[Federal Register: November 9, 2009 (Volume 74, Number 215)]
[Notices]
[Page 57728-57730]
[DOCID:fr09no09-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60913; File No. SR-ISE-2009-89]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Order Granting Accelerated Approval to a
Proposed Rule Change Relating to the Amounts That Direct Edge ECN, in
Its Capacity as an Introducing Broker for Non-ISE Members, Passes
Through to Such Non-ISE Members

November 2, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 30, 2009, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
ISE. The Commission is publishing this notice to solicit comments on
the proposed rule change from interested persons, and is approving the
proposal on an accelerated basis.
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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 modify the amounts that Direct Edge ECN
(``DECN''), in its capacity as an introducing broker for non-ISE
Members, passes through to such non-ISE Members.
    The text of the proposed rule change is available on the Exchange's
Internet Web site at http://www.ise.com.

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 self-regulatory organization
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 III below. The self-regulatory
organization 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
    DECN, a facility of ISE, operates two trading platforms, EDGX and
EDGA. On October 30, 2009, the ISE filed for immediate effectiveness a
proposed rule change to: (i) Amend DECN's fee schedule for ISE Members
\3\ to adopt new fees and rebates and associated flags; \4\ (ii) amend
the criteria for meeting the Ultra Tier; \5\ (iii) amend the
applicability of the Super Tier rebate to Tape B securities; \6\ and
(iv) make typographical changes to the fee schedule.\7\ The fee changes
made pursuant to SR-ISE-2009-88 became operative on November 1, 2009.
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    \3\ References to ISE Members in this filing refer to DECN
Subscribers who are ISE Members.
    \4\ In SR-ISE-2009-88, the Exchange adopted additional fees and
rebates to remain competitive with other market centers. First, the
Exchange amended the fees on EDGA for adding and removing liquidity
for securities priced $1 and over. Effective November 1, 2009, the
Exchange rebates $0.0002 per share for removing liquidity on EDGA if
the attributed MPID adds or routes a minimum average daily share
volume, measured monthly, of 50,000 shares on either EDGX, EDGA, or
EDGX and EDGA combined. As today, any attributed MPID not meeting
the aforementioned minimum is charged $0.0030 per share for removing
liquidity from EDGA. In addition, the Exchange charges $0.0002 per
share for adding liquidity on EDGA unless the attributed MPID adds a
minimum average daily share volume, measured monthly, of at least
50,000,000 shares on EDGA. If members meet or exceed such volume
threshold, they are not charged to add liquidity on EDGA.
    In addition, in SR-ISE-2009-88, the Exchange made conforming
changes to the flags associated with these above-described fees.
Flags associated with adding liquidity on EDGA were updated to
reflect the $0.0002 charge. These flags include B, V, and Y. The
fees associated with Flags 3 and 4, discussed in more detail below,
are also consistent with this fee structure. Flags associated with
removing liquidity on EDGA were updated to reflect the $0.0002
rebate. These flags include N and W. Flag 6, discussed in more
detail below, is also consistent with this fee structure.
    Furthermore, in SR-ISE-2009-88, the Exchange amended the fee on
EDGX for adding liquidity on Tape B for securities priced $1 and
over. The Exchange rebates $0.0025 per share (the same as currently
exists for Tapes A & C). A conforming change was made to Flag B,
which indicates liquidity added to EDGX's book.
    Finally, the Exchange amended the fees on both EDGX and EDGA for
securities priced less than $1. For such securities, the Exchange
amended the fees for routing to be 0.30% of the total dollar value
of the transaction instead of 0.29% of the dollar value of the
transaction.
    The Exchange believes that the above-described fee changes
enable DECN to compete effectively with other market centers.
    \5\ On July 1, 2009, the Exchange adopted a new Ultra Tier
Rebate whereby ISE Members are provided a $0.0032 rebate per share
for securities priced at or above $1.00 when ISE Members add
liquidity on EDGX if the attributed MPID satisfies one of the
following criteria on a daily basis, measured monthly: (i) Adding
100,000,000 shares or more on EDGX; or (ii) adding 50,000,000 shares
or more of liquidity on EDGX, so long as added liquidity on EDGX is
at least 20,000,000 shares greater than the previous calendar month.
The rebate described above is referred to as an ``Ultra Tier
Rebate'' on the DECN fee schedule. See Securities Exchange Act
Release No. 60232 (July 2, 2009), 74 FR 33309 (July 10, 2009) (SR-
ISE-2009-43).
    Per SR-ISE-2009-68, the Exchange amended the criteria for
meeting the Ultra Tier if ISE Members (i) add or route at least
10,000,000 shares of average daily volume prior to 9:30 a.m. or
after 4 p.m. (includes all flags except N and W) and add a minimum
of 75,000,000 shares of average daily volume on EDGX in total,
including during both market hours and pre- and post-trading hours.
See Securities Exchange Act Release No. 60769 (October 2, 2009), 74
FR 51903 (October 8, 2009) (SR-ISE-2009-68).
    In SR-ISE-2009-88, the Exchange also added an additional way to
qualify for the Ultra Tier. Members can also qualify for a $0.0032
rebate per share for all liquidity posted on EDGX if the attributed
MPID on a daily basis, measured monthly, adds a minimum of
50,000,000 shares per day to EDGX so long as the added liquidity on
EDGX is at least 50,000,000 shares greater than the previous
calendar month.
    The Exchange believes that this additional way to meet the Ultra
Tier (a tier-based rate) incents Members to interact with order flow
on DECN. This discount rate arises in part from reduced
administrative costs associated with certain volume levels.
    In SR-ISE-2009-88, the Exchange added liquidity flags to reflect
adding and removing liquidity during pre- and post-trading hours.
When members add liquidity on Tapes A & C during the pre- and post-
trading hours, they are rebated $0.0025 per share on EDGX and are
charged $0.0002 per share on EDGA and this situation yields Flag 3.
When members add liquidity during the pre- and post-trading hours on
Tape B, they are rebated $0.0025 per share on EDGX and charged
$0.0002 per share on EDGA and this situation yields Flag 4. When
members cross with themselves (internalization) during the pre- and
post-trading hours, they are charged $0.000025 per share on EDGX and
are not charged on EDGA. This situation yields flag 5. When members
remove liquidity from any Tape during the pre- and post-trading
hours, they are charged $0.0028 per share on EDGX and are rebated
$0.0002 on EDGA. This situation yields flag 6. Finally, for members
whose orders are routed from EDGA or EDGX during the pre- and post-
trading hours, they are charged $0.0030 per share. This situation
yields flag 7. In addition, the rebate of $0.0002 for removing
liquidity on EDGA and charge of $0.0002 for adding liquidity on EDGA
is described in more detail below. The Exchange believes that this
fee structure will enable it to compete effectively with other
market centers that have recently introduced such pricing.
    \6\ Additionally, in SR-ISE-2009-88, the Exchange modified the
Super Tier rebate to include transactions in Tape B securities as
well. Previously, the Super Tier only applied to Tapes A & C. As a
result of the amendment, Members who execute transactions in Tape B
securities also qualify for the Super Tier and are provided a
$0.0030 rebate per share for liquidity added on EDGX if the
attributed MPID satisfies any of the following three criteria on a
daily basis, measured monthly: (i) Adding 40,000,000 shares or more
on either EDGX, EDGA, or EDGX and EDGA combined; (ii) adding
20,000,000 shares or more on either EDGX, EDGA, or EDGX and EDGA
combined and routing 20,000,000 shares or more through EDGA; or
(iii) adding 10,000,000 shares or more of liquidity to EDGX, so long
as added liquidity on EDGX is at least 5,000,000 shares greater than
the previous calendar month.
    \7\ In SR-ISE-2009-88, the Exchange made typographical changes
to the fee schedule to clarify that Flags M, V, and Y are rebates
for adding liquidity. For Flag M, parentheses were added to indicate
that $0.0024 rebate per share is both on EDGA and EDGX. For Flags V
and Y, parentheses were added to indicate that the $0.0025 rebate
per share is on EDGX.
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    In its capacity as a member of ISE, DECN currently serves as an
introducing broker for the non-ISE Member subscribers of DECN to access
EDGX and EDGA. DECN, as an ISE Member and introducing broker, receives
rebates and is assessed charges from DECN for transactions it executes
on EDGX or EDGA in its capacity as introducing broker for non-ISE
Members. Since the amounts of such rebates and charges were changed
pursuant to SR-ISE-2009-88, DECN wishes to make corresponding changes
to the amounts it passes through to non-ISE Member subscribers of DECN
for which it acts as introducing broker. As a result, the per share
amounts that non-ISE Member subscribers receive and are charged will be
the same as the amounts that ISE Members receive and are charged.
    ISE is seeking accelerated approval of this proposed rule change,
as well an effective date of November 1, 2009. ISE represents that this
proposal will ensure that both ISE Members and non-ISE Members (by
virtue of the pass-through described above) will in effect receive and
be charged equivalent amounts and that the imposition of such amounts
will begin on the same November 1, 2009 start date.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(4),\9\ in particular, in that
it is designed to provide for the equitable allocation of reasonable
dues, fees and other charges among its members and other persons using
its facilities. In particular, this proposal will ensure that dues,
fees and other charges imposed on ISE Members are equitably allocated
to both ISE Members and non-ISE Members (by virtue of the pass-through
described above).
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. 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 No. SR-ISE-2009-89 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2009-89. 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the ISE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-ISE-2009-89 and should be submitted on
or before November 30, 2009.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\10\
Specifically, the Commission finds that the proposed rule change is
consistent with Section 6(b)(4) \11\ of the Act, which requires that
the rules of a national securities exchange provide for the equitable
allocation of reasonable dues, fees, and other charges among members
and issuers and other persons using its facilities.
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    \10\ In approving this proposal, the Commission has considered
its impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(4).
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    As described more fully above, ISE recently amended DECN's fee
schedule for ISE Members to, among other things, adopt new fees,
rebates and associated flags for adding and removing liquidity during
pre and post hours trading, add an additional method to qualify for the
Ultra Tier rebate, modify the Super Tier rebate to include transactions
in Tape B securities, adopt a charge for adding liquidity on EDGA
unless certain volume thresholds are met, revise the fees for adding
liquidity on EDGX and EDGA and made conforming changes to the flags
associated with these rebates and fees.\12\ The fee changes made
pursuant to the Member Fee Filing became operative on November 1, 2009.
DECN receives rebates and is charged fees for transactions it executes
on EGDX or EDGA in its capacity as an introducing broker for its non-
ISE member subscribers.
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    \12\ See File No. SR-ISE-2009-88 (the ``Member Fee Filing'').
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    The current proposal, which will apply retroactively to November 1,
2009, will allow DECN to pass through the revised rebates and fees to
the non-ISE member subscribers for which it acts an introducing broker.
The Commission finds that the proposal is consistent with the Act
because it will provide rebates and charge fees to non-ISE member
subscribers that are equivalent to those established for ISE member
subscribers in the Member Fee Filing.\13\
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    \13\ Id.
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    ISE has requested that the Commission find good cause for approving
the proposed rule change prior to the thirtieth day after publication
of notice of filing thereof in the Federal Register. As discussed
above, the proposal will allow DECN to pass through to non-ISE member
subscribers the revised rebate and fees established for ISE member
subscribers in the Member Fee Filing, resulting in equivalent rebates
and fees for ISE member and non-member subscribers. In addition,
because the proposal will apply the revised rebates and fees
retroactively to November 1, 2009, the revised rebates and fees will
have the same effective date, thereby promoting consistency in the
DECN's fee schedule. Accordingly, the Commission finds good cause,
pursuant to Section 19(b)(2) of the Act, for approving the proposed
rule change prior to the thirtieth day after the date of publication of
notice of filing thereof in the Federal Register.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-ISE-2009-89) be, and hereby
is, approved on an accelerated basis.
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    \14\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26879 Filed 11-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices]
[Page 50789-50791]
[DOCID:fr17au10-87]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62692; File No. SR-NYSEArca-2010-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change To List and Trade Shares of the ETFS
Precious Metals Basket Trust

August 11, 2010.

I. Introduction

    On June 15, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the ETFS Precious Metals Basket
Trust (``Trust'') pursuant to NYSE Arca Equities Rule 8.201. The
proposed rule change was published for comment in the Federal Register
on July 8, 2010.\3\ The Commission received no comments on the
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62402 (June 29,
2010), 75 FR 39292 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade Shares pursuant to NYSE
Arca Equities Rule 8.201, which governs the listing and trading of
Commodity-Based Trust Shares. ETFS Services USA LLC is the sponsor of
the Trust (``Sponsor''), The Bank of New York Mellon is the trustee of
the Trust (``Trustee''), and JPMorgan Chase Bank, N.A. is the custodian
of the Trust (``Custodian'').
    The Shares represent units of fractional undivided beneficial
interest in and ownership of the Trust. The investment objective of the
Trust is for the Shares to reflect the performance of the price of
physical gold, silver, platinum, and palladium in the proportions held
by the Trust, less the expenses of the Trust's operations.\4\
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    \4\ See the registration statement for the Trust on Form S-1,
filed with the Commission on April 29, 2010 (No. 333-164769)
(``Registration Statement'').
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    The Exchange deems the Shares to be equity securities, which
subjects trading in the Shares to the Exchange's existing rules
governing the trading of equity securities, and has represented that
trading in the Shares on the Exchange will occur in accordance with
NYSE Arca Equities Rule 7.34(a). The Exchange has also represented that
it has appropriate rules to facilitate transactions in the Shares
during all trading sessions.
    Additional information regarding the Trust, the Shares, the Trust's
investment objectives, strategies, policies, and restrictions, fees and
expenses, creation and redemption of Shares, the Bullion markets,
availability of information, trading rules and halts, and surveillance
procedures, among other things, can be found in the Notice and in the
Registration Statement.\5\
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    \5\ See supra notes 3 and 4.
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III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change to list and trade the Shares of the Fund is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\6\ In particular, the
Commission finds that the proposed rule change is consistent with the
requirements of Section 6(b)(5) of the Act,\7\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, promote just and
equitable principles of trade, foster cooperation and coordination with
persons engaged in facilitating transactions in securities, remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and in general to protect investors and the
public interest.
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    \6\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Commission also finds that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\8\ which sets forth Congress's finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be disseminated through the
facilities of the Consolidated Tape Association. In addition, the
Trust's Web site will provide an intraday indicative value (``IIV'')
per Share,\9\ updated at least every 15 seconds, as calculated by the
Exchange or a third

party financial data provider, during the Exchange's Core Trading
Session (9:30 a.m. to 4 p.m. E.T.). The Trust's Web site also will
provide the following information: (1) The net asset value (``NAV'') of
the Trust, on a per Share basis, as calculated each business day by the
Sponsor and the mid-point of the bid-ask price \10\ at the close of
trading in relation to such NAV (``Bid/Ask Price''), and a calculation
of the premium or discount of such price against such NAV; and (2) data
in chart format displaying the frequency distribution of discounts and
premiums of the Bid/Ask Price against the NAV, within appropriate
ranges, for each of the four previous calendar quarters; (3) the
Creation Basket Deposit; (4) the Trust's prospectus, and the two most
recent reports to stockholders; and (5) the last sale price of the
Shares as traded in the US market. Further, the Exchange will make
available over the Consolidated Tape trading volume, closing prices and
NAV for the Shares from the previous day. There is a considerable
amount of Bullion market information available on public Web sites and
through professional and subscription services. For example, investors
may obtain on a 24-hour basis Bullion pricing information based on the
spot price for an ounce of Bullion from various financial information
service providers, such as Reuters and Bloomberg. Reuters and Bloomberg
provide at no charge on their Web sites delayed information regarding
the spot price of Bullion and last sale prices of Bullion futures, as
well as information about news and developments in the Bullion market.
Reuters and Bloomberg also offer a professional service to subscribers
for a fee that provides information on Bullion prices directly from
market participants. Meanwhile, other public Web sites provide
information on Bullion, ranging from those specializing in precious
metals to sites maintained by major newspapers, such as The Wall Street
Journal. In addition, the London AM Fix and London PM Fix are publicly
available at no charge at or http://www.thebulliondesk.com.
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    \8\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \9\ The IIV is calculated by multiplying the indicative spot
price of Bullion by the quantity of Bullion backing each Share as of
the last calculation date.
    \10\ The bid-ask price of the Trust is determined using the
highest bid and lowest offer on the Consolidated Tape as of the time
of calculation of the closing day NAV.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Exchange states that it will obtain a representation from
the Trust that the NAV will be calculated daily and made available to
all market participants at the same time.\11\ Following the initial 12-
month period following commencement of trading, the Exchange will
consider the suspending trading in Shares or removing Shares from
listing if, among other things: (1) The value of the Bullion is no
longer calculated or available on at least a 15-second delayed basis
from a source unaffiliated with the sponsor, Trust, custodian or the
Exchange; (2) the Exchange stops providing a hyperlink on its Web site
to any such unaffiliated commodity value; or (3) the IIV is no longer
made available on at least a 15-second delayed basis.\12\ Under NYSE
Arca Equities Rule 7.34(a)(5), if the Exchange becomes aware that the
NAV is not being disseminated to all market participants at the same
time, it must halt trading on the NYSE Marketplace until such time as
the NAV is available to all market participants. With respect to
trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares.
These may include: (1) The extent to which conditions in the underlying
Bullion markets have caused disruptions and/or lack of trading; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule.\13\
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    \11\ See e-mail from Timothy J. Malinowski, Senior Director,
NYSE Euronext, to Christopher W. Chow, Special Counsel, and Daniel
T. Gien, Staff Attorney, Commission, dated July 29, 2010.
    \12\ See NYSE Arca Equities Rules 8.201(e)(2)(iv), (v).
    \13\ See NYSE Arca Equities Rule 7.12.
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    Further, NYSE Arca Equities Rule 8.201 sets forth certain
restrictions on ETP Holders acting as registered Market Makers in the
Shares to facilitate surveillance. Pursuant to NYSE Arca Equities Rule
8.201(g), an ETP Holder acting as a registered Market Maker in the
Shares is required to provide the Exchange with information relating to
its trading in the applicable underlying Bullion, related futures or
options on futures, or any other related derivatives. Commentary .04 of
NYSE Arca Equities Rule 6.3 requires an ETP Holder acting as a
registered Market Maker in Commodity-Based Trust Shares to establish,
maintain and enforce written policies and procedures reasonably
designed to prevent the misuse of any material nonpublic information
with respect to such products, any components of the related products,
any physical asset or commodity underlying the product, applicable
currencies, underlying indexes, related futures or options on futures,
and any related derivative instruments.
    In support of this proposal, the Exchange has made representations,
including the following:
    (1) The Shares will be subject to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.201.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.\14\ In addition, the Exchange may obtain trading
information via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members of the ISG.\15\
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    \14\ Pursuant to NYSE Arca Equities Rule 8.201(g), the Exchange
is able to obtain information regarding trading in the Bullion,
Bullion futures contracts, options on Bullion futures, or any other
Bullion derivative, by ETP Holders acting as registered Market
Makers.
    \15\ The Exchange notes that the New York Mercantile Exchange,
of which the COMEX is a division, is an ISG member; however, the
Tokyo Commodity Exchange, Inc. (``TOCOM'') is not an ISG member and
the Exchange does not have in place a comprehensive surveillance
sharing agreement with such market.
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    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (1)
The procedures for purchases and redemptions of Shares in Baskets
(including noting that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) how information regarding the
IIV is disseminated; (4) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; (5) the
possibility that trading spreads and the resulting premium or discount
on the Shares may widen as a result of reduced liquidity of Bullion
trading during the Core and Late Trading Sessions after the close of
the major world Bullion markets; and (6) trading information.
    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act

and the rules and regulations thereunder applicable to a national
securities exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-NYSEArca-2010-56) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-20256 Filed 8-16-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 72 (Thursday, April 14, 2022)]
[Notices]
[Page 22202]
[FR Doc No: 2022-08036]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3211-010]

Power Authority of the State of New York; Notice of Reasonable
Period of Time for Water Quality Certification Application

    On March 11, 2022, the Power Authority of the State of New York
submitted to the Federal Energy Regulatory Commission (Commission)
evidence of its application for a Clean Water Act section 401(a)(1)
water quality certification filed with New York State Department of
Environmental Conservation (New York DEC), in conjunction with the
above captioned project. Pursuant to section 401 of the Clean Water Act
\1\ and section 5.23(b) of the Commission's regulations,\2\ a state
certifying agency is deemed to have waived its certifying authority if
it fails or refuses to act on a certification request within a
reasonable period of time, which is one year after the date the
certification request was received. Accordingly, we hereby notify New
York DEC of the following:
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    \1\ 33 U.S.C. 1341(a)(1).
    \2\ 18 CFR [4.34(b)(5)/5.23(b)/153.4/157.22].
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    Date that New York DEC Received the Certification Request: March
11, 2022.
    If New York DEC fails or refuses to act on the water quality
certification request on or before March 11, 2023, then the agency
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: April 7, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-08036 Filed 4-13-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Rules and Regulations]
[Page 15901-15902]
[DOCID:fr26mr08-20]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0151]

Drawbridge Operation Regulations; State Boat Channel, Babylon, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Robert Moses Causeway Bridge across the State Boat Channel at mile
30.7, at Babylon, New York. Under this temporary deviation the Robert
Moses Causeway Bridge may remain in the closed position from March 31,
2008 through June 15, 2008. This deviation is necessary to facilitate
scheduled bridge maintenance.

DATES: This deviation is effective from March 31, 2008 through June 15,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the

docket are part of docket USCG-2008-0151 and are available online at
http:// www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the First
Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue,
Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First
Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Robert Moses Causeway Bridge, across the
State Boat Channel at mile 30.7, at Babylon, New York, has a vertical
clearance in the closed position of 29 feet at normal channel pool
elevation and 100 feet of horizontal clearance in the main channel. The
existing drawbridge operation regulations are listed at 33 CFR
117.799(i).
    The owner of the bridge, New York Department of Transportation,
requested a temporary deviation to facilitate scheduled bridge
rehabilitation and painting operations.
    Under this temporary deviation the Robert Moses Causeway Bridge may
remain in the closed position from March 31, 2008 through June 15,
2008. Vessels that can pass under the draw without a bridge opening may
do so at all times; however, vertical and horizontal clearances may be
reduced at various locations. Further information regarding vertical
and horizontal clearance reductions will be published in the Local
Notice to Mariners.
    This work was scheduled during the time of year when the bridge
seldom opens. The recreational boat marinas were contacted and have no
objection to the bridge closure.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
    Should the bridge maintenance authorized by this temporary
deviation be completed before the end of the effective period published
in this notice, the Coast Guard will rescind the remainder of this
temporary deviation, and the bridge shall be returned to its normal
operating schedule. Notice of the above action shall be provided to the
public in the Local Notice to Mariners and the Federal Register, where
practicable.

    Dated: March 17, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
 [FR Doc. E8-6153 Filed 3-25-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46951-46952]
[FR Doc No: 2022-16416]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2475-000]

Top Hat Wind Energy Holdings LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Top Hat Wind Energy Holdings LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 15, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human

Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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 the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: July 26, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16416 Filed 7-29-22; 8:45 am]
BILLING CODE 6717-01-P


Action Date NPRM 07/ 00/ 03 Final Action 07/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Federalism: This action may have federalism implications as defined in EO 13132. Additional Information: SAN No. 4342 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Thomas Grubbs, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5262 Fax: 202 564 3767 Email: grubbs. thomas@ epa. gov Stig Regli, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5270 Fax: 202 564 3767 Email: regli. stig@ epa. gov RIN: 2040   AD38 3407. DRINKING WATER CONTAMINANT CANDIDATE LIST 2 Priority: Routine and Frequent Legal Authority: 42 USC 300f et seq; SDWA1412( b)( 1)( B) CFR Citation: None Legal Deadline: Final, Statutory, February 6, 2003, 1 to 5 years after CCL. Abstract: This action is to develop the Second Drinking Water Contaminant Candidate List ( CCL2). To meet the Safe Drinking Water Act ( SDWA) requirements under section 1412( b)( 1)( B)( i), as amended in 1996, EPA will publish a list of contaminants that are known or anticipated to occur in public water systems which may require regulation under the SDWA. In developing this list of contaminants, that are not currently subject to any proposed or promulgated NPDWRs, EPA must consult with the SAB, provide an opportunity for public comments, consider the National Contaminant Occurrence Database ( developed under SDWA section 1445( g)), consider contaminants referred to in section 101( 4) of CERCLA, and substances registered as pesticides under FIFRA. Similar to CCL1, the CCL2 will be based on readily available occurrence and health effects information and evaluated by EPA. SDWA required the first CCL to be published 18 months after the date of enactment ( 2/ 98), and a new CCL every 5 years thereafter. The methods used to develop the CCL are described in the Federal Register ( 62 FR 52193). To respond to comments received on the draft drinking water CCL, the Agency requested assistance from the National Research Council ( NRC) for guidance on methods and processes to identify and narrow a very broad universe of potential contaminants into a smaller, more focused list for the future CCLs. The details of the NRC recommendation are available in the report entitled `` Classifying Drinking Water Contaminants for Regulatory Considerations.'' The NRC recommendations are being evaluated by a National Drinking Water Advisory Council Work Group and the results of this parallel effort will be used for future CCLs. Timetable:

Action Date Preliminary Notice Announcement 06/ 00/ 03 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00165 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31106 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Proposed Rule Stage Action Date Final Notice Announcement of CCL 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4703 Agency Contact: Thomas Carpenter, Environmental Protection Agency, Air and Radiation, 4607M, Washington, DC 20460 Phone: 202 564 4885 Fax: 202 564 3760 Email: carpenter. thomas@ epa. gov Dr. Jitendra Saxena, Environmental Protection Agency, Air and Radiation, 4607M Phone: 202 564 5243 Fax: 202 564 3760 Email: saxena. jitendra@ epa. gov RIN: 2060   AD86 Environmental Protection Agency ( EPA) Final Rule Stage Safe Drinking Water Act ( SDWA)

3408. NATIONAL PRIMARY DRINKING WATER REGULATIONS: GROUND WATER RULE Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104 4.

Legal Authority: 42 USC 300g 1; SDWA 1412( b)( 8)

CFR Citation: 40 CFR 141; 40 CFR 400 to 406; 40 CFR 142 14 to 16 ( Revision)

Legal Deadline: Other, Statutory, Not later than promulgation of the Stage 2 Disinfection Byproducts Rule ( currently scheduled for October 2004).

Abstract: EPA has proposed a targeted risk based regulatory strategy for all public water systems served by ground water. The proposed requirements provide a meaningful opportunity to reduce public health risk associated with the consumption of waterborne pathogens from fecal contamination for a substantial number of people served by ground water sources. The proposed strategy addresses risks through a multiple barrier approach that relies on five major components: periodic sanitary surveys of ground water systems requiring the evaluation of eight elements and the identification of significant deficiencies; hydrogeologic assessments to identify wells sensitive to fecal contamination; source water monitoring for systems drawing from sensitive wells without treatment or with other indications of risk; a requirement for correction of significant deficiencies and fecal contamination through the following actions: eliminate the source of contamination, correct the significant deficiency, provide an alternative source water, or provide a treatment which achieves at least 99.99 percent ( 4 log) inactivation or removal of viruses, and compliance monitoring to insure disinfection treatment is reliably operated where it is used.

Timetable:

Action Date NPRM 05/ 10/ 00 65 FR 30194 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Federalism: This action may have federalism implications as defined in EO 13132.

Additional Information: SAN No. 2340 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Crystal Rodgers, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5275 Fax: 202 564 3767 Email: rodgers. crystal@ epa. gov Tracy Bone, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5257 Fax: 202 564 3767 Email: bone. tracy@ epa. gov RIN: 2040   AA97 3409. DRINKING WATER: REGULATORY DETERMINATIONS REGARDING CONTAMINANTS ON THE DRINKING WATER CONTAMINANT CANDIDATE LIST Priority: Other Significant Legal Authority: 42 USC 300f et seq; SDWA1412( b)( 1)( B)

CFR Citation: None Legal Deadline: Other, Statutory, August 6, 2001, Final Regulatory Determination.

Abstract: The 1996 amendments to the Safe Drinking Water Act ( SDWA) requires EPA to publish a list of nonregulated contaminants every five years, which may warrant regulation due to their health effects and their potential for occurrence in public water systems ( PWSs). The first list, called the Contaminant Candidate List ( CCL), was published in the Federal Register on March 2, 1998 ( 63 FR 10274). When establishing the 1998 CCL, EPA divided the contaminants among three main categories: 1) contaminants which are priorities for additional research; 2) contaminants which need additional occurrence data; and 3) contaminants which are priorities for consideration for rulemaking. These contaminants are collectively referred to as the Regulatory Determination Priority contaminants. In addition to publishing the drinking water CCL, the SDWA also requires the Agency to select five or more contaminants from the CCL and determine, by August 2001, whether to regulate these contaminants with a National Primary Drinking Water Regulation ( NPDWR). The Regulatory Determination Priority category is the list of contaminants from which the Agency will determine whether or not regulations are necessary. There are currently nine contaminants that have sufficient scientific information to make regulatory determinations: Acanthamoeba; Aldrin; Dieldrin; Hexachlorobutadiene; Manganese; Metribuzin; Naphthalene; Sodium; and Sulfate. In order make a decision whether or not to develop a NPDWR for a contaminant, the SDWA requires three statutory tests be met: 1) the contaminant may have an adverse effect on the health of persons; 2) the contaminant is known to occur or there VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00166 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31107 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Final Rule Stage is a substantial likelihood that the contaminant will occur in public water systems with a frequency and at levels of public health concern; and 3) in the sole judgment of the Administrator, regulation of the contaminant presents a meaningful opportunity for health risk reduction for persons served by public water systems. Using these three statutory tests to make regulatory decisions, there are three possible outcomes: 1) regulate the contaminant with a NPDWR; 2) develop guidance ( e. g. Health or Consumer Advisory); or 3) determine no action is necessary.

Timetable:

Action Date Notice of Preliminary Regulatory Determinations 06/ 03/ 02 67 FR 38222 Notice of Final Regulatory Determinations 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4447 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Karen Wirth, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5246 Fax: 202 564 3760 Email: wirth. karen@ epa. gov Tom Carpenter, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4885 Fax: 202 564 3760 Email: carpenter. tom@ epa. gov RIN: 2040   AD61 3410. SIX YEAR REVIEW OF EXISTING NATIONAL PRIMARY DRINKING WATER REGULATIONS Priority: Other Significant Legal Authority: 42 USC 300f et seq CFR Citation: None Legal Deadline: Other, Statutory, August 6, 2002, Complete review for contaminants with NPDWRs promulgated prior to August 1996.

Abstract: The Safe Drinking Water Act ( SDWA) requires EPA to review and revise, if appropriate, all National Primary Drinking Water Regulations ( NPDWRs) no less frequently than once every six years. According to SDWA, any revisions of drinking water regulations must maintain, or increase, the level of public health protection provided; however, EPA may identify regulation changes that will streamline or reduce existing requirements without lessening the level of public health protection. As a part of this action, EPA will do two things: ( 1) develop an overall protocol for conducting each six year review; and ( 2) review 69 NPDWRs published prior to 1996. The remaining NPDWRs published prior to 1996 ( e. g., arsenic, radionuclides, most microbiological NPDWRs) have been, or are being, reviewed in the context of recent or ongoing rulemakings. No new requirements will be imposed by this action. The purpose of the review is to determine whether new data, technology, or other factors exist that justify revisions to existing NPDWRs. The outcome of each review will be a Federal Register notice making available the results of the Agency's review and a planned rulemaking schedule for the regulations that the Agency believes are appropriate candidates for revision at that time. EPA may decide that any of the following need to be revised: maximum contaminant level goals, maximum contaminant levels, analytical methods, monitoring, treatment, recordkeeping and reporting requirements. EPA plans extensive stakeholder outreach and consultation in the development of the protocol and throughout the review process.

Timetable:

Action Date Notice of Preliminary Decision 04/ 17/ 02 67 FR 19030 Notice of Final Decision 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4424 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Judy Lebowich, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4884 Fax: 202 564 3760 Email: lebowich. judy@ epa. gov Wynne Miller, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4887 Fax: 202 564 3760 Email: miller. wynne@ epa. gov RIN: 2040   AD67 Environmental Protection Agency ( EPA) Long Term Actions Safe Drinking Water Act ( SDWA)

3411. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect State, local or tribal governments.

Legal Authority: 42 USC 300f et seq; SDWA 1412 CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: Other, Statutory, February 6, 1999, Publish radon health risk reduction and cost analysis. NPRM, Statutory, August 6, 1999. Final, Statutory, November 2, 2000.

Abstract: EPA proposed regulations for radon in drinking water which provide flexibility in how to manage the health risks from radon, in both drinking water and in indoor air. States and systems would be able to focus their efforts on the highest radon risks to the public  in indoor air  while reducing the highest risks from radon in drinking water. The proposal was based on the unique framework in the 1996 Safe Drinking Water Act ( SDWA). The proposed regulation would provide two options to states and water systems for reducing public health risks from radon. Under the first option, states may choose to develop enhanced state programs to address the health risks from indoor radon while water systems VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00167 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31108 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Long Term Actions reduce radon levels in drinking water to at or below the higher, alternative maximum contaminant level MCL proposed at 4,000 pCi/ L ( picoCuries per liter, a standard unit of radiation). EPA is encouraging the states to adopt this approach as the most cost effective way to achieve the greatest radon risk reduction. If a state does not elect this option, the second option would require water systems in that state to either reduce radon in drinking water levels to the MCL of 300 pCi/ L, or to develop a local indoor radon program and reduce levels in drinking water to 4000 pCi/ L. Timetable:

Action Date ANPRM 09/ 30/ 86 51 FR 34836 NPRM 07/ 18/ 91 56 FR 33050 Notice 02/ 26/ 99 64 FR 9560 NPRM 11/ 02/ 99 64 FR 59245 Notice 06/ 23/ 00 65 FR 39113 Final Action 12/ 00/ 04 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Federalism: This action may have federalism implications as defined in EO 13132. Additional Information: SAN No. 2281 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Becky Allen, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4689 Fax: 202 564 3760 Email: allen. rebeccak@ epa. gov Dr. Richard Reding, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4656 Fax: 202 564 3760 Email: reding. richard@ epa. gov RIN: 2040   AA94 3412. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ALDICARB Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: None Abstract: EPA promulgated MCLs for aldicarb, aldicarb sulfoxide, and aldicarb sulfone in the Phase II rulemaking in 1991 at levels of 0.003, 0.004, and 0.002 ug/ l, respectively. In response to an administrative petition from the manufacturer Rhone Poulenc, the Agency issued an administrative stay of the effective date. EPA will reexamine risk assessment and occurrence data on aldicarb and make a determination of what further action is appropriate.

Timetable:

Action Date NPRM 08/ 00/ 04 Final Action 08/ 00/ 05 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 3238 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Dr. Richard Reding, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4656 Fax: 202 564 3760 Email: reding. richard@ epa. gov Dan Olson, Environmental Protection Agency, Water, 4607, Washington, DC 20460 Phone: 202 564 5239 Fax: 202 564 3760 Email: olson. daniel@ epa. gov RIN: 2040   AC13 3413. NATIONAL SECONDARY DRINKING WATER REGULATIONS ( NSDWR): METHYL TERTIARY BUTYL ETHER ( MTBE) AND TECHNICAL CORRECTIONS TO THE NSDWR Priority: Other Significant Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 143 ( Revision)

Legal Deadline: None Abstract: Methyl tertiary butyl ether ( MTBE) is a fuel additive used primarily to increase the oxygen content in gasoline. It has been used in increasing quantity in the 1990s to meet the requirements of the Federal Reformulated Gasoline ( FRG) and Oxyfuels programs required by the Clean Air Act Amendments of 1990. Although the use of MTBE in gasoline has helped to reduce harmful air emissions, it is being detected in groundwater and surface water throughout the country. In some instances the affected waters are drinking water sources. At relatively low levels, MTBE's taste and odor can make drinking water supplies unacceptable to consumers. In this action, EPA is proposing a secondary standard for MTBE, which would provide guidance for taste and odor acceptability and to protect the public welfare.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4404 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Irene Dooley, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4699 Fax: 202 564 3760 Email: dooley. irene@ epa. gov RIN: 2040   AD54 3414.   NATIONAL PRIMARY AND SECONDARY DRINKING WATER REGULATIONS: APPROVAL OF ADDITIONAL METHOD FOR THE DETECTION OF COLIFORMS AND E. COLI. IN DRINKING WATER Priority: Substantive, Nonsignificant Legal Authority: 42 USC 300f; 42 USC 300g1 6; 42 USC 300j 9; 42 USC 300j 11 CFR Citation: 40 CFR 141.21 Legal Deadline: None Abstract: The Office of Water will revise the National Primary and Secondary Drinking Water Regulations to approve the Colitag Method for the detection of coliforms and E. Coli. in finished drinking water. This promulgation adds an additional analytical method to part 141 to VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00168 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31109 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Long Term Actions monitor for total coliforms and E. Coli in finished drinking water, for which other methods have been approved previously. It does not withdraw any currently approved methods, nor does it add nor alter any current monitoring requirement. This rule provides the ability to use an additional standardized method, offering water systems and their laboratories further operational flexibility. On March 7, 2002, EPA published `` Unregulated Contaminant Monitoring Regulation: Approval of Analytical Method for Aeromonas; National Primary and Secondary Drinking Water Regulations: Approval of Analytical Methods for Chemical and Microbiological Contaminants; Proposed Rule.'' In this proposed rule, EPA sought comments on the proposed promulgation of multiple industry developed methods, one of which was the Colitag method, a `` Test for Detection and Identification of Coliforms and E. coli Bacteria in Drinking Water and Source Water as Required in National Primary Drinking Water Regulations.'' This method was proposed for the analysis of total coliforms and E. coli in finished drinking water samples. EPA has since received additional information from CPI International, developers of Colitag, relevant to the performance of the method. Such information included additional data as well as a reevaluation of previously reported data included in the public record that supported the proposed approval of Colitag. On December 2, 2002, EPA invited public comments on this additional information in `` Notice of Data Availability; National Primary and Secondary Drinking Water Regulations: Approval of Analytical Methods for Chemical and Microbiological Contaminants; Additional Information on the Colitag Method. Timetable:

Action Date NPRM 03/ 07/ 02 67 FR 10532 NODA 12/ 02/ 02 67 FR 71520 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4769 Agency Contact: Herbert J. Brass, Environmental Protection Agency, Water, MS140, Cincinnati, OH 45268 Phone: 513 569 7936 Fax: 513 569 7191 Email: brass. herb@ epa. gov James Sinclair, Environmental Protection Agency, Water, MS140, Cincinnati, OH 45268 Phone: 513 569 7970 Fax: 513 569 7191 Email: sinclair. james@ epa. gov RIN: 2040   AD90 3415.   NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE TOTAL COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND ADDITIONAL DISTRIBUTION SYSTEM REQUIREMENTS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: None Abstract: EPA will review and revise the Total Coliform Rule ( TCR) as part of the 6 year review required by the 1996 SDWA Amendments. EPA intends revisions to the TCR to maintain or provide for greater human health protection than under the existing TCR. A Federal Advisory Committee recommended that EPA, as part of the TCR 6 year review process, `` initiate a process for addressing cross connection control and backflow prevention requirements and consider additional distribution system requirements related to significant health risks.'' The TCR, promulgated in 1989, protects human health by requiring microbial monitoring in drinking water distribution systems. The TCR does not include distribution system corrective or protective requirements to reduce contamination from coliforms and other contaminants. EPA has gained a better understanding of distribution system impacts on human health and, therefore, is considering strengthening the TCR by adding distribution system requirements.

Timetable:

Action Date NPRM 06/ 00/ 06 Final Action 06/ 00/ 08 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 4775 Agency Contact: Ken Rotert, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5280 Fax: 202 564 3767 Email: rotert. kenneth@ epa. gov Eric Burneson, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5250 Fax: 202 564 3767 Email: burneson. eric@ epa. gov RIN: 2040   AD94 3416.   DRINKING WATER CONTAMINANT CANDIDATE LIST 3 Priority: Substantive, Nonsignificant Legal Authority: 42 USC 300g 1( b)

CFR Citation: None Legal Deadline: Other, Statutory, February 28, 2008, The 1996 SDWA Amendments require EPA to publish the third list of candidate contaminants by February 2008. Not a rulemaking.

Abstract: The Safe Drinking Water Act ( SDWA) as amended in 1996 requires EPA to publish a list of contaminants that are known or anticipated to occur in public water systems, and which may require regulation under the SDWA every five years. The purpose of this action is to prepare and publish the third Contaminant Candidate List ( CCL). In preparing the third list, EPA will evaluate the classification approach recommended by the National Academy of Sciences' National Research Council ( NRC) and, if possible, use the NRC approach to identify and narrow a very broad universe of potential contaminants into a smaller, more focused list for future CCLs. If we identify additional contaminants prior to 2006, we will consider those contaminants in the regulatory determinations for 2006.

Timetable:

Action Date Preliminary Notice 01/ 00/ 08 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00169 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31110 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Long Term Actions Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4745 Agency Contact: Thomas Carpenter, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4885 Fax: 202 564 3760 Email: carpenter. thomas@ epamail. epa. gov Yvette Selby, Environmental Protection Agency, Water, 4607M Phone: 202 564 5245 Fax: 202 564 3760 Email: selby. yvette@ epamail. epa. gov RIN: 2040   AD99 3417. UNDERGROUND INJECTION CONTROL: UPDATE OF STATE PROGRAMS Priority: Info./ Admin./ Other Legal Authority: 42 USC 300h 1SDWA 1422; 42 USC 300h 4SDWA 1425 CFR Citation: 40 CFR 147 ( Revision)

Legal Deadline: None Abstract: EPA provides a place in part 147 of its UIC regulations where all the State UIC programs are summarized. Included in this summarization are all the authorities and regulations used by the States to implement the UIC program, as well as all other documents that are relevant to the program. The primary reason for this is to provide one place where all the UIC programs nationwide are presented. A second reason, more importantly, is to allow EPA to incorporate by reference into the Code of Federal Regulations the State program authorities. Current citations to State regulations in 40 CFR part 147 are out of date for many States. This update is necessary to ensure that the CFR accurately reflects current approved State UIC programs and that elements of those programs are Federally enforceable if necessary. EPA Regional Offices will be submitting State revision packages as they are completed. Part 147 will then be updated in several stages. This is the first stage. This effort should have no impact on the regulated community because we will merely be incorporating by reference elements of already effective State programs.

Timetable:

Action Date Direct Final Rule To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4236 Agency Contact: Mario Salazar, Environmental Protection Agency, Water, 4606M, Washington, DC 20460 Phone: 202 564 3894 Fax: 202 564 3756 Email: salazar. mario@ epa. gov Bruce Kobelski, Environmental Protection Agency, Water, 4606M, Washington, DC 20460 Phone: 202 564 3888 Fax: 202 564 3756 Email: kobelski. bruce@ epamail. epa. gov RIN: 2040   AD40 3418.   UNREGULATED CONTAMINANT MONITORING REGULATION FOR PUBLIC WATER SYSTEMS REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141.40 Legal Deadline: Other, Statutory, August 6, 2004, This statute ( SDWA) requires EPA to publish a list. SDWA does not require a regulation nor does it set a deadline.

Abstract: The 1996 amendments to the Safe Drinking Water Act require the Agency to publish, every 5 years, a revised listing of the contaminants to be monitored under the UCMR. The purpose of this proposed action is to meet that requirement by revising the National Primary Drinking Water Regulations for the UCMR to: provide minor modifications to the current UCMR program to improve its implementation; to revise the lists of analytes to permit a second round of monitoring; and to approve the analytical methods needed to perform this monitoring.

Timetable:

Action Date NPRM 09/ 00/ 04 Final Action 09/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4770 Agency Contact: David J. Munch, Environmental Protection Agency, Water, MS140, Cincinnati, OH 45268 Phone: 513 569 7843 Fax: 513 569 7191 Email: munch. dave@ epa. gov Daniel Hautman, Environmental Protection Agency, Water, MS140, Cincinnati, OH 45268 Phone: 513 569 7274 Fax: 513 569 7191 Email: hautman. dan@ epa. gov RIN: 2040   AD93 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00170 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31111 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Completed Actions Safe Drinking Water Act ( SDWA)

3419. UNREGULATED CONTAMINANT MONITORING REGULATION: ANALYTICAL METHOD FOR AEROMONAS & NATIONAL PRIMARY & SECONDARY DRINKING WATER REGULATIONS: ANALYTICAL METHODS FOR CHEMICAL & MICROBIOLOGICAL CONTAMINANTS Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 141.40 Completed:

Reason Date Final Action 10/ 29/ 02 67 FR 65888 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Agency Contact: David J. Munch Phone: 513 569 7843 Fax: 513 569 7191 Email: munch. dave@ epa. gov Daniel Hautman Phone: 513 569 7274 Fax: 513 569 7191 Email: hautman. dan@ epa. gov RIN: 2040   AD81 3420.   NATIONAL PRIMARY DRINKING WATER REGULATIONS: MINOR REVISION TO CLARIFY ARSENIC STANDARD Priority: Substantive, Nonsignificant Legal Authority: 42 USC 300 et seq; SDWA 1412 CFR Citation: 40 CFR 141.23( a)( 4)( i); 40 CFR 141.23( k)( 1); 40 CFR 141.62( b); 40 CFR 141.154( b); 40 CFR 141.154( f) Legal Deadline: None Abstract: This rule proposes to revise the rule text establishing a 10 ppb arsenic drinking water standard ( 66 FR 6976, January 22, 2001) to express the standard as 0.010 mg/ L ( 10 ppb) instead of 0.01 mg/ L in response to issues raised in implementation of the rule. While EPA believes that the existing rule clearly establishes 10 ppb as the new standard, EPA believes that an amendment is appropriate to resolve concern about the use of significant figures to round all compliance results to the nearest 0.001 mg/ L ( 1 ppb). Timetable:

Action Date NPRM 12/ 23/ 02 67 FR 78203 Final Action 03/ 25/ 03 68 FR 14502 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4764 Agency Contact: Dr. Richard Reding, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 4656 Fax: 202 564 3760 Email: reding. richard@ epa. gov RIN: 2040   AD91 3421. MINOR REVISIONS TO THE PUBLIC NOTIFICATION RULE, CONSUMER CONFIDENCE REPORT RULE, AND PRIMACY RULE Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 141; 40 CFR 142 Completed:

Reason Date Final Action 11/ 27/ 02 67 FR 70850 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Agency Contact: Ronald W. Bergman Phone: 202 564 3823 Fax: 202 564 3755 Email: bergman. ronald@ epa. gov RIN: 2040   AD77 Environmental Protection Agency ( EPA) Long Term Actions Shore Protection Act ( SPA)

3422. SHORE PROTECTION ACT, SECTION 4103( B) REGULATIONS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 2601 Shore Protection Act of 1988; PL 100 688 4103( b) CFR Citation: 40 CFR 237 Legal Deadline: None Abstract: This rule will implement the Shore Protection Act ( SPA) and is designed to prevent the deposit of municipal and commercial waste into U. S. Coastal Waters. This rule establishes minimum waste handling practices for vessels and waste handling facilities involved in the transport of municipal or commercial wastes in the coastal waters of the United States. The rule may require certain vessels and waste handling facilities to develop an operation and maintenance manual that identifies procedures to prevent, report, and clean up deposits of waste into coastal waters. Local governments and businesses involved with the vessel transportation and shore side handling of these wastes would be affected by this rule. Currently no tribes are known to be involved in waste handling of this type; therefore none would be affected by this rule. In regards to small businesses, EPA has provided guidance on development of operation and maintenance manuals and encourages the use and documentation of existing industry practices that meet or exceed the EPA proposed minimum waste handling standards. All indications are that this regulation as proposed would have a minimal economic impact. This regulation will result in reduction of municipal and commercial wastes deposited in coastal waters. Timetable:

Action Date NPRM 08/ 30/ 94 59 FR 44798 Final Action 08/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Local Additional Information: SAN No. 2820 Agency Contact: Steven Giordano, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566 1272 Fax: 202 566 1546 Email: giordano. steven@ epa. gov James Woodley, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566 1288 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00171 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31112 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Shore Protection Act ( SPA) Long Term Actions Fax: 202 566 1546 Email: woodley. james@ epa. gov RIN: 2040   AB85 [ FR Doc. 03   10367 Filed 5   23   03; 8: 45 am]

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[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices]
[Page 58973-58974]
[DOCID:fr08oc08-76]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2008-1006]

National Offshore Safety Advisory Committee; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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SUMMARY: The National Offshore Safety Advisory Committee (NOSAC) will
meet, in New Orleans, LA, to discuss various issues relating to
offshore safety and security. The meeting will be open to the public.

DATES: NOSAC will meet on Thursday, November 13, 2008, from 9 a.m. to 3
p.m. The meeting may close early if all business is finished. Written
material and requests to make oral presentations should reach the Coast
Guard on or before October 30, 2008. Requests to

have a copy of your material distributed to each member of the
committee should reach the Coast Guard on or before October 30, 2008.

ADDRESSES: NOSAC will meet in the Versailles Ballroom of the Hilton New
Orleans Riverside Hotel, 2 Poydras Street, New Orleans, Louisiana. Send
written material and requests to make oral presentations to Commander
P.W. Clark, Designated Federal Officer, Commandant (CG-5222), U.S.
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC
20593-0001. This notice is available on our online docket, USCG-2008-
0188, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Commander P.W. Clark, Designated
Federal Officer (previously referred to as Executive Director) of
NOSAC, or Mr. Jim Magill, Assistant Designated Federal Officer
(previously referred to as Assistant Executive Director), telephone
202-372-1414, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of the meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agenda of Meeting

    The agenda for the November 13, 2008, committee meeting includes
the following:
    (1) Report on issues concerning the International Maritime
Organization (IMO) and the International Organization for
Standardization.
    (2) Revision of 46 CFR, Subchapter V, Subpart B--Commercial Diving
Operations.
    (3) MARPOL Annex II Implementation for New and Existing Offshore
Supply Vessels (OSVs).
    (4) Sandblasting standard for OCS facilities.
    (5) Evacuation of Injured Workers from remote Drilling and
Production Facilities.
    (6) Transportation Worker Identification Credential (TWIC) impact
on offshore facilities.
    (7) Effect of Hurricane IKE on OCS facilities.
    (8) Licensing of Large OSVs.
    (9) The LA 1 Project--New Access Road to GOM.
    (10) Information regarding notice of arrival on the U.S. Outer
Continental Shelf.

Procedural

    The meeting is open to the public. Please note that the meeting may
close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meeting.
If you would like to make an oral presentation at the meeting, please
notify the Designated Federal Officer no later than October 30, 2008.
Written material for distribution at the meeting should reach the Coast
Guard no later than October 30, 2008. If you would like a copy of your
material distributed to each member of the committee in advance of the
meeting, please submit 25 copies to the Designated Federal Officer no
later than October 30, 2008.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the Executive Director as soon as possible.

    Dated: October 2, 2008.
Howard L. Hime,
Acting Director of Commercial Regulations and Standards.
 [FR Doc. E8-23772 Filed 10-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Notices]
[Pages 48099-48100]
[FR Doc No: 2015-19725]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9932-14-OECA; Docket ID Number EPA-HQ-OECA-2015-0540]

Clean Water Act Class II: Proposed Administrative Settlement,
Penalty Assessment and Opportunity To Comment Regarding Comcast Cable
Communications, L.L.C.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has entered into a
Consent Agreement with Comcast Cable Communications, L.L.C. (Comcast or
Respondent) to resolve violations of the Clean Water Act (CWA) and the
Emergency Planning and Community Right-to-Know Act (EPCRA) and their
implementing regulations.
    The Administrator is hereby providing public notice of this Consent
Agreement and proposed Final Order (CAFO), and providing an opportunity
for interested persons to comment on the CWA and EPCRA portions of the
CAFO, pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).
Upon closure of the public comment period, the CAFO and any public
comments will be forwarded to the Agency's Environmental Appeals Board
(EAB).

DATES: Comments are due on or before September 10, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2015-0540, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID No. EPA-
HQ-OECA-2015-0540.
     Fax:<PHONE_NUMBER>, Attention Docket ID No. EPA-HQ-OECA-
2015-0540.
     Mail: Enforcement and Compliance Docket Information
Center, Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Avenue NW., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-OECA-2015-0540.
     Hand Delivery: Enforcement and Compliance Docket
Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B
3334, 1301 Constitution Avenue NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket is<PHONE_NUMBER>. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-2015-
0540. The 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the 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 the 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, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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 the EPA's public docket, visit the EPA
Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, (e.g., CBI or other information
whose disclosure is restricted by statute). Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically at www.regulations.gov or in hard copy at the
Enforcement and Compliance Docket Information Center in the EPA Docket
Center (EPA/DC), EPA West, Room B 3334, 1301 Constitution Avenue NW.,
Washington, DC. The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is<PHONE_NUMBER>,
and the telephone number for the Enforcement and Compliance Docket is
(202) 566-1927.

FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Special Litigation and
Projects Division (2248-A), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-
3271; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Background

    This proposed settlement agreement is the result of voluntary
disclosures of CWA and EPCRA violations by Comcast to the EPA. Comcast
is among the largest providers of cable services in the United States,
offering a variety of entertainment, information, and communications
solutions to residential and commercial customers, and is located at
1701 John F. Kennedy Boulevard, Philadelphia, PA 19103, and
incorporated in Delaware. The Comcast facilities that underwent audits
included engineering facilities, customer service centers, field
technician fulfillment offices, call centers, warehouses and
administrative offices.
    On August 11, 2014, the EPA and Respondent entered into a corporate
audit agreement pursuant to the Agency's policy on Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of
Violations (Audit Policy), 65 FR 19618 (Apr. 11,

2000), in which Respondent agreed to conduct a systematic, documented,
and objective review of its compliance with applicable provisions of
the CWA and EPCRA. Respondent agreed to submit a final audit report
detailing the specific facilities assessed, information setting forth
violations discovered, and corrective actions taken. Respondent
ultimately audited a total of 286 facilities, and as agreed upon with
the EPA, Respondent submitted a final audit report to the EPA on
January 5, 2015. All violations discovered and disclosed by the
Respondent are listed in Attachments A and B to the CAFO.

Proposed Settlement

    The EPA determined that Respondent satisfactorily completed its
audit and has met all conditions set forth in the Audit Policy. Comcast
has agreed to pay a civil penalty of $28,782 for the violations
identified in Attachments A and B. This figure is the calculated
economic benefit of noncompliance based on information provided by
Respondent and use of the Economic Benefit (BEN) computer model. Of
this amount $22,393 is attributable to CWA violations, and $6,389 is
attributable to EPCRA violations.
    The EPA and Respondent negotiated the Consent Agreement in
accordance with the Consolidated Rules of Practice, 40 CFR part 22,
specifically 40 CFR 22.13(b) and 22.18(b) (In re: Comcast Cable
Communications, L.L.C.; enforcement settlement identifier numbers CWA-
HQ-2015-8001 and EPCRA-HQ-2015-8001). This Consent Agreement is subject
to public notice and comment under Section 311(b)(6)(C) of the CWA, 33
U.S.C. 1321(b)(6)(C). The procedures by which the public may comment on
a proposed CWA Class II penalty order, or participate in a Class II
penalty proceeding, are set forth in 40 CFR 22.45. The deadline for
submitting public comment on this proposed Final Order is September 10,
2015. All comments will be transferred to the EAB for consideration.
The EAB's powers and duties are outlined in 40 CFR 22.4(a).

Disclosed and Corrected Violations

CWA

    Respondent disclosed that it failed to prepare and implement a
Spill Prevention, Control, and Countermeasure (SPCC) Plan in violation
of CWA Section 311(j), 33 U.S.C. 1321(j), and the implementing
regulations found at 40 CFR part 112, at 10 facilities located in
Alabama, Arkansas, Georgia, South Carolina, and Tennessee, identified
in Attachment B.
    Under CWA Section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner,
operator, or person in charge of a vessel, onshore facility, or
offshore facility from which oil is discharged in violation of CWA
Section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to
comply with any regulations that have been issued under CWA Section
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil
penalty of up to $177,500 by the EPA. Class II proceedings under CWA
Section 311(b)(6), 33 U.S.C. 1321(b)(6), are conducted in accordance
with 40 CFR part 22. As authorized by CWA Section 311(b)(6), 33 U.S.C.
1321(b)(6), the EPA has assessed a civil penalty for these violations.
    Pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), the
EPA will not issue an order in this proceeding prior to the close of
the public comment period.

EPCRA

    Respondent disclosed that it violated EPCRA Section 302(c), 42
U.S.C. 11002(c), and the implementing regulations found at 40 CFR part
355, at six facilities listed in Attachment A when it failed to notify
the State Emergency Response Commission (SERC) and/or the Local
Emergency Planning Committee (LEPC) that these facilities are subject
to the requirements of Section 302(c) of EPCRA. These facilities are
located in Alabama, South Carolina, and Tennessee.
    Respondent disclosed that it violated EPCRA Section 311(a), 42
U.S.C. 11021(a), and the implementing regulations found at 40 CFR part
370, at 22 facilities listed in Attachment A when it failed to submit a
Material Safety Data Sheet (MSDS) for hazardous chemicals and/or
extremely hazardous substances or, in the alternative, a list of such
chemicals, to the LEPCs, SERCs, and the fire departments with
jurisdiction over these facilities. These facilities are located in
Alabama, California, Georgia, South Carolina, Mississippi, and
Tennessee.
    Respondent disclosed that it violated EPCRA Section 312(a), 42
U.S.C. 11022(a), and the implementing regulations found at 40 CFR part
370, at 26 facilities listed in Attachment A when it failed to prepare
and submit emergency and chemical inventory forms to the LEPCs, SERCs,
and the fire departments with jurisdiction over these facilities. These
facilities are located in Alabama, California, Georgia, South Carolina,
Mississippi, and Tennessee.
    Under EPCRA Section 325, 42 U.S.C. 11045, the Administrator may
issue an administrative order assessing a civil penalty against any
person who has violated applicable emergency planning or right-to-know
requirements, or any other requirement of EPCRA. Proceedings under
EPCRA Section 325, 42 U.S.C. 11045, are conducted in accordance with 40
CFR part 22. The EPA, as authorized by EPCRA Section 325, 42 U.S.C.
11045, has assessed a civil penalty for these violations.

List of Subjects

    Environmental protection.

    Dated: August 4, 2015.
Andrew R. Stewart,
Acting Director, Special Litigation and Projects Division, Office of
Civil Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. 2015-19725 Filed 8-10-15; 8:45 am]
BILLING CODE 6560-50-P