[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Rules and Regulations]
[Pages 49528-49530]
[FR Doc No: 2022-17025]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R4-OAR-2022-0225; FRL-9912-02-R4]

Air Plan Approval; Kentucky; Removal of Excess Emissions
Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Kentucky Energy and
Environment Cabinet (Cabinet), on November 17, 2016, on behalf of the
Commonwealth of Kentucky (Commonwealth). The revision was submitted in
response to the EPA's SIP call published on June 12, 2015, concerning
excess emissions during startup, shutdown, and malfunction (SSM)
events. The submittal requests the revision of provisions identified in
the 2015 SIP call for the Kentucky SIP. EPA is approving the SIP
revision and finds that such SIP revision corrects the deficiencies
identified in the June 12, 2015, SIP call.

DATES: This rule is effective September 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R4-OAR-2022-0225. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation 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 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Estelle Bae, Air Permitting Section,
Air Planning and Implementation Branch, Air and Radiation Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. Ms. Bae can be reached by telephone at
(404) 562-9143 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 7, 2022, EPA proposed to approve a SIP revision submitted
by the Commonwealth through the Cabinet on November 17, 2016. See 87 FR
34612. In that proposal, EPA also proposed to determine that the SIP
revision corrects the deficiency with respect to Kentucky that the
Agency identified in the June 12, 2015, action titled ``State
Implementation Plans: Response to Petition for Rulemaking; Restatement
and Update of EPA's SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to
Excess Emissions During Periods of Startup, Shutdown, and
Malfunction,'' 80 FR 33839 (June 12, 2015), hereinafter referred to as
the ``2015 SSM SIP Action.'' The reasons for the proposed approval and
determination are stated in the June 7, 2022, proposed action and

will not be restated here. The public comment period for EPA's proposed
approval and determination ended on July 7, 2022, and EPA received one
comment in support of the proposal, which is available in the docket
for this action. Therefore, EPA is finalizing the action as proposed.

II. Final Action

    EPA is approving the Commonwealth's November 17, 2016, SIP
submission requesting removal of 401 KAR 50:055 section 1(1) and
section 1(4) from the Kentucky SIP. EPA has determined that this SIP
revision is consistent with the requirements for SIP provisions under
the CAA. EPA has also determined that this SIP revision corrects the
deficiencies identified in the 2015 SSM SIP Action with respect to the
Kentucky SIP.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. EPA is finalizing the removal of specific
provisions of 401 KAR 50:055, General Compliance Requirements, as
discussed in Sections I and II of this preamble. Specifically, EPA is
removing 401 KAR 50:055 section 1(1) and section 1(4) from the Kentucky
SIP, which are incorporated by reference in accordance with
requirements of 1 CFR 51.5. EPA has made, and will continue to make,
the SIP generally available at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. 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. See 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. 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 October 11, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.

    Dated: August 3, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart S--Kentucky

0
2. In Sec.  52.920(c), amend Table 1 by revising the entry for ``401
KAR 50:055'' to read as follows:

Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
        State citation              Title/subject       effective     EPA approval date         Explanation
                                                           date
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                                                  * * * * * * *
401 KAR 50:055................  General compliance       9/22/1982  05/04/89, 54 FR 19169  Except for Sections
                                 requirements.                                              1(1) and 1(4), which
                                                                                were removed from
                                                                                the SIP by EPA on 8/
                                                                                11/2022.

                                                  * * * * * * *
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* * * * *
[FR Doc. 2022-17025 Filed 8-10-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12345-12347]
[FR Doc No: 2012-4766]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66453; File No. SR-NYSEAMEX-2012-11]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending
Registration Requirements for Traders

February 23, 2012.
    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 February 9, 2012, NYSE Amex LLC (the ``Exchange'' or ``NYSE
Amex'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization (``SRO''). The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 its registration requirements for
traders. The text of the proposed rule change is available at the
Exchange, the Commission's Public Reference Room, and www.nyse.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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to amend its registration requirements for
traders.\5\
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    \5\ The Exchange's affiliate, NYSE Arca, Inc., has submitted a
substantially similar rule filing. See SR-NYSEAMEX-2012-11.
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Background

    NYSE Amex Options Rule 341(a) currently provides that no member or
member organization shall permit any natural person to perform
regularly any

of the duties normally performed by a (i) Registered representative,
(ii) securities lending representative, (iii) securities trader or (iv)
direct supervisor of any such individual unless such person has been
registered with, qualified by and approved by the Exchange. Commentary
.01 to NYSE Amex Options Rule 341 defines ``securities trader'' as any
person engaged in the purchase or sale of securities or other similar
instruments for the account of a member or member organization with
which he is associated, as an employee or otherwise, and who does not
transact any business with the public. A securities trader must pass
the Series 7 examination and is registered as a General Securities
Representative.\6\
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    \6\ Market Makers and Market Maker Authorized Trader [sic] are
subject to separate registration requirements that are found in NYSE
Rules 921NY and 921.1NY.
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Proposal

    As part of the proposed rule change, the Exchange proposes to
delete the word ``regularly'' from NYSE Amex Options Rule 341(a). The
Exchange is making this threshold change to the registration
requirement in the rule because it believes that registration is
required whenever the activities set forth in the rule are performed,
even if it would be on an irregular basis.
    In addition, the Exchange proposes to create a new, alternative
limited registration category for Proprietary Traders that would be
reflected in NYSE Amex Options Rule 341(a) and Commentary .01 to that
Rule. The Exchange has been working with other SROs, some of which have
recently enhanced their registration requirements for associated
persons,\7\ to develop the content outline and the qualification
examination, the Series 56, which would be applicable to Proprietary
Traders. Certain exchanges have submitted filings to the Commission to
utilize the Series 56.\8\ The Exchange expects to describe the Series
56 in detail and submit the content outline for it to the Commission in
a separate filing, as well as make the examination and alternative
registration category available in Web CRD.\9\ Accordingly, the
Exchange is amending its rules to recognize the Proprietary Trader
registration category and the Series 56.
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    \7\ See Securities Exchange Act Release Nos. 63843 (Feb. 4,
2011), 76 FR 7884 (Feb. 11, 2011) (SR-ISE-2010-115); and 63314 (Nov.
12, 2010), 75 FR 70957 (Nov. 19, 2010) (SR-CBOE-2010-084).
    \8\ See e.g., Securities Exchange Act Release No. 64699 (June
17, 2011) 76 FR 36945 (June 23, 2011) (SR-CBOE-2011-056).
    \9\ Web CRD is the central licensing and registration system for
the U.S. securities industry and its regulators.
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    Under the proposed rule change, the Exchange would rename the
category ``securities trader'' as ``Proprietary Trader.'' A Proprietary
Trader would be required to be registered as such on Web CRD and pass
the Series 56 examination described above, but would not be permitted
to function in an agency capacity or otherwise conduct a public
business in securities.\10\
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    \10\ The Exchange proposes to add language to the definition of
``Proprietary Trader'' to specify that the definition does not
include individuals required to be registered as Market Makers or
Market Maker Authorized Traders. See supra note 6.
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    The Exchange believes that the alternative limited registration
category and qualification examination are appropriate because they are
tailored to proprietary trading functions. Presently, persons engaged
in proprietary trading on the Exchange are required to pass the Series
7, which the Exchange believes covers a great deal of material that is
not relevant to proprietary trading functions. Instead, the Series 56
covers both equities and options trading rules, but not all of the
rules that are applicable to firms and persons conducting a public
business.
    Securities traders currently associated with member organizations
have previously passed the Series 7. The proposed rule change would not
require those individuals currently acting as securities traders who
have already passed the Series 7 to register under the new category as
Proprietary Traders or to pass the Series 56 because the Exchange
believes this would be redundant. Persons who have passed the Series 7
may, of course, engage in proprietary trading because the new
Proprietary Trader registration category is a limited registration
category. Thus, the proposal would not preclude associated persons from
registering as General Securities Representatives and passing the
Series 7 examination and then engaging in proprietary trading.
    The Exchange expects that individuals might consider the category
once it and the Series 56 examination become available for use by NYSE
Amex on Web CRD. Accordingly, the Exchange believes that the category
should be helpful to registering those individuals conducting a
business in proprietary trading, while at the same time preserving the
important goals of appropriate registration and qualification for
persons in the securities business. Additionally, member organizations
that hire new associated persons might choose to register them in the
category.
    The proposed rule change is not intended to replace the Series 7
requirement for all traders, but simply to offer an alternative to that
requirement on a going-forward basis for those qualified individuals
who solely conduct a business in proprietary trading and have shown
their proficiency by successfully passing the Series 56.
    The Exchange also proposes technical and conforming changes to NYSE
Amex Options Rules 6, 8, 340 (and Commentary .03 thereto), and 341B to
substitute ``Proprietary Trader'' for ``securities trader.''
    Finally, the Exchange notes that Proprietary Traders would be
subject to the continuing education requirements of NYSE Amex Options
Rule 341A.\11\
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    \11\ Under Commentary .01 of that Rule, registered persons whose
activities are limited solely to the transaction of business on the
Floor with members or registered broker-dealers are not subject to
continuing education requirements. The Exchange intends to submit a
separate filing in the future to apply continuing education
requirements to such persons so that all registered persons would be
subject to continuing education.
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Compliance Date

    Following effectiveness of the proposed rule change, the Exchange
will issue a Regulatory Bulletin announcing the compliance date within
30 days from the operative date of the rule change.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (``Act'') \12\ in general,
and furthers the objectives of (1) Section 6(c)(3)(B) of the Act,\13\
pursuant to which a national securities exchange prescribes standards
of training, experience and competence for members and their associated
persons; and (2) Section 6(b)(5) of the Act,\14\ in that it is
designed, among other things, to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that adopting
new registration requirements for associated persons of member
organizations who are acting in the capacity of a trader and by
offering an alternative limited registration category for Proprietary
Traders should help ensure that all associated persons engaged in a
securities business are, and will

continue to be, properly registered, trained and qualified to perform
their functions.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(c)(3)(B).
    \14\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
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 foregoing proposed rule 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 if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6).
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    The Commission believes it is consistent with the protection of
investors and the public interest to waive the 30-day operative delay.
Waiver of the 30-day operative delay will help ensure registration of
all associated persons of member firms performing certain duties on the
Exchange, even if certain activities performed on the Exchange are not
done by such persons on a regular basis. In addition, waiver of the
operative delay will enable associated persons of Exchange firms to
avail themselves of the limited Proprietary Trader registration
category, and qualify by taking the Series 56, as soon as it becomes
available. Finally, the technical changes will add clarity to NYSE
Amex's rules. For these reasons, the Commission hereby waives the 30-
day operative delay.\17\
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    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAMEX-2012-11 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-NYSEAMEX-2012-11. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549 on official business days between 10 a.m. and
3 p.m. Copies of the filing will also be available for inspection and
copying at the NYSE's principal office and on its Internet Web site at
www.nyse.com. 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-
NYSEAMEX-2012-11 and should be submitted on or before March 21, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4766 Filed 2-28-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Notices]
[Page 41907-41908]
[DOCID:fr19jy10-121]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, July
22, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.

    The subject matter of the Closed Meeting scheduled for Thursday,
July 22, 2010 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Adjudicatory matters; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: July 15, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-17661 Filed 7-15-10; 4:15 pm]
BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Notices]
[Pages 21405-21408]
[FR Doc No: 2016-08185]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77526; File No. SR-BatsEDGX-2016-05]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change Related
to Fees for Its Equity Options Platform

April 5, 2016.
    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 March 31, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to EDGX Rules
15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).

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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule (``Fee Schedule'')
for its equity options platform (``EDGX Options'') to add the
definitions of ``Appointed MM'' and ``Appointed OEF'', effective April
1, 2016, which would increase opportunities for firms to qualify for
tiered pricing on EDGX Options. Specifically, the Exchange proposes to
allow a Market Maker to designate an Order Entry Firm (``OEF'') as its
``Appointed OEF'' and for an OEF to designate a Market Maker as its
``Appointed MM,'' for purposes of the Fee Schedule. Members of EDGX
Options would effectuate such designation by completing and sending an
executed Volume Aggregation and Execution Detail Request form by email
to the Exchange.\6\ As specified in the proposed Fee Schedule, the
Exchange would view the transmittal of the completed form as acceptance
of such an appointment.\7\ The proposed new concepts would be
applicable to all tiered pricing offered by the Exchange, and are
designed to increase opportunities for firms to qualify for such tiers.
---------------------------------------------------------------------------

    \6\ See proposed language for ``Designating an Appointed OEF/
Appointed MM'' under ``Definitions'' section of the Fee Schedule.
Members should direct their executed forms to
<EMAIL_ADDRESS>    \7\ The Exchange further notes that, as proposed, the Exchange
would only recognize one such designation for each party once every
12 months, which designation would remain in effect unless or until
the Exchange receives written notice from either party indicating
that the appointment has been terminated. Id.
---------------------------------------------------------------------------

    The Exchange currently offers tiers as described in the footnotes
section of the Fee Schedule. Under the current tiers, Members that
achieve certain volume criteria may qualify for reduced fees or
enhanced rebates for Customer \8\ and Market Maker \9\ orders. In
connection with such tiers, the Exchange calculates on a monthly basis
a Member's ADV \10\ in Customer orders and Market Maker orders,
respectively, as a percentage of average TCV.\11\ Upon reaching a
volume threshold that qualifies a Member for a specified tier, a Member
receives the enhanced rebate or reduced fee associated with the highest
tier achieved for each eligible contract executed on the Exchange.
Under the Exchange's current Fee Schedule, a Member is permitted to
aggregate volume with other Members that control, are controlled by, or
are under common control with such Member. Thus, Members that act as
OEFs with affiliated broker-dealers that are Market Makers on the
Exchange, and vice-versa, may be able to qualify for certain pricing
incentives offered by the Exchange based on such affiliation and
aggregation.
---------------------------------------------------------------------------

    \8\ The term ``Customer'' applies to any transaction identified
by a Member for clearing in the Customer range at the Options
Clearing Corporation (``OCC''), excluding any transaction for a
Broker Dealer or a ``Professional'' as defined in Exchange Rule
16.1.
    \9\ The term ``Market Maker'' applies to any transaction
identified by a Member for clearing in the Market Maker range at the
OCC, where such Member is registered with the Exchange as a Market
Maker as defined in Rule 16.1(a)(37).
    \10\ ``ADV'' means average daily volume calculated as the number
of contracts added or removed, combined, per day.
    \11\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges to the consolidated transaction
reporting plan for the month for which the fees apply, excluding
volume on any day that the Exchange experiences an Exchange System
Disruption and on any day with a scheduled early market close.
---------------------------------------------------------------------------

    The proposal would be available to all Market Makers and OEFs.
Specifically, the proposed changes would enable any Market Maker to
qualify an Appointed OEF for purposes of volume-based tiers on the
Exchange. In this regard, the proposed change would enable a Market
Maker without an affiliated OEF--or with an affiliated OEF that doesn't
meet the volume requirements for tiered pricing--to enter into a
relationship with an Appointed OEF. Similarly, as proposed, an OEF, by
virtue of designating an Appointed MM, would be able to aggregate its
own Customer volume with the activity of its Appointed MM, which would
enhance the OEF's potential to qualify for tiered pricing.\12\
---------------------------------------------------------------------------

    \12\ An OEF that has both an Appointed MM and an affiliated
Market Maker may only aggregate volumes with one of these two, not
both. Specifically, the Exchange proposes to specify in the
definitions section that that ``[w]ith prior notice to the Exchange,
a Member may aggregate ADAV or ADV with other Members that control,
are controlled by, or are under common control with such Member or
who have been appointed as an Appointed OEF or Appointed OEF.'' See
proposed Fee Schedule, ``Definitions'', emphasis added.
---------------------------------------------------------------------------

    Thus, the proposed changes would enable firms that may not
currently be eligible for tiered pricing incentives to avail themselves
of such incentives as well as to assist firms that are currently
eligible for such incentives to potentially achieve a higher tier, thus
qualifying for higher rebates or reduced fees. The Exchange believes
these proposed changes would incentivize firms to direct their order
flow to the Exchange to the benefit of all market participants.
Further, the Exchange believes that the proposed changes would
encourage Market Maker firms to increase their participation on the
Exchange, which would increase capital commitment and liquidity on the
Exchange to the benefit of all market participants.
    As proposed, the Exchange would only process one designation of an
Appointed OEF and Appointed MM per year, which designation would remain
in effect unless or until the parties informed the Exchange of its
termination.\13\ The Exchange believes that this requirement would
impose a measure of exclusivity and would enable both parties to rely
upon each other's transaction volumes executed on the Exchange, and
potentially increase such volumes, which is beneficial to all Exchange
participants.
---------------------------------------------------------------------------

    \13\ See supra, note 7.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\14\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\15\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its proposed fees and rebates are

reasonable, fair and equitable, and non-discriminatory for the
following reasons. First, the proposal would be available to all Market
Makers and OEFs and the decision to be designated as an ``Appointed
OEF'' or ``Appointed MM'' is completely voluntary and Members may elect
to accept this appointment or not. In addition, the proposed changes
would enable firms that are not currently eligible for tiered pricing
to avail themselves such pricing as well as to assist firms that are
currently eligible for such tiers to potentially achieve a higher tier,
thus qualifying for higher rebates or lower fees. The Exchange believes
these proposed changes would incentivize firms to direct their order
flow to the Exchange. Specifically, the proposed changes would enable
any Market Maker to qualify its Appointed OEF for purposes of tiered
pricing. Moreover, the proposed change would allow any OEF, by virtue
of designating an Appointed MM, to aggregate its own Customer volume
with the activity of its Appointed MM, which would enhance the OEF's
potential to qualify for enhanced rebates or reduced fees. The Exchange
believes these proposed changes would incentivize Appointed OEFs with
an Appointed MM to direct their order flow to the Exchange, which
increase in orders routed to the Exchange would benefit all market
participants by expanding liquidity and providing more trading
opportunities on the Exchange. Similarly, the Exchange believes these
proposed changes would incentivize Appointed MMs with an Appointed OEF
to increase their participation on the Exchange, which would increase
capital commitment and liquidity and decrease spreads on the Exchange
to the benefit of all market participants. The Exchange believes that,
similar to volume based tiers offered by the Exchange, the benefits of
the proposal extend to all market participants based on the increased
quality of liquidity on the Exchange, including those market
participants that opt not to become an Appointed OEF or Appointed MM.
    Further, the Exchange believes that the proposal is reasonable and
equitably allocated because it is beneficial to all Exchange
participants based on the fact that it enables parties to rely upon
each other's transaction volumes executed on the Exchange, and
potentially increase such volumes. In turn, as above, the potential
increase in order flow, capital commitment and resulting liquidity on
the Exchange would benefit all market participants by expanding
liquidity, providing more trading opportunities and tighter spreads.
The proposal is also reasonable, equitable and not unfairly
discriminatory because the Exchange would only process one designation
of an Appointed OEF and Appointed MM per year, which requirement would
impose a measure of exclusivity while allowing both parties to rely
upon each other's transaction volumes executed on the Exchange, and
potentially increase such volumes, again, to the benefit of all market
participants. Finally, the Exchange believes the proposal is
reasonable, equitable and not unfairly discriminatory as it may
encourage an increase in orders routed to the Exchange, which would
expand liquidity and provide more trading opportunities and tighter
spreads to the benefit of all market participants, even to those market
participants that are either currently affiliated by virtue of their
common ownership or that opt not to become an Appointed OEF or
Appointed MM under this proposal.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed amendments to its
fee schedule would impose any burden on competition that is not
necessary or appropriate in furtherance of the purposes of the Act. The
Exchange believes that the proposed changes are pro-competitive as they
would increase opportunities for firms to qualify for tiered pricing on
the Exchange, which may increase intermarket and intramarket
competition by incenting participants to direct their orders to the
Exchange thereby increasing the volume of contracts traded on the
Exchange and enhancing the quality of quoting. Enhanced market quality
and increased transaction volume that results from the anticipated
increase in order flow directed to the Exchange would benefit all
market participants and improve competition on the Exchange. The
Exchange notes that it operates in a highly competitive market in which
market participants can readily favor competing venues. In such an
environment, the Exchange must continually review, and consider
adjusting, its fees and rebates to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

(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 written comments from members or other interested parties.

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) of the Act \16\ and paragraph (f) of Rule 19b-4
thereunder.\17\ 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
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsEDGX-2016-05 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-BatsEDGX-2016-05. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public

Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-BatsEDGX-2016-05 and should be submitted on or before
May 2, 2016.
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08185 Filed 4-8-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76328-76331]
[FR Doc No: 2010-30738]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1134]
RIN 1625-AA87

Security Zone; Vessels Carrying Hazardous Cargo, Sector Columbia
River Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes the establishment of a 500 yard
security zone around vessels carrying hazardous cargo, as determined by
the Captain of the Port (COTP) Columbia River, when such vessels are
located in the Sector Columbia River COTP Zone as defined in 33 CFR
3.65-15 and the COTP Columbia River determines that a security zone is
necessary and enforcement of that security zone is practicable. The
security zones will help ensure the security of the vessels themselves
as well as the maritime public due to the hazardous nature of the cargo
on board.

DATES: Comments and related material must be received by the Coast
Guard on or before March 8, 2011. Requests for public meetings must be
received by the Coast Guard on or before January 24, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1134 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Division,
Coast Guard Sector Columbia River; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-1134), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online(via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-1134'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and we may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-1134'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act, system of
records notice regarding our public dockets in the January 17, 2008,
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before January 24, 2011 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register.

Background and Purpose

    Vessels carrying hazardous cargo occasionally operate in the Sector
Columbia River COTP Zone. Examples of hazardous cargoes include, but
are not limited to, liquefied petroleum gas, ammonium nitrate and
associated mixtures, anhydrous ammonia, and chlorine. The security
zones that would be created by this rule will help ensure the security
of the vessels themselves as well as the maritime public in general by
prohibiting all persons or vessels from coming within 500 yards of such
vessels while located in Sector Columbia River COTP Zone. In the past,
the COTP Columbia River has issued temporary security zones to cover
certain vessels carrying hazardous cargo.

Discussion of Proposed Rule

    The Coast Guard proposes the establishment of a 500 yard security
zone around any vessel carrying hazardous cargo, as determined by the
COTP Columbia River, when such a vessel is located in the Sector
Columbia River COTP Zone as defined in 33 CFR 3.65-15 and the COTP
Columbia River determines that a security zone is necessary and
enforcement of that security zone is practicable.
    All persons and vessels would be prohibited from entering or
remaining in the security zone unless authorized by the COTP Columbia
River. The maritime public will be notified when a security zone is
effective via the presence of one or more Coast Guard vessels to
enforce the zone and a local broadcast notice to mariners.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The Coast Guard has made
this determination based on the fact that the security zones created by
this rule will only be in effect during the limited periods of time
when vessels carrying hazardous cargo, as determined by the COTP
Columbia River, are located in the Sector Columbia River COTP Zone. In
addition, maritime traffic will be able to transit around the security
zones or, if necessary, may be allowed to transit through the security
zones with permission from the COTP Columbia River.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This proposed rule may affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to operate in an area covered by a security zone created by
this rule. The security zones created by this rule will not have a
significant economic impact on a substantial number of small entities,
however, because they will only be in effect during the limited periods
of time when vessels carrying hazardous cargo, as determined by the
COTP Columbia River, are located in the Sector Columbia River COTP
Zone. In addition, maritime traffic will be able to transit around the
security zones or, if necessary, may be allowed to transit through the
security zones with permission from the COTP Columbia River.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact MST1 Jaime Sayers,
Waterways Management Division, Coast Guard Sector Columbia River at
telephone<PHONE_NUMBER>. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes. We
invite your comments on how this proposed rule might impact Tribal
governments, even if that impact may not constitute a ``Tribal
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.1D, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of a security zone. Therefore, this
rule would be categorically excluded under Figure 2-1, paragraph (34)
(g) of Commandant Instruction M16475.1D, which addresses regulations
establishing, disestablishing, or changing regulated navigable areas
and security or safety zones. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add Sec.  165.1335 to read as follows:

Sec.  165.1335  Security Zone; Vessels Carrying Hazardous Cargo, Sector
Columbia River Captain of the Port Zone.

    (a) Location. The following area is a security zone: All waters
within 500 yards, in all directions, of any vessel carrying hazardous
cargo, as determined by the Captain of the Port (COTP) Columbia River,
while such a vessel is located in the Sector Columbia River COTP Zone
as defined in 33 CFR 3.65-15 and the COTP Columbia River determines
that a security zone is necessary and enforcement of the security zone
is practicable.
    (b) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart D, no person or vessel may enter or remain in
a security zone created by this section without the permission of the
COTP Columbia River or his/her designated representative. Designated
representatives are Coast Guard personnel authorized by the COTP
Columbia River to grant persons or vessels permission to enter or
remain in a security zone created by this section. Subpart D of 33 CFR
part 165 contains additional provisions applicable to a security zone
created by this section.
    (2) To request permission to enter a security zone created by this
section, contact Coast Guard Sector Columbia River at telephone number
503-861-

6212 or via VHF channel 16 (156.8 MHz) or VHF channel 22 (157.1 MHz).
    (c) Notification. When a security zone is created by this section,
one or more Coast Guard vessels will be present to enforce the security
zone and the COTP Columbia River will issue a local broadcast notice to
mariners.

    Dated: November 5, 2010.
D.E. Kaup,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2010-30738 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P


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Kodak Park 1669 Lake Avenue Rochester NY 14652 Monroe 43 12 10 77 37 45 3861 325992 Advantix film Imation Enterprises Corp. 2700 East Frontage Road Weatherford OK 73096 Custer 35 31 15 98 41 01 3695; 3861 334613;

325992 diskettes,

datatape Magnetic Tape Emissions ( lb/ yr) Acrylonitrile Ethyl acrylate Ethyl benzene Facility name Address City State Zip Stack Stack Fugitive Stack Fugitive Quantegy Inc. 2230 Marvyn Parkway Opelika AL 36801 JVC Magnetics America Co. # 1 JVC Road Tuscaloosa AL 35405 Sony Magnetics Products Inc. of America 4275 W. Main Street Dothan AL 36305 3M Magnetic Tape Manufacturing Division 905  915 Adam Street S. E. Hutchinson MN 55350 90 0 Eastman Kodak Co.  Kodak Park 1669 Lake Avenue Rochester NY 14652 Imation Enterprises Corp. 2700 East Frontage Road Weatherford OK 73096 0.4 0.4 0.4 Total, lb/ yr 0.4 0.4 0.4 90 0 Magnetic Tape Emissions ( lb/ yr)

Facility name Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Ethylene glycol n Hexane Methanol MEK MIBK Stack Stack Fugitive Stack Fugitive Stack Fugitive Stack Fugitive 14,766 42,710 167,458 4,880 375,300 14 5,100 90 23,400 0 48,000 29,400 300 0 2,434 107 329 2,759 4,628 14 5,100 90 23,507 329 72,839 619,496 300 0 Magnetic Tape Emissions ( lb/ yr)

Facility name Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Phenol Styrene Toluene Toluene diisocyanate Triethylamine Xylenes Stack Fugitive Fugitive Stack Fugitive Stack Stack Fugitive Stack Fugitive 32 9,880 28,605 109,759 1,200 90,900 42,000 10,200 300 39 6,066 3 9 1,246 3,738 0.4 0.9 5 3 9 32 60,392 243,202 0.4 0.9 5 300 39 Magnetic Tape Emissions ( lb/ yr)

Facility name Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Hydrogen chloride Antimony Cobalt Cobalt compounds Lead compounds Stack Stack Stack Fugitive Fugitive Stack 5 5 1,150 250 6 0 7 70 0.003 6 5 1,155 250 7 Magnetic Tape Emissions ( lb/ yr)

Facility name Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Total HAP from mag tape Stack Fugitive Organics Acid gases Metals Total 24,651 71,352 95,993 0 10 96,003 0 277,217 277,217 0 0 277,217 6,080 467,600 472,280 0 1,400 473,680 119,217 39,729 158,933 0 14 158,946 8,570 0 8,500 70 0.003 8,570 4,117 8,710 12,827 0 0 12,827 162,635 864,608 1,025,749 70 1,424 1,027,243 Facility Emissions ( lb/ yr) Acrylonitrile Stack Fugitive Stack Fugitive Stack Quantegy Inc. 2230 Marvyn Parkway Opelika AL 36801 JVC Magnetics America Co. # 1 JVC Road Tuscaloosa AL 35405 Sony Magnetics Products Inc. of America 4275 W. Main Street Dothan AL 36305 3M Magnetic Tape Manufacturing Division 905  915 Adam Street S. E. Hutchinson MN 55350 Eastman Kodak Co.  Kodak Park 1669 Lake Avenue Rochester NY 14652 18,000 100 8,000 2,300 Imation Enterprises Corp. 2700 East Frontage Road Weatherford OK 73096 4 Total, lb/ yr 18,000 100 8,000 2,300 4 Facility name Acetaldehyde Acetonitrile City Zip Address State Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Chloromethane Stack Fugitive Stack Fugitive Stack Stack Fugitive Stack Fugitive 320 2 41,000 14,000 450 280 1 32 9 320 2 41,000 14,000 450 280 1 32 9 Aniline Chlorine Cresol Dibutyl phthalate Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Diethanolamine Stack Fugitive Stack Fugitive Stack Stack Fugitive Stack Fugitive 1,200,000 67,000 13,000 300 3 81 7 4,000 2 1,200,000 67,000 13,000 300 3 81 7 4,000 2 Dichloromethane 1,2 Dichloropropane N, N Dimethylaniline N, NDimethylformamide Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Stack Fugitive Stack Fugitive Stack Fugitive Stack Fugitive Stack Fugitive 300 0 45 140 2,800 2 0.31 3,700 1,000 5 5 140 2,800 2 0 5 5 300 0 3,745 1,000 1,4 Dioxane Dioxin and dioxin like compounds Ethyl acrylate Ethyl benzene Ethylene glycol Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Hydroquinone Stack Fugitive Stack Fugitive Stack Fugitive Stack Stack Fugitive 17,000 300 78,000 0 1,000 1,200 13,000 1,400 510 390,000 91,000 1,200 3,700 1,000 1,200 13,000 1,400 17,000 300 510 469,200 94,700 Formaldehyde Glycol ethers n Hexane Methanol Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Stack Fugitive Stack Fugitive Stack Fugitive Stack Fugitive Stack Fugitive 14,766 42,710 167,458 4,880 375,300 160,000 98,000 1,000 0 18,000 6,600 6,800 210 110 3 400 3 0.88 0.001 31,000 52,000 30 100 228,646 742,068 7,800 210 110 3 430 103 0.88 0.001 MEK MIBK Methyl methacrylate Phenol Polycyclic aromatic compounds Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Toluene diisocyanate Stack Fugitive Stack Fugitive Stack Fugitive Stack Stack Fugitive 32 9,880 28,605 109,759 1,200 90,900 140,000 34,000 1,500 22 200 91 55,000 6,300 2,500 20 14,000 42,000 5 10 60 1,500 22 200 123 220,080 311,564 5 2,510 80 Propylene oxide Styrene Toluene Triethylamine Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Hydrogen fluoride Antimony Chromium compounds Stack Fugitive Stack Fugitive Stack Fugitive Stack Stack Stack 1,000 130 21 180 2 16,000 920 1,400,000 100 160,000 1,600 2,800 180 2 17,000 1,050 1,400,000 100 160,000 1,621 2,800 Vinylidene chloride Xylenes Hydrogen chloride Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Cobalt compounds Lead compounds Mercury compounds Stack Fugitive Fugitive Stack Stack 5 5 1,150 250 0 24 25 5 1,155 250 24 25 Cobalt Facility Emissions ( lb/ yr)

Quantegy Inc.

JVC Magnetics America Co.

Sony Magnetics Products Inc. of America 3M Magnetic Tape Manufacturing Division Eastman Kodak Co.  Kodak Park Imation Enterprises Corp.

Total, lb/ yr Facility name Total HAP from facility Stack Fugitive Organics Acid gases Metals Total 24,651 71,352 95,993 0 10 96,003 0 277,217 277,217 0 0 277,217 6,080 467,600 472,280 0 1,400 473,680 397,390 132,430 529,775 0 45 529,820 3,358,634 195,392 1,989,501 1,560,100 4,425 3,554,026 46,254 97,865 144,119 0 0 144,119 3,833,009 1,241,856 3,508,885 1,560,100 5,880 5,074,865 Magnetic Tape Parameters Facility name Address City State Zip Plant/

Area Equipment Emission type Control devices Stack ht, ft Stack diam, ft Stack temp, F Stack flow,

scfm Stack flow,

acfm Stack veloc,

ft/ sec Bldg volume, ft3 Oper hr/ yr Quantegy Inc. 2230 Marvyn Parkway Opelika AL 36801 All Storage tanks, mix tanks, coating lines,

ovens Stack # 1 Carbon adsorber # 1 17 2.7 6,240 All Storage tanks, mix tanks, coating lines,

ovens Stack # 2 Carbon adsorber # 2 17 2.7 6,240 All Storage tanks, mix tanks, coating lines,

ovens Stack # 3 Carbon adsorber # 3 17 2.7 6,240 All Storage tanks, mix tanks, coating lines,

ovens Stack # 4 Carbon adsorber # 4 17 2.7 6,240 All Storage tanks, mix tanks, coating lines,

ovens Stack # 5 Carbon adsorber # 5 17 2.7 6,240 All Storage tanks, mix tanks, coating lines,

ovens Stack # 6 Carbon adsorber # 6 17 2.7 6,240 1 Coating lines Fugitive None 4,312 6,240 1 Ovens Fugitive None 33,750 6,240 1 Mix prep area Fugitive None 171,110 8,736 2 Coating line 1 Fugitive None 878 6,240 2 Coating line 2 Fugitive None 1,440 6,240 2 Ovens Fugitive None 165,835 6,240 2 Mix prep area Fugitive None 415,538 8,736 R& D Coating line 1 Fugitive None 619 6,240 R& D Coating line 2 Fugitive None 2,475 6,240 R& D Oven 1 Fugitive None 14,850 6,240 R& D Oven 2 Fugitive None 7,475 6,240 R& D Mix prep area Fugitive None 53,035 8,736 JVC Magnetics America Co. # 1 JVC Road Tuscaloosa AL 35405 1 Mixing room Fugitive Condenser 290,133 2 Coating and rewind room Fugitive Condenser 283,729 3 Coating room Fugitive Condenser 253,760 4 K room Fugitive Condenser 54,080 Sony Magnetics Products Inc. of America 4275 W. Main Street Dothan AL 36305 Mixing room, coating line, oven Mostly fugitive See drawing 3M Magnetic Tape Manufacturing Division 905  915 Adam Street S. E. Hutchinson MN 55350 Eastman Kodak Co.

Kodak Park 1669 Lake Avenue Rochester NY 14652 A Coater Stack RTO with caustic scrubber 100 12 100 160,000 35 3,000 B Mix prep area Stack Fabric filter with nonregenerative carbon adsorber 73 0.5 ambient 30 2.6 630 C Mix prep area Stack Fabric filter 74 1.25 ambient 3,700 50 630 Imation Enterprises Corp. 2700 East Frontage Road Weatherford OK 73096 All Coater, curing ovens,

mix/ pump rooms Stack Regenerative thermal oxidizer 30 3.5 400 30,000 52 6,240