that the final regional haze FIP
imposed the trading program for SO2 on specific Electric
Generating Units (EGUs) and did not allow out-of-state trading. By the
time the final regional haze FIP for Texas was issued in 2017, Texas
could have proposed a revised SIP that satisfied the NAAQS requirements
without targeting specific EGUs. The commenter concludes that just
because CSAPR is better than BART does not mean it should be the only
option.
    Response: First, we note that comments regarding CAIR and CSAPR, as
well as EPA's 2012 limited disapproval of the 2009 Texas Regional Haze
SIP or EPA's obligation to promulgate a FIP to address the BART
requirements for EGUs in Texas, are beyond the scope of this action,
and as such, we will not be responding to them. However, because we are
relying on the Texas regional haze FIP to fulfill the visibility
transport requirements, we will address comments only as they are
relevant to the current action. We agree with the commenter that Texas
could have proposed a revised SIP to address the requirements. However,
in response to court deadlines and without a revised Texas SIP
submission, EPA was required to adopt a FIP to address BART. Texas may
submit a SIP to replace the BART FIP at any point, including a SIP that
includes an approach to implementing necessary emission reductions that
is different from the trading program included in EPA's FIP, but the
State has not done so to date.
    EPA further notes that it is not implementing a new FIP in this
action but is instead finding that an existing regional haze FIP also
satisfies the interstate visibility transport requirements in CAA
section 110(a)(2)(D)(i)(II). In our August 12, 2020 final rulemaking on
Texas regional haze,\1\ we affirmed our previous finding that Texas'
participation in CSAPR to satisfy NOX BART and our
SO2 intrastate trading program, as amended, fully addressed
Texas' interstate visibility transport obligations for the following
six NAAQS: (1) 1997 8-hour ozone; (2) 1997 PM2.5 (annual and
24 hour); (3) 2006 PM2.5 (24-hour); (4) 2008 8-hour ozone;
(5) 2010 1-hour NO2; and (6) 2010 1-hour SO2.
This action was based on our determination in the October 2017 FIP that
the regional haze measures in place for Texas are adequate to ensure
that emissions from the State do not interfere with measures to protect
visibility in nearby states, because the emission reductions are
consistent with the level of emissions reductions relied upon by other
states during interstate consultation under 40

CFR 51.308(d)(3)(i)-(iii) and when setting their reasonable progress
goals.\2\ The October 2017 FIP relies on CSAPR for ozone season
NOX as an alternative to EGU BART for NOX, which
exceeds the NOX emission reductions and that other states
relied upon during interstate consultation for the first planning
period.\3\ Similarly, the Texas SO2 intrastate trading
program ensures emission reductions consistent with and below the
emission levels relied upon by other states during interstate
consultation. Accordingly, consistent with our earlier finding that the
October 2017 FIP results in emission reductions adequate to satisfy the
requirements of CAA section 110(a)(2)(D)(i)(II) with respect to
visibility for the six NAAQS addressed by the August 12, 2020
rulemaking, we find that the FIP also satisfies these requirements with
respect to the 2012 PM2.5 and 2015 Ozone NAAQS.
---------------------------------------------------------------------------

    \1\ 85 FR 156 (August 12, 2020).
    \2\ See 2009 Texas Regional Haze SIP, section 4.3 titled
``Consultations On Class I Areas In Other States.'' The submittal
can be found at www.regulations.gov, Docket ID EPA-R06-OAR-2016-
0611, Document ID EPA-R06-OAR-2016-0611-0002.
    \3\ The 2018 EGU emission projections for NOX used by
CENRAP for Texas, which other states potentially impacted by
emissions from Texas sources agreed upon during interstate
consultation and relied on in their regional haze SIPs, were
approximately 160,000 tons. In contrast, under the CSAPR ozone
season NOX trading program, Texas' 2017 NOX
ozone season budget is 52,301 tons of NOX. See 81 FR
74504, 74508 (Oct. 26, 2016).
---------------------------------------------------------------------------

    Comment: The commenter raises concerns regarding the financial
implications of the regional haze FIP, noting that, in October 2017
when the FIP was finalized, three of the Luminant coal-fired power
plants listed in the FIP were announced to be shut down. The commenter
states that the shutdown of the Big Brown Power plant was devastating
to the small community in Freestone County, as the power plant was the
largest employer in the area, providing over 200 jobs and $65 million
in tax revenue for the small town. The commenter further speculates
that while carbon capture technology may have been a future option for
Luminant, the application of ``sudden'' legislation forced the
shutdown, which may have been avoided had Texas developed a SIP that
showed ``reasonable further progress'' and allowed a more stable
adaptation or phase out for the effected facilities.
    Response: We disagree with the commenter's assertion that the
finalization of the October 2017 FIP correlated to the shutdown of
Luminant's power plants, specifically Big Brown. According to
Luminant's website, the plants were ``economically challenged in the
competitive ERCOT market. Sustained low wholesale power prices, an
oversupplied renewable generation market, and low natural gas prices,
along with other factors, have contributed to this decision.'' \4\ We
also note that the FIP did not impose the addition of site-specific
controls, but rather established an intrastate trading program with
assurance provisions that resulted in an aggregate visibility impact
from Texas EGU emissions under the trading program similar to, or less
than, what would have been realized from Texas participation in the
CSAPR SO2 trading program. Finally, we note that Luminant/
Vistra provided a comment letter in support of EPA's prior FIP action
in October 2017, and the affirmation of that rule in August 2020.\5\
---------------------------------------------------------------------------

    \4\ https://www.luminant.com/luminant-close-two-texas-power-plants/.
    \5\ EPA-R06-OAR-2016-0611-0186 (January 2020) and EPA-R06-OAR-
2016-0611-0162 (October 2018).
---------------------------------------------------------------------------

III. Final Action

    The EPA is disapproving the interstate visibility transport
elements of two SIP submissions from the State of Texas: One for the
2012 PM2.5 NAAQS and the other for 2015 Ozone NAAQS. We
simultaneously find, in exercising our authority under section 110(c)
of the Act, that the interstate visibility transport requirements that
were intended to be addressed by those infrastructure SIPs are met
through the BART-alternative FIP already in place for the Texas
Regional Haze program, and that no further action is required.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This final action is not a ``significant regulatory action'' was
therefore not submitted to the Office of Management and Budget for
review.

B. Paperwork Reduction Act (PRA)

    This final action does not impose an information collection burden
under the PRA because it does not contain any information collection
activities.

C. 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. This
action merely disapproves a SIP submission as not meeting the CAA.

D. 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. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

E. 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.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action does not apply on any Indian
reservation land, any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, or non-reservation areas of
Indian country. Thus, Executive Order 13175 does not apply to this
action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it merely disapproves a SIP submission as
not meeting the CAA.

H. Executive Order 13211: Actions 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.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by
this action will not have potential

disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations. This action
merely disapproves a SIP submission as not meeting the CAA.

K. Congressional Review Act (CRA)

    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. The 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).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 1, 2021. 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, Nitrogen dioxide, Ozone,
Particulate matter, Visibility transport.

    Dated: March 19, 2021.
David Gray,
Acting Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. Amend Sec.  52.2304 by revising paragraph (d) to read as follows:

Sec.  52.2304  Visibility protection.

* * * * *
    (d) Portions of SIPs addressing noninterference with measures
required to protect visibility in any other state are disapproved for
the 1997 PM2.5, 2006 PM2.5, 1997 ozone, 2008
ozone, 2010 NO2, 2010 SO2, 2012 PM2.5,
and 2015 ozone NAAQS.
* * * * *
[FR Doc. 2021-06135 Filed 3-29-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52350-52352]
[FR Doc No: 2011-21373]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0181]

Coke Oven Emissions Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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

SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Standard on Coke
Oven Emissions (29 CFR 1910.1029).

DATES: Comments must be submitted (postmarked, sent, or received) by
October 21, 2011.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2011-0181, U.S.
Department of Labor, Occupational Safety and Health Administration,
Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.
Deliveries (hand, express

mail, messenger, and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0181) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
    The information collection requirements in the Coke Oven Emissions
Standard provide protection for workers from the adverse health effects
associated with exposure to coke oven emissions. In this regard, the
Coke Oven Emissions Standard requires employers to monitor workers'
exposure to coke oven emissions, monitor worker health, and provide
workers with information about their exposures and the health effects
of exposure to coke oven emissions.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting an adjustment increase of 1,543 burden hours
(from 52,698 hours to 54,241). The adjustment is primarily the result
of identifying three additional coke oven batteries. The Agency will
summarize the comments submitted in response to this notice and will
include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Coke Oven Emissions Standard (29 CFR 1910.1029).
    OMB Number: 1218-0128.
    Affected Public: Business or other for-profits.
    Number of Respondents: 20.
    Frequency of Response: On occasion; quarterly; annually.
    Average Time per Response: Varies from 5 minutes (.08 hour) to
provide information to the examining physician to 1 hour to conduct
exposure monitoring.
    Estimated Total Burden Hours: 54,241.
    Estimated Cost (Operation and Maintenance): $839,680.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2011-0181). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link.
    Contact the OSHA Docket Office for information about materials not
available through the Web site and for assistance in using the Internet
to locate docket submissions.

V. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational

Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2010 (75 FR
55355).

    Signed at Washington, DC, on August 17, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health
[FR Doc. 2011-21373 Filed 8-19-11; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 122 (Tuesday, June 25, 2013)]
[Rules and Regulations]
[Pages 37966-37968]
[FR Doc No: 2013-15164]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0189]
RIN 1625-AA00

Safety Zone; National Cherry Festival Air Show and Fireworks
Display, West Grand Traverse Bay, Traverse City, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two temporary safety zones in
the Captain of the Port, Sault Sainte Marie zone. These safety zones
are intended to restrict vessels from certain portions of water areas
within Sector Sault Sainte Marie Captain of the Port zone. This
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with fireworks displays and aircraft
involved in the National Cherry Festival.

DATES: These regulations are effective from 12 p.m. on June 28, 2013,
until 11:30 p.m. on July 6, 2013. The Air Show safety zone will be
enforced daily from 12 p.m. until 3 p.m. from June 28, 2013, to June
30, 2013. The Fireworks safety zone will be enforced from 10 p.m. until
11:30 p.m. on July 6, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0189 and are available online
by going to www.regulations.gov, inserting USCG-2013-0189 in the
``SEARCH'' box, and then clicking ``SEARCH.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email MST1 Thomas Link, U.S. Coast Guard Sector
Sault Sainte Marie, telephone<PHONE_NUMBER>, email at
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 1, 2013, the Coast Guard published an NPRM in the Federal
Register (78 FR 25407) regarding two temporary safety zones for the
National Cherry Festival fireworks display and air show. At the close
of the comment period, no comments were received in response to the
NPRM. Additionally, no public meeting was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The final details for this event
were not received by the Coast Guard with sufficient time for a delayed
effective period to run before the start of the event. Thus, delaying
this rule to wait for a delayed effective period to run would be
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect the public from the
potential hazards associated with maritime fireworks displays.

B. Basis and Purpose

    From June 28 to 30, 2013, the National Cherry Festival in Traverse
City, MI will host an air show over the West Arm of Grand Traverse Bay.
At the conclusion of the National Cherry Festival on July 6, 2013,
fireworks will be launched in Grand Traverse Bay. The Captain of the
Port, Sault Sainte Marie has determined that the air show and fireworks
display pose various potential hazards to the public, including
premature detonations, dangerous projectiles, and falling or burning
debris.
    With these potential hazards in mind, the Captain of the Port Sault
Sainte Marie will be establishing temporary safety zones pursuant to
the authority granted in the Ports and Waterways Safety Act (33 U.S.C.
Sec.  1221 et seq.)

C. Discussion of Rule

    To safeguard against the dangers posed by the National Cherry
Festival air show and fireworks display, the Captain of the Port, Sault
Sainte Marie has determined that temporary safety zones are necessary.
Thus, the Captain of the Port, Sault Sainte Marie will be establishing
two safety zones for the air show and fireworks display over the West
Arm of Grand Traverse Bay.
    The safety zone for the air show will be established on June 28
through the 30, 2013, in a position over West Grand Traverse Bay
bounded by a line drawn from 44[deg]46'48'' N, 085[deg]38'18'' W, then
southeast to 44[deg]46'30'' N, 085[deg]35'30'' W, then southwest to
44[deg]46'00'' N, 085[deg]35'48'' W, then northwest to 44[deg]46'18''
N, 085[deg]38'18'' W, then back to the point of origin.
    The air show safety zone will be effective and enforced daily from
12 p.m. until 3 p.m. on June 28-30, 2013.
    A safety zone will be established on 6 July for the National Cherry
Festival Fireworks display over West Grand Traverse Bay within the arc
of a circle with a 1000-foot radius from the fireworks launch site
located on a barge in position 44[deg]46'12'' N, 085[deg]37'06'' W.
    The safety zone for the fireworks will be effective and enforced
from 10 p.m. to 11:30 p.m. on July 6, 2013.
    Entry into, transiting, or anchoring within the safety zones is
prohibited unless authorized by the Captain of the

Port, Sault Sainte Marie, or his on-scene representative. All persons
and vessels authorized to enter the safety zones shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on numerous statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues.
    The safety zones established by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zones are
designed to minimize their impacts on navigable waters in that vessels
may still transit unrestricted portions of the waterways. Under certain
conditions, moreover, vessels may still transit through the safety
zones when permitted by the Captain of the Port, Sault Sainte Marie. On
the whole, the Coast Guard expects minimal impact to mariners from the
enforcement of this rule.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
around West Grand Traverse Bay, Traverse City, Michigan, between 12:30
p.m. and 3 p.m. on June 28 to June 30, 2013, and from 10 p.m. to 11:30
p.m. on July 6, 2013.
    These safety zones will not have a significant economic impact on a
substantial number of small entities for the reasons discussed in the
Regulatory Planning and Review section above.

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 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This 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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will 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 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

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined
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 involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket USCG-
2013-0246 where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0189 to read as follows:

Sec.  165.T09-0189  Safety Zone; National Cherry Festival Air Show and
Fireworks Display, West Grand Traverse Bay, Traverse City, MI.

    (a) National Cherry Festival Fireworks Display; Traverse City, MI.
(1) Location. All U.S. navigable waters and adjacent shoreline of the
West Arm of Grand Traverse Bay within the arc of a circle with a 1000-
foot radius from the fireworks launch site located on a barge in
position 44[deg]46'12'' N, 085[deg]37'06'' W [DATUM: NAD 83].
    (2) Effective and enforcement period. This regulation is effective
and will be enforced from 10 p.m. until 11:30 p.m. on July 6, 2013.
    (b) National Cherry Festival Air Show; Traverse City, MI. (1)
Location. All U.S. navigable waters of the West Arm of Grand Traverse
Bay bounded by a line drawn from 44[deg]46'48'' N, 085[deg]38'18'' W,
then southeast to 44[deg]46'30'' N, 085[deg]35'30'' W, then southwest
to 44[deg]46'00'' N, 085[deg]35'48'' W, then northwest to
44[deg]46'30'' N, 085[deg]38'30'' W, then back to the point of origin
[DATUM: NAD 83].
    (2) Effective and enforcement period. This regulation is effective
and will be enforced from 12 p.m. until 3 p.m. daily from June 28 to
30, 2013.
    (i) The Captain of the Port, Sault Sainte Marie may suspend
enforcement of the safety zones established under this section.
    (ii) The Captain of the Port, Sault Sainte Marie will notify the
public of the enforcement and suspension of enforcement of the safety
zones established by this section in accordance with 33 CFR 165.7(a).
The primary method of notification, however, will be through Broadcast
Notice to Mariners and Local Notice to Mariners.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port, Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port.
    (2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sault Sainte Marie or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his behalf. The on-scene representative of the
Captain of the Port, Sault Sainte Marie will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sault Sainte Marie or his on-scene representative may be
contacted via VHF Channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.

    Dated: June 14, 2013.
S.C. Teschendorf,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2013-15164 Filed 6-24-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Notices]
[Pages 9493-9494]
[FR Doc No: 2020-03179]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88177; File No. SR-CboeEDGA-2019-013]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Designation of a Longer Period for Commission Action on Proceedings
To Determine Whether To Approve or Disapprove a Proposed Rule Change To
Introduce the Small Retail Broker Distribution Program

February 12, 2020.
    On August 1, 2019, Cboe EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the EDGA fee schedule to introduce a
Small Retail Broker Distribution Program (the ``Program''). The
proposed rule change was immediately effective upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The proposed
rule change was published for comment in the Federal Register on August
20, 2019.\4\ The Commission received no comment letters regarding the
proposed rule change. On September 30, 2019, under Sections 19(b)(2)
and (b)(3)(C) of the Act,\5\ the Commission temporarily suspended the
proposed rule change and instituted proceedings to determine whether to
approve or disapprove the proposed rule change (``OIP'').\6\ The
Commission has received no comment letters in response to the OIP.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(2) and (b)(3)(A).
    \4\ See Securities Exchange Act Release No. 86676 (August 14,
2019), 84 FR 43218 (``Notice'').
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ See Securities Exchange Act Release No. 87165 (September 30,
2019), 84 FR 53205 (October 4, 2019).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \7\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule

change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The
proposed rule change was published for notice and comment in the
Federal Register on August 20, 2019. The 180th day after publication of
the Notice is February 16, 2020, and April 16, 2020 is an additional 60
days from that date.
    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\8\ designates April 16, 2020 as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-CboeEDGA-2019-013).
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).
    \8\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-03179 Filed 2-18-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 15, 2006 (Volume 71, Number 241)]
[Notices]
[Page 75521-75522]
[DOCID:fr15de06-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[IC06-715-001, FERC 715]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

December 8, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3507 of the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy
Regulatory Commission (Commission) has submitted the information
collection described below to the Office of Management and Budget (OMB)
for review and extension of this information collection requirement.
Any interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to an earlier Federal
Register notice of August 30, 2006 (71 FR 51589-51590) and has made
this notation in its submission to OMB.

DATES: Comments on the collection of information are due by January 16,
2007.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o
<EMAIL_ADDRESS>and include the OMB Control No. as a point of

reference. The Desk Officer may be reached by telephone at 202-395-
4650. A copy of the comments should also be sent to the Federal Energy
Regulatory Commission, Office of the Executive Director, ED-34,
Attention: Michael Miller, 888 First Street, NE., Washington, DC 20426.
Comments may be filed either in paper format or electronically. Those
persons filing electronically do not need to make a paper filing. For
paper filings an original and 14 copies, of such comments should be
submitted to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and should
refer to Docket No. IC07-715-001.
    Documents filed electronically via the Internet must be prepared in
WordPerfect, MS Word, Portable Document Format, or ASCII format. To
file the document, access the Commission's Web site at http://www.ferc.gov
 and click on ``Make an E-Filing,'' and then follow the

instructions for each screen. First time users will have to establish a
user name and password. The Commission will send an automatic
acknowledgement to the sender's e-mail address upon receipt of
comments. User assistance for electronic filings is available at 202-
502-8258 or by e-mail to<EMAIL_ADDRESS>Comments should not be
submitted to this e-mail address.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For user assistance, contact
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER> or for TTY,

contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Description

    The information collection submitted for OMB review contains the
following:
    1. Collection of Information: FERC 715 ``Annual Transmission
Planning and Evaluation Report''
    2. Sponsor: Federal Energy Regulatory Commission
    3. Control No.: 1902-0171
    The Commission is now requesting that OMB approve and extend the
expiration date for an additional three years with no changes to the
existing collection. The information filed with the Commission is
mandatory.
    4. Necessity of the Collection of Information: Submission of the
information is necessary for the Commission to carry out its
responsibilities in implementing the statutory provisions of section
213(b) of the Federal Power Act (FPA), as amended by the Energy Policy
Act of 1992. Through Section 213(b) Congress requires the Commission to
collect annually from transmitting utilities, certain transmission
system information and make it available to potential transmission
providers, customers and state regulatory authorities. This information
collection also supports the Commission's responsibilities under
Sections 202, 207, 210-213, 304, 309 and 311 of the FPA, as amended (49
Stat. 838; 16 U.S.C. 791a-825r). The Commission's FERC-715 filing
requirements are published in the Code of Federal Regulations (CFR), 18
CFR 141.300.
    Through the FERC-715, the Commission gathers basic electric
transmission system information. The Commission staff use the FERC-715
information to evaluate available transmission capacity and assess
transmission reliability. Electrical transmission customers and
transmission dependent utilities use the information, in conjunction
with other

information sources, to assess transmission availability. Federal and
private agencies use the information in transmission simulations to
test the impact of changes to the transmission system, necessary to
improve system functioning. FERC-715 filing instructions are provided
on the Commission's Web site at http://www.ferc.gov/docs-filings/elibrary.asp
.

    Some or all of the information collected on the FERC-715 may be
treated as Critical Energy Infrastructure Information (CEII) (see Order
630, OMB Control No. 1902-0197). CEII is information concerning
proposed or existing critical infrastructure (physical or virtual)
that:
    1. Relates to the production, generation, transmission or
distribution of energy;
    2. Could be useful to a person planning an attack on critical
infrastructure;
    3. Is exempt from mandatory disclosure under the Freedom of
Information Act; and
    4. Gives strategic information beyond the location of the critical
infrastructure.

CEII is not available to the public. The Commission has established
procedures for gaining access to CEII that would otherwise not be
available under the Freedom of Information Act (FOIA) requests. These
actions are necessary to keep highly sensitive infrastructure
information out of the public domain thus decreasing the likelihood
that such information could be used to plan and execute terrorist
attacks.
    5. Respondent Description: The respondent universe currently
comprises 85 companies (on average) subject to the Commission's
jurisdiction.
    6. Estimated Burden: 9,913 total hours, 85 respondents (average), 1
response per respondent, and 117 hours per response (average)
    7. Estimated Cost Burden to respondents: 9,913 hours/2080 hours per
years x $117,321 per year = $ 559,136. The cost per respondent is equal
to $6,578.
    Statutory Authority: Statutory provisions of sections 4, 5, 7, 8,
10, 14, 16, and 20 of the Natural Gas Act (NPA) 15 U.S.C. 717-717w and
Title II, section 311 and sections 501 and 504 of the Natural Gas
Policy Act (Pub. L. 95-621).

Magalie R. Salas,
Secretary.
 [FR Doc. E6-21383 Filed 12-14-06; 8:45 am]

BILLING CODE 6717-01-P