[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76527-76530]
[FR Doc No: 2022-27051]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96467; File No. SR-NASDAQ-2022-070]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Its Schedule of Credits at Equity 7, Section 118(a)

December 8, 2022.
    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 December 1, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' 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 the Exchange's schedule of credits
at Equity 7, Section 118(a), as described further below. The text of
the proposed rule change is available on the Exchange's website at
https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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 purpose of the proposed rule change is to amend the Exchange's
schedule of credits, at Equity 7, Section 118(a). Specifically, with
respect to its schedule of supplemental credits for displayed quotes/
orders (other than Supplemental Orders or Designated Retail Orders)
that provide liquidity, the Exchange proposes to (1) add a restriction
to and reduce an existing supplemental credit, (2) delete an existing
supplemental credit of $0.0001 currently labeled as ``M-ELO
Supplemental Credit B,'' and (3) make conforming changes to its
schedule of credits.
Reduction of Existing Growth Credit and Proposed Restriction
    Currently, the Exchange provides a supplemental credit of $0.0001
per share to a member that, through one or more of its Nasdaq Market
Center MPIDs, (i) increases its shares of liquidity provided in all
securities by at least 30% as a percentage of Consolidated Volume
during the month relative to the month of October or November 2021 and
(ii) has shares of liquidity provided of least 15 million average daily
volume (``ADV'') during the month. The Exchange proposes to reduce this
credit from $0.0001 per share to $0.00005 per share. Currently, this
credit is in addition to other credits otherwise available to members
for adding displayed liquidity to the Exchange (other than Supplemental
Orders or Designated Retail Orders). The Exchange proposes to add a
restriction to this existing credit whereby the credit cannot be
combined with the Qualified Market Maker (``QMM'') Program Tier 2
credit set forth in Equity 7, Section 114(e).\3\ The Exchange provides
this current $0.0001 supplemental credit to incentivize members to
increase their liquidity providing activity on the Exchange. However,
the Exchange has limited resources available to it to offer its members
market-improving incentives, and it allocates those limited resources
to those segments of the market where it perceives the need to be
greatest and/or where it determines that the incentive is likely to
achieve its intended objective. Accordingly, the Exchange proposes to
reduce the credit from $0.0001 to $0.00005 and to exclude firms already
benefitting from Tier 2 QMM Program credits from receiving this
modified supplemental growth credit of $0.00005.
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    \3\ The credit may continue to be combined with the QMM Program
Tier 1 credit set forth in Equity 7, Section 114(e).
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Deletion of M-ELO Supplemental Credit B
    Currently, the Exchange provides a credit of $0.0001 per share
executed to a member which, through one or more of its Nasdaq Market
Center MPIDs, either: (i) increases the extent of its ADV of M-ELO
Orders and/or midpoint orders (that execute against M-ELO Orders) in
all securities by an ADV of 2 million shares or more during the month
relative to the month of June 2021; or (ii) executes a combined volume
of at least 4 million shares ADV through midpoint orders provided and
M-ELO Orders during the month and increases the extent of its ADV of
midpoint orders provided and M-ELO Orders in all securities by 150% or
more during the month relative to the month of June 2021. The Exchange
proposes to delete this credit. The Exchange provides this credit to
incentivize members to grow or add M-ELO or midpoint liquidity.
However, the Exchange has limited resources available to it to offer
its members market-improving incentives, and it allocates those limited
resources to those segments of the market where it perceives the need
to be greatest and/or where it determines that the incentive is likely
to achieve its intended objective. As M-ELO volume has grown over time,
the current M-ELO Supplemental Credit C, which is more aligned with
current volumes, will continue to provide members an incentive to grow
or add M-ELO or midpoint liquidity during the month. Accordingly, the
Exchange proposes to streamline the M-ELO Supplemental Credits and
eliminate current M-ELO Supplemental Credit B.
Conforming Changes
    The Exchange also proposes to rename current M-ELO Supplemental
Credit C as M-ELO Supplemental Credit B given the proposed deletion of
current M-ELO Supplemental Credit B. In addition, the Exchange proposes
to clarify that M-ELO Supplemental Credit A may not be combined with
proposed M-ELO Supplemental Credit B (current M-ELO Supplemental Credit
C), rather than with both M-ELO Supplemental Credits B and C, given the
removal of current M-ELO Supplemental Credit B. Similarly, the Exchange
proposes to clarify that proposed M-ELO Supplemental Credit B (current
M-ELO Supplemental Credit C) may not be combined with M-ELO
Supplemental Credit A, rather than with both M-ELO Supplemental Credits
A and B, given the removal of current M-ELO Supplemental Credit B.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposed changes to its schedule of credits are
reasonable in several respects. As a threshold matter, the Exchange is
subject to significant competitive forces in the market for equity
securities transaction services that constrain its pricing
determinations in that market. The fact that this market is competitive
has long been recognized by the courts. In NetCoalition v. Securities
and Exchange Commission, the D.C. Circuit stated as follows: ``[n]o one
disputes that competition for order flow is `fierce.' . . . As the SEC
explained, `[i]n the U.S. national market system, buyers and sellers of
securities, and the broker-dealers that act as their order-routing
agents, have a wide range of choices of where to route orders for
execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \6\
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    \6\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).

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    The Commission and the courts have repeatedly expressed their
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, while adopting a series of steps to improve the current market
model, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \7\
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    \7\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
equity security transaction services. The Exchange is only one of
several equity venues to which market participants may direct their
order flow. Competing equity exchanges offer similar tiered pricing
structures to that of the Exchange, including schedules of rebates and
fees that apply based upon members achieving certain volume thresholds.
    Within this environment, market participants can freely and often
do shift their order flow among the Exchange and competing venues in
response to changes in their respective pricing schedules. As such, the
proposal represents a reasonable attempt by the Exchange to increase
its liquidity and market share relative to its competitors.
    The Exchange believes it is reasonable, equitable, and not unfairly
discriminatory for the Exchange to add a restriction to an existing
credit for displayed orders (other than Supplemental Orders or
Designated Retail Orders) that provide liquidity to the Exchange and
reduce the amount of the credit from $0.0001 to $0.00005, as described
above. These changes would better align the growth incentives with the
Exchange's needs. The Exchange has limited resources to devote to
incentive programs, and it is appropriate for the Exchange to
reallocate these incentives periodically in a manner that best achieves
the Exchange's overall mix of objectives.
    It is also reasonable, equitable, and not unfairly discriminatory
for the Exchange to eliminate the current M-ELO Supplemental Credit B
for displayed quotes/orders (other than Supplemental Orders or
Designated Retail Orders) that provide liquidity to the Exchange and
make related conforming changes. Elimination of current M-ELO
Supplemental Credit B and related conforming changes will streamline
and recalibrate the M-ELO Supplemental Credits to account for changes
in member behavior over time. As M-ELO volume has grown over time, the
proposed M-ELO Supplemental Credit B (i.e., the current M-ELO
Supplemental Credit C), which is more aligned with current volumes,
will continue to provide members an incentive to grow or add M-ELO or
midpoint liquidity during the month. To the extent that the Exchange
succeeds in increasing the addition of midpoint or M-ELO liquidity or
executions on the Exchange, all participants will benefit from the
increase in market quality.
    The Exchange notes that the credits affected by this proposal are
voluntary. Moreover, nothing about the Exchange's volume-based tiered
pricing model, as set forth in Equity 7, is inherently unfair; instead,
it is a rational pricing model that is well-established and ubiquitous
in today's economy among firms in various industries--from co-branded
credit cards to grocery stores to cellular telephone data plans--that
use it to reward the loyalty of their best customers that provide high
levels of business activity and incent other customers to increase the
extent of their business activity. It is also a pricing model that the
Exchange and its competitors have long employed with the assent of the
Commission. It is fair because it enhances price discovery and improves
the overall quality of the equity markets.
    Those participants that are dissatisfied with the amendments to the
Exchange's schedule of credits are free to shift their order flow to
competing venues that provide more generous incentives or less
stringent qualifying criteria.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    The Exchange does not believe that its proposal will place any
category of Exchange participant at a competitive disadvantage.
    As noted above, the Exchange intends for its proposed changes to
its credits to reallocate its limited resources more efficiently and
optimally, to recalibrate the credit schedule to reflect changing
market behavior, and to align the credit schedule with the Exchange's
overall mix of objectives. The Exchange notes that its members are free
to trade on other venues to the extent they believe that these
proposals are not attractive. As one can observe by looking at any
market share chart, price competition between exchanges is fierce, with
liquidity and market share moving freely between exchanges in reaction
to fee and credit changes.
Intermarket Competition
    The Exchange believes that the proposed changes to its schedule of
credits as described above will not impose a burden on competition
because the Exchange's execution services are completely voluntary and
subject to extensive competition both from the other live exchanges and
from off-exchange venues, which include alternative trading systems
that trade national market system stock. The Exchange notes that it
operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, the Exchange
must continually adjust its credits and fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own credits and
fees in response, and because market participants may readily adjust
their order routing practices, the Exchange believes that the degree to
which credit or fee changes in this market may impose any burden on
competition is extremely limited.
    The proposed changes to the Exchange's credits are reflective of
this competition because, as a threshold issue, the Exchange is a
relatively small market so its ability to burden intermarket
competition is limited. In this regard, even the largest U.S. equities
exchange by volume only has 17-18% market share, which in most markets
could hardly be categorized as having enough market power to burden
competition. Moreover, as noted above, price competition between
exchanges is fierce, with liquidity and market share moving freely
between exchanges in reaction to fee and credit changes. This is in
addition to free flow of order flow to and among off-exchange venues
which comprises more than 40% of industry volume in recent months.

    In sum, if the change proposed herein is unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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.

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 protected]. Please
include File Number SR-NASDAQ-2022-070 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2022-070. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2022-070 and should be submitted
on or before January 4, 2023.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27051 Filed 12-13-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28619]
[FR Doc No: 2020-10257]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2669-000]

Bear Swamp Power Company, LLC; Notice of Authorization for
Continued Project Operation

    On March 30, 2018, Bear Swamp Power Company, LLC, licensee for the
Bear Swamp Hydroelectric Project, filed an Application for a New
License pursuant to the Federal Power Act (FPA) and the Commission's
regulations thereunder. The Bear Swamp Hydroelectric Project is on
Deerfield River, in Berkshire and Franklin Counties, Massachusetts.
    The license for Project No. 2669 was issued for a period ending
March 31, 2020. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2669 is issued to
Bear Swamp Power Company, LLC for a period effective April 1, 2020
through March 31, 2021, or until the issuance of a new license for the
project or other disposition under the FPA, whichever comes first. If
issuance of a new license (or other disposition) does not take place on
or before March 31, 2021, notice is hereby given that, pursuant to 18
CFR 16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the Bear Swamp Power Company, LLC, Inc. is authorized
to continue operation of the Bear Swamp Hydroelectric Project, until
such time as the Commission acts on its application for a subsequent
license.

    Dated: May 7, 2020.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2020-10257 Filed 5-12-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7288-7289]
[FR Doc No: 2021-01778]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2417-065]

Northern States Power Company--Wisconsin; Notice of Intent To
File License Application, Filing of Pre-Application Document, Approving
Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 2417-065.
    c. Date Filed: November 30, 2020.
    d. Submitted By: Northern States Power Company--Wisconsin (Northern
States).
    e. Name of Project: Hayward Hydroelectric Project.
    f. Location: The Hayward Project is located on the Namekagon River
in Sawyer Country, Wisconsin. No federal lands are occupied by the
projects works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: James M. Zyduck, Director of Hydro
Plants, Northern States Power Company--Wisconsin, 1414 W. Hamilton
Ave., P.O. Box 8, Eau Claire, WI 54702-0008; email at
<EMAIL_ADDRESS>    i. FERC Contact: Laura Washington at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>or Tyrone Williams at<PHONE_NUMBER>; or
email at<EMAIL_ADDRESS>    j. Northern States filed its request to use the Traditional
Licensing Process on November 30, 2020. Northern States provided public
notice of its request on December 11, 2020. In a letter dated January
21, 2021, the Director of the Division of Hydropower Licensing approved
Northern States' request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the Wisconsin State Historic Preservation Officer as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.

    l. With this notice, we are designating Northern States as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act, and
consultation pursuant to section 106 of the National Historic
Preservation Act.
    m. Northern States filed a Pre-Application Document (PAD);
including a proposed process plan and schedule with the Commission,
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed and/or printed on the
Commission's website (http://www.ferc.gov), using the ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    o. The licensee states its unequivocal intent to submit an
application for a subsequent license for Project No 2417. Pursuant to
18 CFR 16.20, each application for a subsequent license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by November 30,
2023.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: January 21, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01778 Filed 1-26-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 85 (Wednesday, May 3, 2023)]
[Notices]
[Pages 27919-27920]
[FR Doc No: 2023-09309]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0246]

Area Maritime Security Advisory Committee (AMSC), Eastern Great
Lakes, Northwest Pennsylvania Sub-Committee Vacancy

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability of committee vacancy; solicitation for
membership.

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SUMMARY: The Coast Guard requests individuals interested in serving on
the Area Maritime Security Committee, Eastern Great Lakes, Northwest
Pennsylvania Region sub-committee submit their applications for
membership to the U.S. Coast Guard Captain of the Port, Buffalo. The
Committee assists the Captain of the Port as the Federal Maritime
Security Coordinator, Buffalo, in developing, reviewing, and updating
the Area Maritime Security Plan for their area of responsibility.

DATES: Requests for membership should reach the Captain of the Port,
Buffalo, by 22 May 2023.

ADDRESSES: Applications for membership should be submitted to the
Captain of the Port at the following address: Captain of the Port,
Buffalo, Attention: LCDR Katherine Peet, 1 Fuhrmann Boulevard, Buffalo,
NY 14203-3189.

FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application, or about the AMSC in general, contact Mr. John Kelly,
Northwest Pennsylvania Region Sub-Committee Executive Coordinator, at
716-843-9574 or [email protected].

SUPPLEMENTARY INFORMATION:

Basis and Purpose

    Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 (Pub. L. 107-295) added section 70112 to Title 46 of the U.S. Code
and authorized the Secretary of the Department in which the Coast Guard
is operating to establish Area Maritime Security Advisory Committees
(ASMC) for any port area of the United States. (See 33 U.S.C. 1226; 46
U.S.C.; 33 CFR 1.05-1, 6.01; Department of Homeland Security Delegation
No. 0170.1). The MTSA includes a provision exempting these AMSCs from
the Federal Advisory Committee Act (FACA), Public Law 92-436, 86 Stat.
470 (5 U.S.C. App. 2). The AMSCs shall assist the Federal Maritime
Security Coordinator (FMSC) in the development, review, update, and
exercising of the Area Maritime Security Plan (AMSP) for their area of
responsibility. Such matters may include, but are not limited to, the
following:
    (1) Identifying critical port infrastructure and operations;
Identifying risks (threats, vulnerabilities, and consequences).
    (2) Determining mitigation strategies and implementation methods.
    (3) Developing strategies to facilitate the recovery of the
Maritime Transportation System after a Transportation Security
Incident.
    (4) Developing and describing the process to continually evaluate
overall port security by considering consequences and vulnerabilities,
how they may change over time, and what additional mitigation
strategies can be applied; and
    (5) Providing advice to and assisting the Federal Maritime Security
Coordinator in developing and maintaining the Area Maritime Security
Plan.

AMSC Membership

    Members of the AMSC should have at least five years of experience
related to maritime or port security operations. We are seeking to fill
one (1) Sub-Committee vacancies with this solicitation, an Executive
Board member to serve as Vice-Chairperson; the position will serve
concurrently as a member of the Eastern Great Lakes AMSC when so
convened by the FMSC.
    Applicants may be required to pass an appropriate security
background check prior to appointment to the committee. Applicants must
register with and remain active as a Coast Guard Homeport user if
appointed. Member's term of office will be for five years; however, a
member is eligible to serve

additional terms of office. Members will not receive any salary or
other compensation for their service on an AMSC. In accordance with 33
CFR 103, members may be selected from Federal, Territorial, or Tribal
governments; State government and political subdivisions of the State;
local public safety, crisis management, and emergency response
agencies; law enforcement and security organizations; maritime
industry, including labor; other port stakeholders having a special
competence in maritime security; and port stakeholders affected by
security practices and policies.
    The Department of Homeland Security does not discriminate in
selection of committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disability, and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.

Request for Applications

    Those seeking membership are not required to submit formal
applications to the local Captain of the Port, however, because we do
have an obligation to ensure that a specific number of members have the
prerequisite maritime security experience, we encourage the submission
of resumes highlighting experience in the maritime and security
industries.

    Dated: April 17, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port & Federal Maritime
Security Coordinator, Buffalo.
[FR Doc. 2023-09309 Filed 5-2-23; 8:45 am]
BILLING CODE 9110-15-P


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52917-52920]
[FR Doc No: 2016-18908]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78477; File No. 4-668]

Joint Industry Plan; Notice of Filing and Immediate Effectiveness
of Amendment No. 4 to the National Market System Plan Governing the
Process of Selecting a Plan Processor and Developing a Plan for the
Consolidated Audit Trail by BATS Exchange, Inc., BATS-Y Exchange, Inc.,
BOX Options Exchange LLC, C2 Options Exchange, Incorporated, Chicago
Board Options Exchange, Incorporated, Chicago Stock Exchange, Inc.,
EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory
Authority, Inc., International Securities Exchange, LLC, ISE Gemini,
LLC, ISE Mercury, LLC, Miami International Securities Exchange LLC,
NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ Stock Market LLC,
National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE MKT
LLC, and NYSE Arca, Inc.

August 4, 2016.

I. Introduction

    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that,
on July 14, 2016, BATS Exchange, Inc., BATS-Y Exchange, Inc., BOX
Options Exchange LLC, C2 Options Exchange, Incorporated, Chicago Board
Options Exchange, Incorporated, Chicago Stock Exchange, Inc., EDGA
Exchange, Inc., EDGX Exchange, Inc., Financial Industry Regulatory
Authority, Inc., International Securities Exchange, LLC,

ISE Gemini, LLC, ISE Mercury, Miami International Securities Exchange
LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, The NASDAQ Stock Market
LLC, National Stock Exchange, Inc., New York Stock Exchange LLC, NYSE
MKT LLC, and NYSE Arca, Inc. (collectively, ``SROs'' or
``Participants''), filed with the Securities and Exchange Commission
(the ``Commission'') a proposal to amend the Plan Governing the Process
of Selecting a Plan Processor and Developing a Plan for the
Consolidated Audit Trail (the ``Selection Plan'').\3\
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ See Letter from the Participants to Brent J. Fields,
Secretary, Commission, dated July 13, 2016.
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    The SROs propose to amend the Selection Plan to add the Investors'
Exchange, LLC (``IEX'') as a Participant to the Selection Plan. The
SROs also propose to replace references in the Plan to ``Nasdaq OMX BX,
Inc.'', ``NASDAQ OMX PHLX LLC'', ``BATS Exchange, Inc.'', ``BATS-Y
Exchange, Inc.'', ``EDGA Exchange, Inc.'', and ``EDGX Exchange, Inc.''
with references to ``NASDAQ BX, Inc.'', ``NASDAQ PHLX LLC'', ``Bats BZX
Exchange, Inc.'', ``Bats BYX Exchange, Inc.'', ``Bats EDGA Exchange,
Inc.'', and ``Bats EDGX Exchange, Inc.'', respectively. In each case,
the relevant exchange filed proposed rule changes to implement the name
change.\4\ A copy of the proposed amendment to the Selection Plan
(``Amendment No. 4'') is attached as Exhibit A hereto. The Commission
is publishing this notice to solicit comments from interested persons
on proposed Amendment No. 4 to the Selection Plan.
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    \4\ Securities Exchange Act Release Nos. 76656 (December 15.
2015), 80 FR 79381 (December 21, 2015) (for NASDAQ BX, Inc.); 76654
(December 15, 2015), 80 FR 79396 (December 21, 2015) (for NASDAQ
PHLX LLC); 77307 (March 7, 2016), 81 FR 12996 (March 11, 2016) (for
Bats BZX Exchange, Inc.); 77308, 81 FR 12975 (March 11, 2016) (for
Bats BYX Exchange, Inc.); 77299, 81 FR 12759 (March 10, 2016) (for
Bats EDGA Exchange, Inc.); and 77298 (March 4, 2016), 81 FR 12757
(March 10, 2016) (for Bats EDGX Exchange, Inc.).
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II. Description of the Plan

    Set forth in this Section II is the statement of the purpose of
Amendment No. 4 to the Selection Plan, along with the information
required by Rule 608(a)(4) and (5) under the Exchange Act,\5\ as
prepared and submitted by the SROs to the Commission.\6\
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    \5\ See 17 CFR 242.608(a)(4) and (a)(5).
    \6\ See Letter from the SROs to Brent J. Fields, Secretary,
Commission, dated July 13, 2016.
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* * * * *
Background
    The Selection Plan was initially filed with the Commission on
September 4, 2013,\7\ approved on February 21, 2014,\8\ and
subsequently amended three times.\9\ The Selection Plan governs the
process for how the Participants will evaluate and select a Plan
Processor and develop the National Market System Plan Governing the
Consolidated Audit Trail Pursuant to Rule 613 of Regulation NMS under
the Exchange Act (``CAT NMS Plan'').
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    \7\ See Securities Exchange Act Release No. 70892 (November 15,
2013), 78 FR 69910 (November 21, 2013).
    \8\ See Securities Exchange Act Release No. 71596 (February 21,
2014), 79 FR 11152 (February 27, 2014).
    \9\ See Securities Exchange Act Release No. 75192 (June 17,
2015), 80 FR. 36028 (June 23, 2015); Securities Exchange Act Release
No. 75980 (September 24, 2015), 80 FR 58796 (September 30, 2015);
and Securities Exchange Act Release No. 77917 (May 25, 2016), 81 FR
35072 (June 1, 2016).
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Requirements Pursuant to Rule 608(a)

A. Description of the Amendments to the Selection Plan

    On June 17, 2016, the Commission approved IEX's registration as a
national securities exchange pursuant to Section 6 of the Exchange
Act.\10\ Pursuant to Section II(B) of the Selection Plan, the
Participants propose amending the Selection Plan to add IEX as a
Participant thereto. Section II(B) of the Selection Plan states:
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    \10\ See Securities Exchange Act Release No. 78101 (June 17,
2016), 81 FR 41142 (June 23, 2016).

    Any entity approved by the SEC as a national securities exchange
or national securities association under the Exchange Act after the
effectiveness of the Plan shall become a Participant by satisfying
each of the following requirements: (1) effecting an amendment to
the Plan by executing a copy of the Plan as then in effect (with the
only change being the addition of the new Participant's name in
Section II of the Plan) and submitting such amendment to the SEC for
approval; and (2) providing each then-current Participant with a
copy of such executed Plan. The amendment shall be effective when it
is approved by the SEC in accordance with SEC Rule 608 or otherwise
becomes effective pursuant to SEC Rule 608.\11\
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    \11\ See Selection Plan, Section II(B), available at
www.catnmsplan.com.

Accordingly, IEX has executed a copy of the Selection Plan as currently
in effect, with the addition of IEX's name to Section II of the
Selection Plan, and provided each existing Participant a copy of the
executed Selection Plan. With this submission, the Participants submit
the executed Selection Plan to the Commission for approval on behalf of
IEX. A copy of the executed version of the Selection Plan is attached
hereto.\12\
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    \12\ See Exhibit B.
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    The Participants also propose to amend the Selection Plan to
replace references to ``NASDAQ OMX BX, Inc.'', ``NASDAQ OMX PHLX LLC'',
``BATS Exchange, Inc.'', ``BATS-Y Exchange, Inc.'', ``EDGA Exchange,
Inc.'', and ``EDGX Exchange, Inc.'' with references to ``NASDAQ BX,
Inc.'', ``NASDAQ PHLX LLC'', ``Bats BZX Exchange, Inc.'', ``Bats BYX
Exchange, Inc.'', ``Bats EDGA Exchange, Inc.'', and ``Bats EDGX
Exchange, Inc.'', respectively. In each case, the relevant exchange
filed proposed rule changes to implement the name change.\13\
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    \13\ See note 4, supra.
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    The proposed amendments to the text of the Selection Plan are set
forth in Exhibit A.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of Amendment

    The terms of the proposed amendment will become effective upon
filing pursuant to Rule 608(b)(3)(iii) of the Exchange Act because it
involves solely technical or ministerial matters. At any time within
sixty days of the filing of this amendment, the Commission may
summarily abrogate the amendment and require that it be refiled
pursuant to paragraph (b)(1) of Rule 608,\14\ if it appears to the
Commission that such action is necessary or appropriate in the public
interest, for the protection of investors or the maintenance of fair
and orderly markets, to remove impediments to, and perfect the
mechanisms of, a national market system or otherwise in furtherance of
the purposes of the Exchange Act.
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    \14\ The Commission notes that if it abrogated an amendment, the
Commission could require the amendment to be refiled in accordance
with subparagraph (a)(1) of Rule 608. See 17 CFR 242.608(b)(3)(iii).
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D. Development and Implementation Phases

    Not applicable.

E. Analysis of Impact on Competition

    Not applicable.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    Not applicable.

G. Statement That the Amendments Have Been Approved by the Plan
Sponsors

    The Selection Plan provides that, except with respect to the
addition of new Participants, amendments to the Selection Plan shall be
effected by

means of a written amendment that: (1) sets forth the change, addition,
or deletion; (2) is executed by over two-thirds of the Participants;
and (3) is approved by the SEC pursuant to Rule 608, or otherwise
becomes effective under Rule 608.\15\ The proposed amendment has been
executed by all of the Participants and has consequently been approved
by the SROs.
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    \15\ See Notice of Selection Plan, supra note 5.
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    With respect to new Participants, an amendment to the Selection
Plan may be effected by the new national securities exchange or
national securities association in accordance with Section II of the
Selection Plan. As discussed above, IEX has executed the existing
version of the Selection Plan, with IEX's name added to Section II,
provided each existing Participant a copy of the executed Selection
Plan, and is providing the Commission with a copy of the executed
version with this submission.

H. Terms and Conditions of Access

    Not applicable.

I. Method of Determination and Imposition, and Amount of, Fees and
Charges

    Not applicable.

J. Method and Frequency of Processor Evaluation

    Not applicable.

K. Dispute Resolution

    Not applicable.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the Amendment No.
4 to the Selection Plan 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 4-668 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-668. 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 Amendment to the Plan that are filed
with the Commission, and all written communications relating to the
Amendment to the Plan 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 10:00 a.m. and
3:00 p.m. Copies of the submission will also be available for
inspection and copying at the Participants' principal offices. 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 4-668 and should be submitted
on or before August 31, 2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.

Exhibit A

Proposed Amendment Text

    Additions italicized; deletions bracketed.

Plan Processor Evaluation and Selection Plan

II. Participants
(A) List of Participants
    The Participants are as follows:
(1) [BATS] Bats BYX Exchange, Inc.
(2) [BATS Y-Exchange,] Bats BZX Exchange, Inc.
(3) Bats EDGA Exchange, Inc.
(4) Bats EDGX Exchange, Inc.
([3] 5) BOX Options Exchange LLC
([4] 6) C2 Options Exchange, Incorporated
([5] 7) Chicago Board Options Exchange, Incorporated
([6] 8) Chicago Stock Exchange, Inc.
[(7) EDGA Exchange, Inc.]
[(8) EDGX Exchange, Inc.]
(9) Financial Industry Regulatory Authority, Inc.
(10) International Securities Exchange, LLC
(11) Investors' Exchange, LLC
([11] 12) ISE Gemini, LLC
([12] 13) ISE Mercury, LLC
([13] 14) Miami International Securities Exchange LLC
([14] 15) NASDAQ [OMX] BX, Inc.
([15] 16) NASDAQ [OMX] PHLX LLC
([16] 17) The Nasdaq Stock Market LLC
([17] 18) National Stock Exchange, Inc.
([18] 19) New York Stock Exchange LLC
([19] 20) NYSE MKT LLC
([20] 21) NYSE Arca, Inc.
* * * * *
BATS BYX EXCHANGE, INC.
BY:--------------------------------------------------------------------

BATS EDGA EXCHANGE, INC.
BY:--------------------------------------------------------------------

BOX OPTIONS EXCHANGE LLC
BY:--------------------------------------------------------------------

CHICAGO BOARD OPTIONS EXCHANGE, INCORPORATED
BY:--------------------------------------------------------------------

[EDGA EXCHANGE, INC.]
BY:--------------------------------------------------------------------

FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC.
BY:--------------------------------------------------------------------

[ISE GEMINI, LLC] INVESTORS' EXCHANGE, LLC
BY:--------------------------------------------------------------------

BATS BZX [Y-EXCHANGE] EXCHANGE, INC.
BY:--------------------------------------------------------------------

BATS EDGA EXCHANGE, INC.
BY:--------------------------------------------------------------------

C2 OPTIONS EXCHANGE, INCORPORATED
BY:--------------------------------------------------------------------

CHICAGO STOCK EXCHANGE, INC.
BY:--------------------------------------------------------------------

[EDGA EXCHANGE, INC.]
BY:--------------------------------------------------------------------

INTERNATIONAL SECURITIES EXCHANGE, LLC
BY:--------------------------------------------------------------------

[ISE GEMINI, LLC] ISE
BY:--------------------------------------------------------------------

[MIAMI INTERNATIONAL SECURITIES EXCHANGE LLC] ISE MERCURY, LLC
BY:--------------------------------------------------------------------

NASDAQ [OMX PHLX LLC] BX, INC.
BY:--------------------------------------------------------------------

[NATIONAL STOCK EXCHANGE, INC.] THE NASDAQ STOCK MARKET LLC
BY:--------------------------------------------------------------------

[NYSE MKT LLC] NEW YORK STOCK EXCHANGE LLC
BY:--------------------------------------------------------------------

NYSE ARCA, INC.
BY:--------------------------------------------------------------------

[NASDAQ OMX BX, INC.] MIAMI INTERNATIONAL SECURITIES EXCHANGE LLC
BY:--------------------------------------------------------------------

[THE] NASDAQ PHLX [STOCK MARKET] LLC
BY:--------------------------------------------------------------------

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[NEW YORK STOCK EXCHANGE LLC] NATIONAL STOCK EXCHANGE, INC.
BY:--------------------------------------------------------------------

NYSE MKT LLC [ARCA, INC.]
BY:--------------------------------------------------------------------

[FR Doc. 2016-18908 Filed 8-9-16; 8:45 am]
 BILLING CODE 8011-01-P


                                                June 27, 2013 Luke Hall-Jordan Stratospheric Protection Division U.S. Environmental Protection Agency 1200 Pennsylvania Ave, NW (6205J) Washington, DC  20460

Dear Luke,

At the industry stakeholder meeting with the Alliance for Responsible Atmospheric Policy member companies on May 14, 2013 the EPA solicited input as it drafts a proposed rule for the allocation of HCFC allowances for 2015-2019.  Airgas, Inc. appreciates the opportunity to provide its comments from the perspective of a refrigerant distributor and reclaimer.

HCFC-22 reclamation has been hovering at about 20% +-2-3% of estimated industry reclamation capacity for the past 5+ years, despite EPA's stated objective to increase reclaimed product substantially.  The data from 2005 - 2011 show that the EPA has consistently issued more HCFC-22 Allowances than actual consumption indicating a consistent overestimation of actual demand as well as the amount of product being reclaimed for resale.  By adding Recoupment Allowances of 2,984 MT in each of 2013 and 2014 without a commensurate offset to the base consumption allowances, this additional HCFC-22 volume will, in effect, reduce the volume amounts which the EPA assumed would be supplied from reclaimed product and/or inventory drawdown, so long as the estimated service demand is indeed correct.  This compounds the problem of the EPA's historical overestimation of demand and failure to incent an increase in reclaimed volumes.

To remedy the above problems, Airgas suggests it would be best to issue allowances for HCFC-22 for 2015 to 2019 on an accelerated reduction (larger percentage decreases in early years, slower in later years, i.e. 30%, 25%, 20%, 15%, 10% of the total reduction) towards the complete phase-out of allowances of HCFC-22 in 2020.

This accelerated reduction would counter the historical overestimation of service demand and promote the increased amount of HCFC-22 being recovered and returned for reclamation.  This would provide a continual decline in availability of virgin material toward the elimination in 2020 versus a sharp drop-off, enhancing planning ability, promoting relative stability and reducing uncertainty in the market, forcing continued market conversion, and giving the volumes of reclaimed material a chance to reach its full potential in the U.S.

Any concerns over being overly aggressive with reductions of available consumption allowances in any given year are unwarranted.  There is little risk because of the untapped safety valves of reclaimed product and inventory drawdown.  There are arguably large volumes of HCFC-22 currently sitting in inventory - some estimates place this at 45,000 to 90,000 MT - and there will certainly be a considerable build in inventories in 2013 and 2014 especially due to the nearly 3,000 MT of additional recoupment allowances awarded each year over and above what EPA originally deemed sufficient.  Also, an abundance of available virgin material each year has historically been the reason that reclaimed volumes have not significantly increased and remain at only a fraction of the reclamation industry's total capacity.  More importantly, a shortage, or perceived future shortage, of available virgin material is exactly the incentive needed to induce higher volumes of HCFC-22 recovery and reclamation.  Free market dynamics will determine the pricing of HCFC-22 which in turn drives conversion and quantities of HCFC-22 being recovered/reclaimed.

Again, thank you for providing an opportunity for stakeholder input as the EPA reviews its Vintaging Model and prepares a Proposed Rule for HCFC Allowances for 2015-2019.  I would be pleased to discuss our comments further and answer any questions you may have.  Please do not hesitate to contact me.

Sincerely,

John M. Batt Director of Product Stewardship & Regulatory Advocacy


[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Proposed Rules]
[Pages 42293-42294]
[FR Doc No: 2016-15266]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2016-6984; Airspace Docket No. 16-ANM-5

Proposed Amendment of Class E Airspace, Salem, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at McNary Field, Salem, OR. Two
approaches, the Localizer (LOC) Y runway (RWY) 31 and the LOC/Distance
Measuring Equipment (DME) Back Course (BC) approach RWY 13 were
identified as needing additional airspace to meet airspace
requirements. The FAA, also, found modification of the airspace for the
LOC/DME BC RWY 13 posed an increased risk to the safety of Instrument
Flight Rules (IFR) operations for Standard Instrument Approach
Procedures (SIAPs) at the airport.

DATES: Comments must be received on or before August 15, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg. Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1-800-
647-5527, or<PHONE_NUMBER>.
    You must identify FAA Docket No. FAA-2016-6984; Airspace Docket No.
16-ANM-5, at the beginning of your comments. You may also submit
comments through the Internet at http://www.regulations.gov. You may
review the public docket containing the proposal, any comments
received, and any final disposition in person in the Dockets Office
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. The Docket Office (telephone 1-800-647-5527), is on the
ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tracey Johnson, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at McNary Field, Salem, OR.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2016-6984/
Airspace Docket No. 16-ANM-5.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists

Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at McNary Field Airport, Salem,
OR. On March 8, 2016 a Final Rule was published modifying the airspace
at McNary Field, Salem, OR (81FR 12002). A comment was received on May
10, 2016 questioning the safety of the LOC/DME BC RWY 13 approach. The
FAA concurred that the presence of terrain in the procedure turn
transition airspace increased the risk to IFR operations into McNary
Field, Salem, OR. A Notice to Airmen (NOTAM) was issued advising pilots
this approach was non-available pending the outcome of this proposal.
After a review of the airspace, the FAA identified that the approach to
runway 31 also was not fully contained in controlled airspace and would
also be modified by this proposal. The Class E airspace extending
upward from 700 feet above the surface would be modified by adding
segments extending from the 6.7-mile radius to 13.50 miles northwest of
the airport, and extending from the 8.2-mile radius to 16.5 miles
southeast of the airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9Z, dated August 6, 2015, and effective September 15,
2015, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Salem, OR [Modified]

Salem, McNary Field, OR
(Lat. 44[deg]54'34'' N., long. 123[deg]00'09'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.2-mile radius of McNary Field from the 168[deg] bearing
from the airport clockwise to the 311[deg] bearing, and that
airspace within a 6.7-mile radius of McNary Field from the 311[deg]
bearing from the airport clockwise to the 074[deg] bearing, and that
airspace within an 8.2-mile radius of McNary Field from the 074[deg]
bearing from the airport clockwise to the 168[deg] bearing from the
airport, and that airspace 2 miles either side of the 330[deg]
bearing extending from the 6.7-mile radius 13.5 miles northwest of
the airport and that airspace 4 miles southwest and 5 miles
northeast of the 150[deg] bearing extending from the 8.2-mile radius
16.5 miles southeast of the airport.

    Issued in Seattle, Washington, on June 21, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-15266 Filed 6-28-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 12, 2005 (Volume 70, Number 237)]
[Notices]
[Page 73489-73490]
[DOCID:fr12de05-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52881; File No. SR-Amex-2005-119]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Make Certain Changes Pertaining to the Enforcement of Decorum Policies

December 2, 2005.
    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 November 18, 2005, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Amex. The Exchange has filed the proposed rule change pursuant to
section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(b) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Amex proposes to amend Amex Rule 22 to authorize two Floor
Officials, in consultation with a designated senior executive officer
of the Exchange, to summarily exclude a member or person associated
with a member or member organization from the Exchange premises for not
longer than the remainder of the trading day for specified violations
of the Exchange's decorum policies.
    The text of the proposed rule change is available on the Amex's Web
site at http://www.amex.com, the Office of the Secretary, the Amex, 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 Amex included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposal. 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 the
Statutory Basis for, the Proposed Rule Change Purpose

1. Purpose
    In 2002, the Commission approved a Chicago Board Options Exchange,
Inc. (``CBOE'') rule change allowing two CBOE Floor Officials, in
consultation with a designated senior executive officer of that
exchange, to summarily exclude from the CBOE's premises a member or
person associated with a member for the following serious violations of
floor decorum: physical violence, unbusinesslike conduct, harassment,
failure to abide by a Floor Official's ruling, property damage,
enabling or assisting a suspended member or associated person to gain
improper access to the floor, and failure to supervise a visitor.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 46823 (November 13,
2002), 67 FR 70275 (November 21, 2002).
---------------------------------------------------------------------------

    The Exchange believes that it should have similar explicit
authority to summarily exclude for short periods of time members and
associated persons that commit serious breaches of floor decorum. In
this regard, the Amex proposes to adopt a summary exclusion rule
similar CBOE Rule 6.20.
    The proposed Amex rule, like CBOE's Rule 6.20, would permit the
summary suspension of a member or person associated with a member or
member organization for the balance of a trading day by two Floor
Officials, acting in consultation with a designated senior executive
officer of the Exchange. Summary suspension from the Amex floor would
be permitted in situations involving the following serious violation of
floor decorum: physical violence, unbusinesslike conduct,\6\ harassment
(as set forth in Amex Rule 16), failure to abide by a Floor Official's
ruling, property damage, enabling or assisting a suspended member or
associated person to gain improper access to the floor, and failure to
supervise a visitor. The proposed Amex rule also would permit an
excluded person to request reinstatement to the trading floor from two
Floor Officials after a sufficient cooling-off period has elapsed so
that the excluded person no longer poses an immediate threat to the
safety of persons or property or to the orderly conduct of business.
The proposed rule requires that at least one of the Floor Officials who
considers a request for reinstatement must have participated in the
initial suspension decision to ensure that the persons considering
reinstatement are adequately apprised of the circumstances of the
suspension.
---------------------------------------------------------------------------

    \6\ In general, ``unbusinesslike conduct'' is conduct, other
than harassment, that disrupts trading.
---------------------------------------------------------------------------

    The Amex believes that having the authority to temporarily exclude
disruptive or potentially dangerous persons from the Exchange's
premises would assist the Exchange in defusing volatile situations,
safeguarding trading floor personnel and facilities. The Amex further
believes that the proposal also may benefit investors by minimizing
disruptions to the maintenance of a fair and orderly market. The
procedures for

readmission would permit an excluded person to return to the Floor once
he or she no longer poses a threat to persons or property or no longer
threatens the maintenance of a fair and orderly market.
2. Statutory Basis
    The Amex believes that the proposed rule change is consistent with
section 6(b) of the Act,\7\ in general, and furthers the objectives of
section 6(b)(5),\8\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, and, in general, to protect investors
and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 10 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments:

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-119 on the subject line.

Paper Comments:

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Amex-2005-119. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section. Copies of
such filing also will be available for inspection and copying at the
principal office of the Amex. 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 No. SR-Amex-2005-119 and
should be submitted on or before January 3, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-7194 Filed 12-9-05; 8:45 am]

BILLING CODE 8010-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 8, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-97-2911

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Northwest Airlines, Inc.     filed   6/5/2003  to:

XX Renew for two years exemption under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property and mail
between points in the United States and Capetown and Johannesburg, South
Africa, via Amsterdam, and to integrate this authority with its existing
exemption and certificate authority.  Northwest intends to operate this
service pursuant to a code-share arrangement with KLM Royal Dutch
Airlines.

Applicant rep:   Megan Rae Rosia<PHONE_NUMBER>    DOT Analyst:
Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: September 8, 2003, through
September 8, 2005

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and

South Africa.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificate of public convenience and necessity

	   XX  Standard exemption conditions (attached)

	   XX  Statement of authorization for Northwest/KLM code-share
operations granted

	           in Notice of Action Taken dated July 11, 2003, Docket
OST-2003-15191, and

           conditions therein

2

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority
requested should be construed as conferring upon Northwest rights
(including fifth-freedom intermediate and/or beyond rights) to serve
markets where U.S. carrier entry is limited unless Northwest notifies
the Department of its intent to serve such a market and unless and until
the Department has completed any necessary carrier selection procedures
to determine which carrier(s) should be authorized to exercise such
rights; and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in Northwest’s authority
by virtue of the route integration exemption granted here, but that are
not then being used by Northwest, the holding of such authority by route
integration will not be considered as providing any preference for
Northwest in a competitive carrier selection proceeding to determine
which carrier(s) should be entitled to use the authority at issue.

Remarks:  The authority for which Northwest requested renewal expired
August 8, 2003, but had been kept in force pursuant to the provisions of
the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14
CFR Part 377, pending action on its timely-filed renewal application.

________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1) Hold at all times effective operating authority from the government
of each country served;

(2) Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR
241;

(4) Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department
of Transportation, with all applicable orders and regulations of other
U.S. agencies and courts, and with all applicable laws of the United
States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

08/2003

 Northwest had requested that this authority be granted for two years or
until the Department granted its application for blanket code-share
authority with KLM in Docket OST-O3-15191, whichever occurred earlier.
While we granted the blanket authority on July 11, 2003, we have
determined that Northwest still requires the exemption authority at
issue here for the necessary underlying authority to conduct these
code-share operations.  Thus, we dismiss as moot Northwest's application
to the extent that it proposed to rely on the blanket authority instead
of the exemption authority granted here.


[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13499-13501]
[FR Doc No: 2013-04412]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0887; FRL- 9785-5]

Approval and Promulgation of Implementation Plans; Tennessee;
Revisions to the Knox County Portion of the Tennessee State
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Knox County portion of the Tennessee State Implementation Plan (SIP),
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC) on August 19, 2009, August 22,
2012, and October 12, 2012. The SIP submittals include changes to Knox
County Air Quality Management Regulations concerning open burning,
permits and regulation of volatile organic compounds (VOCs). TDEC
considers Knox County's SIP revisions to be as or more stringent than
the Tennessee SIP requirements. EPA is approving the Knox County SIP
revisions because the State has demonstrated that they are consistent
with the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective April 29, 2013 without
further notice, unless EPA receives adverse comment by April 1, 2013.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0887, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2012-0887,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0887. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be

publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9043. Mr. Lakeman can be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Analysis of Knox County's Submittals
II. Final Action
III. Statutory and Executive Order Reviews

I. Analysis of Knox County's Submittals

    On August 19, 2009, August 12, 2012 and October 12, 2012, TDEC
submitted SIP revisions to EPA for approval into the Knox County
portion of the Tennessee SIP. Specifically, the August 19, 2009, SIP
revision includes changes to regulations, section 16.0--Open Burning
(subsection 16.3.C), Section 25.0--Permits (subsection 25.10.B.11) and
Section 46.0--Regulation of Volatile Organic Compounds. The August 22,
2012, and October 12, 2012, SIP revisions both amend Section 25.0
(subsection 25.1). The Knox County SIP revisions, summarized below, are
as or more stringent than the Tennessee SIP and are approvable pursuant
to section 110 of the CAA. EPA is taking action to approve these SIP
revisions.

A. August 19, 2009, Submittal

    This SIP revision makes the following changes to Knox County
Regulations:
    Section 16 Open Burning, Section 25 Permits and Section 46
Regulation of Volatile Organic Compounds. Specifically, the submission
requests that:
    (1) Section 16.3.--Exceptions to Prohibition--Without Permit--
remove from the SIP paragraph 16.3.C allowing law enforcement agencies
to open burn contraband. EPA is not taking action on this request to
remove Section 16.3.C from the SIP because it was never approved into
the Knox County portion of the Tennessee SIP, therefore no action is
required;
    (2) Section 25.10--Permit by Rule adds Section 25.10.B.11 ``Ethanol
distribution operations'' so that ethanol distribution operations are
deemed to have a ``Permit by Rule'' if certain conditions are met. The
intent of the ``Permit by Rule''' provision is to provide a simple
compliance technique to limit a facility's potential emissions below
the ``major source'' threshold, with respect to title V of the CAA. The
ethanol distribution operations ``Permit by Rule'' provision operates
by limiting annual throughput and utilizing the Stage I vapor recovery
system to ensure that a source will not exceed the major source
thresholds; and
    (3) Section 46.2--Regulation of Volatile Organic Compounds--
replaces at paragraph 46. the existing definition of VOCs with the
federal definition of VOCs, by incorporating by reference 40 CFR part
51 subpart F definition of VOCs. This will ensure that the local and
federal definitions of VOCs are consistent.

B. August 22, 2012, Submittal

    This revision changes Knox County Regulation, section 25.0 by
adding a new subsection 25.1.D that states ``Additional and/or more
restrictive construction permit conditions may be established using the
same procedures and criteria specified in Section 25.3.I.'' This
provision allows for a more restrictive construction permit to be
issued provided it adheres to the procedures in Knox County Regulation,
section 25.3.I.

C. October 12, 2012, Submittal

    This SIP revision changes Knox County Regulation, section 25.0 by
adding a new subsection 25.1.E to specify that public notice and a 30-
day comment period will be provided for Knox County construction
permits for minor sources.

II. Final Action

    EPA is approving the aforementioned changes to Knox County portion
of the Tennessee SIP, because they are consistent with EPA policy and
the CAA. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective April 29, 2013
without further notice unless the Agency receives adverse comments by
April 1, 2013.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 29, 2013 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);

     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 29, 2013. 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. Parties with objections to this direct final rule are
encouraged to file any comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: February 12, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart RR--Tennessee

0
2. Section 52.2220(c) is amended by revising entries in Table 3 for
``Sections 25.0 and 46.0'' to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA Approval
         State section            Title/Subject    effective date        date                Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 25.0..................  Permits..........      10/10/2012  2/28/13 [Insert   ...........................
                                                                    first page of
                                                                    publication].

                                                  * * * * * * *
Section 46.0..................  Regulation of           8/12/2009  2/28/13 [Insert   ...........................
                                 Volatile Organic                   first page of
                                 Compounds.                         publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-04412 Filed 2-27-13; 8:45 am]
BILLING CODE 6560-50-P