[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78300-78301]
[FR Doc No: 2010-31485]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63508; File No. SR-NASDAQ-2010-134]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change To Adopt Additional Criteria for Listing Commodity
Stockpiling Companies That Have Indicated That Their Business Plan Is
To Buy and Hold Commodities

December 9, 2010.
    On October 15, 2010, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to adopt additional criteria for listing commodity
stockpiling companies (``CSCs'') that have indicated that their
business plan is to buy and hold commodities. The proposed rule change
was published for comment in the Federal Register on November 3,
2010.\3\ The Commission received no comments on the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 63207 (October 28,
2010), 75 FR 67788.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is December 18, 2010.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period to take

action on the proposed rule change so that it has sufficient time to
consider the Exchange's proposal, which would establish, for the first
time, standards for listing securities of companies whose business plan
is to buy and hold commodities.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates February 1, 2011 as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File Number SR-NASDAQ-2010-134).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-31485 Filed 12-14-10; 8:45 am]
BILLING CODE 8011-01-P


Proposed Rule: Mandatory Reporting of Greenhouse Gas Emissions Subpart W

Meeting Documentation: Western Energy Alliance 8/18/10

Date	Staff Contact Information (Name, email, phone #)	Name of Organization (Attach list of all attendees names and emails if possible) 	Summary of Discussion (e.g., applicability, reporting requirements, etc.)	Written Comments Provided?

Did they also submit to Docket?	Date sent to EPA- CCD

8/18/10

Roger Fernandez (EPA)

Suzie Waltzer (EPA)

	Craig Brown, John Fedrick, MarkPeak– QEP Resources

Mari Johnson, Gasco

Brad Rogers, Newfield Exploration

Kathleen Sgamma, Western Energy Alliance	To provide an overview of comments submitted on the Proposed Rule: Mandatory Reporting of Greenhouse Gas Emissions Subpart W.

	Written comments were submitted to the docket during the public comment period


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, Office of Prevention, Pesticides and Toxic Substances 2. OMB control number b. G None a. 2 0 7 0  0 1 5 5 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. O Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? O Yes G No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title TSCA Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead Based Paint Activities 8. Agency form number( s) ( If applicable) EPA ICR # 1715.03 9. Keywords Environmental Protection; Hazardous Substances; Lead; Reporting and Recordkeeping Requirements 10. Abstract: TSCA sections 402 and 404 include reporting and recordkeeping requirements that address training, certification, accreditation and standards for lead based paint ( LBP) activities in target housing and child occupied facilities. TSCA section 402 ensures that individuals conducting activities that prevent, detect and eliminate hazards associated with lead based paint in residential facilities are properly trained and certified, that training programs providing instruction in such activities are accredited, and that these activities are conducted according to reliable, effective and safe work practice standards. TSCA section 404 include reporting and recordkeeping requirements that apply to states and Indian Tribes that seek Federal authorization to administer and enforce state and tribal programs that regulate lead based paint activities based on the section 402 regulations. The overall goals of sections 402 and 404 are to ensure the availability of a trained and qualified workforce to identify and address lead based paint hazards in residences, and to protect the general public from exposure to lead hazards.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 21,528 b. Total annual responses 21,528 1. Percentage of these responses collected electronically % c. Total hours requested 371,214 d. Current OMB inventory 403,541 e. Difference  32,327 f. Explanation of difference 1. Program Change 2. Adjustment  32,327 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. X Program evaluation f. __ Research c. General purpose statistics g. P Regulatory or compliance d. X Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. O Recordkeeping b. G Third party disclosure c. O Reporting 1. G On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. G Semi annually 6. O Annually 7. O Biannually 8. G Other ( describe)

17. Statistical methods Does this information collection employ statistical methods? G Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Angela F. Hofmann, Director, Regulatory Coordination Staff Phone: 202 260 2922 OMB 83 I 10/ 95 RECEIVED OPPT NCIC 2003 July 25 9: 56AM OPPT 2003 0047 0001 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information;

( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Angela F. Hofmann, Director Regulatory Coordination Staff Office of Prevention, Pesticides and Toxic Substances ( OPPTS) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95


[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Notices]
[Pages 74828-74829]
[FR Doc No: 2015-30332]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76513; File No. SR-Phlx-2015-79]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Approving a Proposed Rule Change Relating to the Active Specialized
Quote Feed Port Fee

November 24, 2015.

I. Introduction

    On September 23, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to pay eligible Specialists and Market Makers a
refund for a portion of the monthly variable Active Specialized Quote
Feed (``SQF'') Port Fees (``Variable Active SQF Port Fees'') that were
in effect under Section VII.B. of the Phlx Pricing Schedule during the
month of April 2015. The proposed rule change was published for comment
in the Federal Register on October 13, 2015.\3\ The Commission did not
receive any comments on the proposal. This order approves the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 76083 (October 6,
2015), 80 FR 61537 (SR-Phlx-2015-79) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    On April 2, 2015, the Exchange submitted a proposed rule change for
immediate effectiveness pursuant to Section 19(b)(3)(A) \4\ of the Act
and Rule 19b-4(f)(2) \5\ thereunder to, among other things, replace
monthly Variable Active SQF Port Fees applicable to Specialists \6\ and
Market Makers \7\ with a monthly fixed Active SQF Port Fee (``Fixed
Active SQF Port Fee'').\8\ According to the Exchange, all Specialists
and Market Makers on the Exchange were subject to the following
Variable Active SQF Port Fees beginning in April 2015: \9\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
    \6\ A ``Specialist'' is an Exchange member who is registered as
an options specialist pursuant to Exchange Rule 1020(a).
    \7\ ``Market Makers'' include Registered Options Traders
(Exchange Rule 1014(b)(i) and (ii)), which include Streaming Quote
Traders (Exchange Rule 1014(b)(ii)(A)) and Remote Streaming Quote
Traders (Exchange Rule 1014(b)(ii)(B)).
    \8\ See SR-Phlx-2015-33, available at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/pdf/phlx-filings/2015/SR-Phlx-2015-33.pdf.
    \9\ See Notice, supra note 3, at 61538.

------------------------------------------------------------------------
                                                           Monthly  fee
                Number of active SQF port                    per port
------------------------------------------------------------------------
1.......................................................          $2,500
2-6.....................................................          $4,000
7 and over..............................................         $15,000
------------------------------------------------------------------------

    The Variable Active SQF Port Fees were capped at $42,000 per
month.\10\ Under the Fixed Active SQF Port Fees, Specialists and Market
Makers would pay $1,250 per port per month and this fee would also be
capped at $42,000 per month.\11\
---------------------------------------------------------------------------

    \10\ See id. at 61537. See also Securities Exchange Act Release
No. 73687 (November 25, 2014), 79 FR 71485 (December 2, 2014) (SR-
Phlx-2014-73) (implementing the Variable Active SQF Port Fees with a
delayed operative date of April 1, 2015).
    \11\ See Notice, supra note 3, at 61538 (referencing note 26 in
Section VII.B. of the Phlx Pricing Schedule).
---------------------------------------------------------------------------

    The Exchange notes that the April 2015 submission proposing to
replace the monthly Variable Active SQF Port Fees with a monthly Fixed
Active SQF Port Fee was rejected.\12\ As a result, the Exchange
assessed Specialists and Market Makers the applicable Variable Active
SQF Port Fees that were in effect from April 1, 2015--April 30, 2015
(``April 2015 Billing Period'') and not the comparably lower Fixed
Active SQF Port Fee.\13\ The Exchange subsequently refiled another
proposed rule change for immediate effectiveness pursuant to Section
19(b)(3)(A) \14\ of the Act and Rule 19b-4(f)(2) \15\ thereunder to
replace the monthly Variable Active SQF Port Fees with the monthly
Fixed Active SQF Port Fee.\16\ This proposal became operative May 1,
2015.
---------------------------------------------------------------------------

    \12\ See id. at 61537.
    \13\ See id.
    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
    \16\ See Securities Exchange Act Release No. 74833 (April 29,
2015), 80 FR 25749 (May 5, 2015) (SR-Phlx-2015-36) (proposed rule
change that, among other things, instituted the Fixed Active SQF
Port Fee in lieu of the Variable Active SQF Port Fees as of May 1,
2015).
---------------------------------------------------------------------------

    According to the Exchange, because the April 2015 submission to
replace the Variable Active SQF Port Fees with the Fixed Active SQF
Port Fee was rejected, the Exchange is proposing to pay a refund to
eligible Specialists and Market Makers for a portion of the Variable
Active SQF Port Fees that the Exchange assessed during the month of
April 2015 and that these eligible Specialists and Market Makers paid
to the Exchange.\17\ The Exchange states that it did not intend to
impose the Variable Active SQF Port Fees in April 2015, but rather the
Exchange intended to charge the less expensive Fixed Active SQF Port
Fee for the April 2015 Billing Period.\18\ The Exchange notes that,
because the Fixed Active SQF Port Fee did not become operative until
May 1, 2015, and the fee reduction resulting from the Fixed Active SQF
Port Fee did not occur as intended on April 1, 2015, Specialists and
Market Makers were not able to take advantage of the cheaper Fixed
Active SQF Port Fee for April 2015 and had to pay the more expensive
Variable Active SQF Port Fees for the April 2015 Billing Period. The
Exchange also states that Specialists and Market Makers paid more in
April 2015 than was anticipated by the Exchange and the Specialists and
Market Makers.\19\
---------------------------------------------------------------------------

    \17\ See Notice, supra note 3, at 61537.
    \18\ See id.
    \19\ See Nasdaq Equity Trader Alert No. 2015-37 (March 25,
2015), available at http://nasdaqtrader.com/TraderNews.aspx?id=ETA2015-37; and Nasdaq Options Trader Alert No.
2015-9 (April 14, 2015), available at http://www.phlx.com/TraderNews.aspx?id=OTA2015-9 (the ``Alerts''). The Exchange notes
that the Alerts show how some Exchange members may have anticipated
the proposed lower Fixed Active SQF Port Fee in April 2015, but had
to pay higher fees because the filing to delete the Variable Active
SQF Port Fees was initially rejected by the Commission. See Notice,
supra note 3, at 61537, n.6.

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

    The fees that the Exchange proposes to refund to eligible
Specialists and Market Makers represent the difference between the
Variable Active SQF Port Fees and the Fixed Active SQF Port Fee that
became operative on May 1, 2015, each subject to the $42,000 monthly
cap.\20\ For example, according to the Exchange, if Specialist A was
assessed and paid a Variable Active SQF Port Fee of $16,000 for the
month of April 2015 (4 ports at $4,000 per port) whereas the Specialist
would have paid only a $5,000 Fixed Active SQF Port Fee if this fee had
been operative in April (4 ports at $1,250 per port), the Exchange
would pay that member a refund amount of $11,000. In addition, if
Market Maker B was assessed and paid a Variable Active SQF Port Fee of
$42,000 for the month of April 2015 (8 ports at $15,000 per port for an
uncapped total of $120,000, to which the cap was applied) whereas the
Market Maker would have paid only a $10,000 Fixed Active SQF Port Fee
if this fee had been operative in April (8 ports at $1,250 per port),
the Exchange would pay that member a refund amount of $32,000.\21\ The
Exchange notes that the payment of a refund to eligible Specialists and
Market Makers is unique to April 2015 only and applies only to the
April 2015 Billing Period.
---------------------------------------------------------------------------

    \20\ The Exchange represents that a few members reached the cap
of $42,000 for the Variable Active SQF Port Fees and would have also
reached the cap of $42,000 for the Fixed Active SQF Port Fee.
According to the Exchange, these members did not pay any overage and
would not be eligible for a refund. See Notice, supra note 3, at
61538, n.13.
    \21\ See Notice, supra note 3, at 61538.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\22\ In particular, approval of the retroactive application of
the proposal is consistent with Section 6(b)(4) of the Act,\23\ which
requires that the rules of a national securities exchange provide for
the equitable allocation of reasonable dues, fees, and other charges
among its members and issuers and other parties using its facilities.
---------------------------------------------------------------------------

    \22\ Additionally, in approving the proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \23\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Commission notes that the refund the Exchange proposes to pay
would have a retroactive effect on eligible Specialists and Market
Makers because these members of the Exchange would effectively be
subject to the Fixed Active SQF Port Fee during the month of April
2015, which was a month that the Variable Active SQF Port Fees were
operative under the Exchange's rules. The Commission further notes that
the proposed change from the Variable Active SQF Port Fees to the Fixed
Active SQF Port Fee was contained in an April 2015 submission by the
Exchange for immediate effectiveness pursuant to Section 19(b)(3)(A)
\24\ of the Act and Rule 19b-4(f)(2) \25\ thereunder; however that
submission was rejected by the Commission because it was not filed in
accordance with the requirements of the Act and the rules and
regulations thereunder.\26\ The proposed fee changes would otherwise
qualify for immediate effectiveness pursuant to Section 19(b)(3)(A)\27\
of the Act and Rule 19b-4(f)(2) thereunder.\28\ However, because the
proposed rule change seeks retroactive application of a fee change, the
Exchange filed the proposed rule change pursuant to Section 19(b)(2) of
the Act,\29\ seeking approval retroactive to April 1, 2015. Retroactive
approval of this proposal allows the proposed rule change to take
effect for the month of April 2015.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(2).
    \26\ See 17 CFR 240.19b-4 and 17 CFR 249.819 Appendix A.
    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(2).
    \29\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\30\ that the proposed rule change (File No. SR-Phlx-2015-79) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \30\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \31\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2015-30332 Filed 11-27-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Page 1414]
[FR Doc No: 2016-00416]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9941-26-ORD]

Environmental Laboratory Advisory Board (ELAB) Meeting Dates and
Agenda

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of teleconference and face-to-face meetings.

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SUMMARY: The Environmental Protection Agency's (EPA), Environmental
Laboratory Advisory Board (ELAB), as previously announced, holds
teleconference meetings the third Wednesday of each month at 1:00 p.m.
ET and two face-to-face meetings each calendar year. For 2016,
teleconference only meetings will be February 17, March 16, April 20,
May 18, June 15, July 20, September 21, October 19, November 16, and
December 21 to discuss the ideas and views presented at the previous
ELAB meetings, as well as new business. Items to be discussed by ELAB
over these coming meetings include: (1) Issues in continuing the
expansion of national environmental accreditation; (2) ELAB's support
to the Agency's on issues relating to measurement and monitoring for
all programs; and (3) follow-up on some of ELAB's past recommendations
and issues. In addition to these teleconferences, ELAB will be hosting
their two face-to-face meetings with teleconference line also available
on January 25, 2016, at the Hyatt Regency Tulsa in Tulsa, Oklahoma at
1:30 p.m. (CT) and on August 8, 2016, at the Hyatt Regency Orange
County in Orange County, CA at 1:00 p.m. (PT).
    Written comments on laboratory accreditation issues and/or
environmental monitoring or measurement issues are encouraged and
should be sent to Ms. Lara P. Phelps, Designated Federal Officer, US
EPA (E243-05), 109 T. W. Alexander Drive, Research Triangle Park, NC
27709 or emailed to<EMAIL_ADDRESS>Members of the public are
invited to listen to the teleconference calls, and time permitting,
will be allowed to comment on issues discussed during this and previous
ELAB meetings. Those persons interested in attending should call Lara
P. Phelps at<PHONE_NUMBER> to obtain teleconference information. For
information on access or services for individuals with disabilities,
please contact Lara P. Phelps at the number above. To request
accommodation of a disability, please contact Lara P. Phelps,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

    Dated: December 23, 2105.
Thomas Burke,
EPA Science Advisor.
[FR Doc. 2016-00416 Filed 1-11-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 10, 2010 (Volume 75, Number 111)]
[Rules and Regulations]
[Page 32854]
[DOCID:fr10jn10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0467]

Drawbridge Operation Regulation; Between Tacony, PA and Palmyra,
NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Tacony-Palmyra Bridge (Route 73), across the Delaware River, mile
107.2, between the townships of Tacony, PA and Palmyra, NJ. The
deviation is necessary to facilitate the resurfacing of the bridge
roadway. This deviation reduces the vertical clearance of the bridge in
the closed position by three feet and restricts operation of the draw
span.

DATES: This temporary deviation is effective with actual notice
beginning 8 p.m. on May 26, 2010, and with constructive notice
beginning 8 p.m. June 10, 2010 until 5 a.m. July 31, 2010.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0467 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0467 in the
``Keyword'' box and then clicking ``Search''. This material is 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 rule,
call or e-mail Mr. Terrance Knowles, Environmental Protection
Specialist, Fifth Coast Guard District, at telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Burlington County Bridge Commission, who
owns and operates this bascule drawbridge, has requested a temporary
deviation from the current operating regulations set out in 33 CFR
117.5 and 117.716(b) to facilitate the resurfacing of the bridge
roadway.
    The Tacony-Palmyra Bridge (Route 73) at mile 107.2, across the
Delaware River, between PA and NJ, has a vertical clearance in the
closed position to vessels of 53 feet above mean high water (MHW). This
clearance will be reduced for safety netting by approximately three
feet to 50 feet above MHW.
    Under this temporary deviation, the resurfacing repairs will
restrict the operation of the draw span on the following dates and
times: Closed-to-navigation, each day from 8 p.m. to 5 a.m., from May
26, 2010 to July 31, 2010; except vessel openings will be provided with
at least four hours advance notice given to the bridge operator at
(856) 829-3002 or via marine radio on Channel 13. Vessels that can pass
under the bridge without a bridge opening may do so at all times. There
are no alternate routes for vessels transiting this section of the
Delaware River.
    Due to the limited number and types of vessels that require bridge
openings, the Coast Guard has coordinated this project with the
Delaware River Pilots, and will inform the other users of the waterway
through our Local and Broadcast Notices to Mariners of the closure
periods for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation. Four hours
advance notice may be required for an emergency opening.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: May 26, 2010.
Waverly W. Gregory, Jr.,
Bridge Administrator, Fifth Coast Guard District.
[FR Doc. 2010-13909 Filed 6-9-10; 8:45 am]
BILLING CODE 4910-15-P