[Federal Register: April 14, 2006 (Volume 71, Number 72)]
[Rules and Regulations]
[Page 19442-19449]
[DOCID:fr14ap06-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8158-4]

Washington: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; authorization of State-initiated changes.

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SUMMARY: During a review of Washington's regulations, EPA identified a
variety of State-initiated changes to Washington's hazardous waste
program under the Resource Conservation and Recovery Act, as amended,
(RCRA), for which the State had not previously sought authorization. We
have reviewed Washington's changes to its program and have determined
that these changes are minor and satisfy all requirements needed to
qualify for final authorization, therefore we are authorizing the
State-initiated changes through this immediate final action. EPA is
publishing this rule to authorize the changes without a prior proposal
because we believe this action is not controversial and do not expect
comments that oppose it. Unless we receive written comments that oppose
this authorization during the comment period, the decision to authorize
Washington's changes to its hazardous waste program will take effect
June 13, 2006. If we receive comments that oppose this action, EPA will
publish a document in the Federal Register withdrawing this rule before
it takes effect. EPA will then address public comments in a later final
rule based on the proposed rule in today's Federal Register. If we
receive comments that oppose only the authorization of a particular
change to the State hazardous waste program, we will withdraw that part
of today's rule. However, the authorization of program changes that are
not opposed by any comments will become effective on the date specified
above. A Federal Register withdrawal document will specify which part
of the authorization will become effective and which part is being
withdrawn. EPA may not provide further opportunity for comment. Any
parties interested in commenting on this action must do so at this
time. Today's document also makes corrections to the table included in
the authorization Federal Register document for Washington published on
October 12, 1999.

DATES: This final authorization will become effective on June 13, 2006,
unless EPA receives adverse written comments on or before May 15, 2006.

ADDRESSES: Submit your comments, identified by EPA-R10-RCRA-2006-0087
by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

the

online instructions for submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Nina Kocourek, U.S. EPA, Region 10, Office of Air, Waste
and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122, Seattle, Washington
98101.
    4. Hand Delivery: At the previously-listed EPA Region 10 address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to EPA-R10-RCRA-2006-0087. EPA's
policy is that all comments received will be included in the public
file without change, 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 http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system

which means that EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public file and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters and any form of
encryption, and shall be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the
http://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
in http://www.regulations.gov or in hard copy during normal business

hours at the U.S. Environmental Protection Agency (EPA), Region 10
Library, 1200 Sixth Avenue, Seattle WA 98101. This Docket Facility is
open to the public from 9 to 11:30 a.m. and from 1 to 4 p.m. Monday
through Friday, excluding legal holidays. The library telephone number
is<PHONE_NUMBER>. Additionally, hard copies are available from the
Washington Department of Ecology, 300 Desmond Drive, Lacey, WA 98503,
contact, Patricia Hervieux at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. EPA, Region 10,
Office of Air, Waste and Toxics, 1200 Sixth Avenue, Mail Stop AWT-122,
Seattle, Washington 98101. Phone number:<PHONE_NUMBER> or Patricia
Hervieux, Washington Department of Ecology, 300 Desmond Drive, Lacey,
WA 98503; phone number:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes to Washington's Hazardous
Waste Program

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program is revised
States must revise their programs and apply to EPA to authorize the
revisions. Authorization of revisions to State programs may be
necessary when Federal or State statutory or regulatory authority is
modified or when certain other revisions occur, including, among
others, revisions to the State program initiated by the State. Most
commonly, States revise their programs because of revisions to EPA's
regulations in Title 40 of the Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Washington's revisions to its authorized program
meet all of the statutory and regulatory requirements established by
RCRA. Therefore, we revise Washington's authorized hazardous waste
program to include the changes identified by EPA and described in
section G, below.
    New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which Washington has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Washington
subject to RCRA will continue to be subject to the authorized State
requirements and to the federal HSWA provisions for which the State is
not authorized in order to comply with RCRA. Washington has enforcement
responsibilities under its state hazardous waste program for violations
of its program, but EPA continues to have independent enforcement
authority under RCRA sections 3007, 3008, 3013, and 7003, which
authority includes, among others, authority to:
     Perform inspections, and require monitoring, tests,
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether Washington
has taken its own actions.
    Today's action does not impose additional requirements on the
regulated community because the regulations for which Washington is
being authorized by this action are already effective under State law,
and are not changed by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect any adverse written
comments. We are providing an opportunity for public comment now. In
addition to this rule, in the proposed rules section of today's Federal
Register we are publishing a separate document that proposes to
authorize Washington's program changes.

E. What Happens If EPA Receives Comments That Oppose This Action?

    If the Agency does receive adverse written comment, it will publish
a notice withdrawing this immediate final rule before its effective
date. EPA then will address the comment in a later final rule based on
the companion document appearing in the Proposed Rules section of
today's Federal Register. If we receive comments that oppose only the
authorization of a particular change to the State hazardous waste
program, we will withdraw that part of today's rule. However, the
authorization of program

changes that are not opposed by any comments will become effective on
June 13, 2006. A Federal Register withdrawal document will specify
which part of the authorization will become effective and which part is
being withdrawn. You may not have another opportunity to comment. If
you want to comment on this authorization, you must do so at this time.

F. What Has Washington Previously Been Authorized for?

    Washington initially received final authorization on January 30,
1986, effective January 31, 1986 (51 FR 3782), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Washington's program on September 22, 1987, effective on
November 23, 1987 (52 FR 35556); August 17, 1990, effective October 16,
1990 (55 FR 33695); November 4, 1994, effective November 4, 1994 (59 FR
55322); February 29, 1996, effective April 29, 1996 (61 FR 7736);
September 22, 1998, effective October 22, 1998 (63 FR 50531); October
12, 1999, effective January 11, 2000 (64 FR 55142); and on April 11,
2002 effective April 11, 2002 (67 FR 17636).

G. What Revisions Are We Authorizing With Today's Action?

    During a review of Washington's regulations, we identified a
variety of changes that Washington had made to provisions we had
previously authorized. EPA brought these changes to the attention of
Washington and confirmed with the State that the State-initiated
changes generally correct typographical errors and printing errors,
clarify and make the State's regulations more internally consistent, or
bring the State regulations closer to the Federal language. The State's
authorized hazardous waste program, as amended by these provisions,
remains equivalent to, consistent with, and no less stringent than the
Federal RCRA program.
    We are revising Washington's authorized hazardous waste program to
include the changes listed in the table below. The provisions listed in
the table are from the Washington Annotated Code (WAC) and are
analogous to the RCRA regulations, as indicated in the table. The RCRA
regulations are those as published in 40 CFR parts 124, 260 through
266, 268, 270, 273 and 270, as of July 1, 1999, unless otherwise noted.
All of the referenced analogous state authorities were legally adopted
and effective as of June 10, 2000. Note that a number of the State
provisions have no direct Federal analogs but are related to particular
paragraphs, sections, or parts of the Federal hazardous waste
requirements in the 40 CFR parts 264, 265 and 270. For example, the
Federal code has no specific definition for ``acute hazardous waste''
in 40 CFR 260.10, but a description of and the requirements for ``acute
hazardous waste'' can be found in 40 CFR 261.30(d). Therefore, in the
``Analogous Federal Requirement'' column, the Federal analog to the
State's definition of ``acute hazardous waste'' in WAC 173-303-040 is
listed as ``No Federal analog; related to 261.30(d)). Similarly, while
the Federal code has no specific definition for ``Independent qualified
registered professional engineer'', the term is used in 40 CFR parts
264, 265 and 270.

------------------------------------------------------------------------
                                          Analogous federal requirement
        State requirement  (WAC)           (40 CFR, as of July 1, 1999)
------------------------------------------------------------------------
173-303-017(2)(a)(iii).................  261.2(e)(1)(iii).
173-303-040 Definitions
    ``Acute hazardous waste''..........  No federal analog; related to
                                          261.30(d).
    ``Carbon regeneration unit''.......  260.10 ``Carbon regeneration
                                          unit''.
    ``Commercial chemical product or     261.33(d) Comment.
     manufacturing chemical
     intermediate''.
    ``Debris''.........................
    ``Designation''....................  268.2(g).
    ``Discharge'' or ``dangerous waste   No federal analog; related to
     discharge''.                         part 261.
                                         260.10 ``Discharge'' or
                                          ``hazardous waste discharge'',
                                          261.2(d).
    ``Domestic sewage''................  261.4(a)(1)(ii) last sentence.
    ``Hazardous debris''...............  268.2(h).
    ``Hazardous substances''...........  No federal analog; related to
                                          part 261.
    ``Ignitable waste''................  No federal analog; related to
                                          261.21(b).
    ``Independent qualified registered   No federal analog; related to
     professional engineer''.             parts 264, 265 and 270.
    ``Infrared incinerator''...........  260.10 ``Infrared
                                          incinerator''.
    ``Mixed waste''....................  No federal analog; related to
                                          part 261.
    ``Off-specification used oil fuel''  266.40(e) [1990 CFR]; related
                                          to 279.11.
    ``Plasma arc incinerator''.........  260.10 ``Plasma arc
                                          incinerator''.
    ``Polycyclic aromatic                No federal analog; related to
     hydrocarbons''.                      part 261.
    ``Reactive waste''.................  No federal analog; related to
                                          261.23(b).
    ``Regulated unit''.................  264.90(a)(2).
    ``Sludge dryer''...................  260.10 ``Sludge dryer''.
    ``Stabilization'' and                No federal analog; related to
     ``solidification''.                  parts 264 and 265.
    ``Temporary unit''.................  No federal analog; related to
                                          264.553(a).
    ``Thermal treatment''..............  260.10 ``Thermal treatment''.
    ``Transfer facility''..............  260.10 ``Transfer facility''.
    ``Transport vehicle''..............  260.10 ``Transport vehicle''.
    ``Triple rinsing''.................  No federal analog; related to
                                          261.7(b)(3)(i).
    ``Vessel''.........................  260.10 ``Vessel''.
173-303-060(2).........................  262.12(b).
173-303-070(2)(a)(i)...................  No federal analog; related to
                                          261.3(c)(2).
173-303-070(2)(a)(ii)(A)...............  261.3(c)(2).
173-303-070(2)(a)(iii).................  261.3(c)(2).
173-303-070(3), except (a)(iii) and (c)  261.3(a)(2)(i) and (ii),
                                          261.3(c)(1), 261.5(h) and
                                          262.11(c).
173-303-070(3)(c)......................  262.11(c).
173-303-070(4) introductory paragraph    No federal analog; related to
 and (e).                                 262.11.
173-303-070(5), except 070(5)(c).......  No federal analog; related to
                                          262.11.
173-303-070(7)(c)(iii) and (iv)........  261.5(c)(2) and (c)(3).

173-303-070(7)(c)(v) and (vi)..........  261.5(c)(5) and (c)(6).
173-303-070(8)(b)(i)...................  261.5(f)(1) and 261.5(g)(1).
173-303-070(8)(b)(ii)..................  No federal analog; related to
                                          261.5(f) and 261.5(g).
173-303-070(8)(c)......................  261.5(j).
173-303-071(3) introductory paragraph..  261.4(a) introductory paragraph
                                          and 261.4(b) introductory
                                          paragraph.
173-303-071(3)(a)(i) and 173-303-        261.4(a)(1)(i) and (ii).
 071(3)(a)(ii) introductory paragraph.
173-303-071(3)(a)(ii)(A)-(D)...........  No federal analog; related to
                                          261.4(a)(1).
173-303-071(3)(k) introductory           261.8.
 paragraph through (k)(i)(A).
173-303-071(3)(o)......................  261.3(c)(2)(ii)(A).
173-303-071(3)(aa).....................  261.4(b)(6)(i).
173-303-072(3)(c) except the phrase,     No federal analog; related to
 ``except 173-303-090(6)(a)(iii)''.       260.22.
173-303-080............................  No federal analog; related to
                                          part 261.
173-303-082(1).........................  261.31(a).
173-303-082(3).........................  261.3(b)(2).
173-303-090(8)(c) and Table............  No federal analog; related to
                                          261.24.
173-303-100............................  No federal analog; related to
                                          part 261.
173-303-110(2)(a)(i)-(vii), and (b)....  261 Appendix 1.
173-303-110(3)(b) and (c)..............  No federal analog; related to
                                          part 260.11.
173-303-120(4) introductory paragraph..  No federal analog; related to
                                          261.6(c)(1).
173-303-140(2) introductory paragraph..  No federal analog; related to
                                          part 268.
173-303-140(4)(b)(iv) and (v)..........  264.314(e) and (f) 263.30 and
                                          263.31.
173-303-145 except 173-303-145(3)(a)     ...............................
 introductory paragraph and (3)(b).
173-303-160(4).........................  No federal analog; related to
                                          260.20.
173-303-161(6).........................  No federal analog; related to
                                          part 264.
173-303-170(3) introductory paragraph    No federal analog; related to
 and (3)(a).                              262.34(a) and (d).
173-303-170(3)(b) introductory           262.10(c).
 paragraph and (i) and (ii).
173-303-170(4).........................  No federal analog; related to
                                          262.11(d).
173-303-180(5).........................  No federal analog; related to
                                          part 262.
173-303-200(1)(a)......................  262.34(b).
173-303-200(1)(d)......................  262.34(a)(3).
173-303-210(1) through (3)(a)..........  262.40(a) through (c).
173-303-210(3)(b), (4) and (6).........  No federal analog; related to
                                          part 262.
173-303-220(3).........................  262.43.
173-303-230(3) introductory paragraph    No federal analog; related to
 and (3)(a) and (4).                      261.7.
173-303-240(1).........................  No federal analog; related to
                                          263.10.
173-303-240(2).........................  No federal analog; related to
                                          263.11.
173-303-240(3).........................  No federal analog; related to
                                          part 263.
173-303-240(6), except (6)(a)..........  263.12.
173-303-240(7)(a)......................  263.30.
173-303-240(8) and (9).................  No federal analog; related to
                                          263.12.
173-303-280(4).........................  No federal analog; related to
                                          part 264.
173-303-282, except 173-303-282(3)(b),   No federal analog; related to
 (f), (g) and (h); (6)(a)(i) and          part 264.
 (6)(c)(i)(A)(i).
173-303-282(3)(b), (f), (g) and (h);     264.18(a).
 (6)(a)(i).
173-303-283............................  No federal analog; related to
                                          part 264.
173-303-290(1).........................  264/265.12(a).
173-303-300(5)(g)......................  264/265.13(b)(5).
173-303-300(6) introductory paragraph    264/265.13(c) introductory
 through (6)(b).                          paragraph through (c)(2).
173-303-320(2)(d)......................  264/265.15(d).
173-303-330(2)(c)......................  264/265.16(c)(4).
173-303-350(3)(c)......................  264/265.52(c).
173-303-360(1).........................  264/265.55.
173-303-360(2)(d) and (e)..............  264/265.56(d).
173-303-360(2)(k)(viii)and(ix).........  No federal analog; related to
                                          264/265.56(j).
173-303-370(4)(b)......................  264/265.72(b).
173-303-380(1)(e)......................  264/265.73(b)(5).
173-303-380(2)(d)......................  264/265, Appendix I (3).
173-303-390(2) introductory paragraph..  264/265.75 introductory
                                          paragraph.
173-303-390(3) paragraph and (3)(a)....  264/265.77 introductory
                                          paragraph and (a).
173-303-390(3)(b)......................  265.77(b).
173-303-390(3)(c)......................  264.77(b) and 265.77(c).
173-303-390(4).........................  No federal analog; related to
                                          264/265.77.
173-303-395(6).........................  No federal analog; related to
                                          parts 264 and 265.
173-303-400(1).........................  265.1(a).
173-303-400(2)(c)(iii).................  265.1(c)(3).
173-303-400(2)(c)(iv)..................  265.1(c)(9) and (10).
173-303-400(2)(c)(viii)................  265.1(c)(7).
173-303-400(2)(c)(x)...................  No federal analog; related to
                                          265.1(c)(11).
173-303-400(2)(c)(xi) introductory       265.1(c)(14) introductory
 paragraph.                               paragraph [2000 CFR].
173-303-400(2)(c)(xiii), except          265.1(c)(11), except (11)(i)(D)
 (xiii)(A)(iv) and (xiii)(D).             and (11)(iv).
173-303-400(3)(c) introductory           No federal analog; related to
 paragraph.                               part 265.
173-303-400(3)(c)(i)(A) and (B)........  No federal analog; related to
                                          part 265.

173-303-400(3)(c)(ii) and (iii)........  No federal analog; related to
                                          265.300.
173-303-400(3)(c)(iv)..................  265.273(b).
173-303-400(3)(c)(v)...................  265.91(c).
173-303-400(3)(c)(vi)..................  No federal analog; related to
                                          265.140 through 265.145.
173-303-400(3)(c)(vii)-(x).............  No federal analog; related to
                                          part 265.
173-303-505(1)(b)(i) first two           266.20(b).
 sentences.
173-303-506(1).........................  No federal analog; related to
                                          261.4(b)(12).
173-303-515(1).........................  No federal analog; related part
                                          279.
173-303-525(1).........................  266.70, except 266.70(b)(3).
173-303-573(11)(c)(ii).................  273.15(c)(2) [2000 CFR].
173-303-573(19)(a)(i)..................  273.32(a)(1) [2000 CFR].
173-303-573(22)(c)(ii).................  273.35(c)(2) [2000 CFR].
173-303-573(26)(a)(ii) and (b)(ii).....  273.39(a)(2) and (b)(2) [2000
                                          CFR].
173-303-600(1).........................  270.1(c)(2), 264.1(a).
173-303-600(3)(c)......................  264.1(e).
173-303-600(3)(e)......................  264.1(g)(1).
173-303-600(3)(j)......................  264.1(g)(5) and (6);
                                          270.1(c)(2)(iv) and (v).
173-303-600(7).........................  No federal analog; related to
                                          264.1.
173-303-610(1)(b)......................  264.110(b).
173-303-610(3)(a)(iii) and (iv)........  264.112(b)(3).
173-303-610(3)(a)(viii)................  264.112(b)(7).
173-303-610(6).........................  264.115.
173-303-610(7)(a)(i)...................  264.117(a)(1)(i).
173-303-610(8)(a)......................  264.118(a).
173-303-610(8)(b)(ii) introductory       264.118(b)(2) introductory
 paragraph.                               paragraph.
173-303-610(8)(b)(ii)(A)...............  264.118(b)(2)(i).
173-303-610(8)(d)(ii)(C)...............  264.118(d)(2)(iii).
173-303-620(1)(b) introductory           264.140(b) introductory
 paragraph.                               paragraph.
173-303-620(1)(b)(i)...................  264.140(b)(1).
173-303-620(1)(b)(ii)..................  264.140(b)(3).
173-303-620(1)(b)(iii).................  No federal analog; related to
                                          264.140(b).
173-303-620(1)(b)(iv)..................  264.140(b)(2).
173-303-620(1)(b)(v)...................  264.140(b)(4).
173-303-620(1)(c)......................  264.140(c).
173-303-620(3)(a) introductory           264.142(a) introductory
 paragraph.                               paragraph.
173-303-630(6)(b)......................  264.145.
173-303-630(2).........................  264.171.
173-303-630(5)(c)......................  No federal analog; related to
                                          264.173.
173-303-630(6).........................  264.174.
173-303-630(7)(d)......................  No federal analog; related to
                                          264.175.
173-303-640(1)(a)......................  264.190 introductory paragraph.
173-303-645(8)(c)......................  264.97(c).
173-303-645(12)........................  No federal analog; related to
                                          264.101.
173-303-646(1)(d)......................  No federal analog; related to
                                          264.101, 264.552 and 264.553.
173-303-646(2)(d)......................  No federal analog; related to
                                          264.101.
173-303-646(4)(b)......................  264.552(h).
173-303-646(4)(c)......................  No federal analog; related to
                                          264.552.
173-303-650(2)(a)(i)(D)................  No federal analog; related to
                                          264.221.
173-303-650(2)(c)......................  264.221(g).
173-303-650(2)(f)......................  264.221(h).
173-303-650(2)(j) through (m)..........  264.221(c) through (f).
173-303-655(8)(b)......................  264.280(b).
173-303-660(2)(c)......................  No federal analog; related to
                                          264.251.
173-303-660(3)(b)......................  264.252(b).
173-303-660(6)(d)(ii)..................  No federal analog; related to
                                          264.250.
173-303-660(9)(c)(ii)..................  264.258(c)(2).
173-303-665(2)(c)-(f)..................  264.301(g) through (j).
173-303-665(2)(h)......................  264.301(c).
173-303-665(2)(j)......................  264.301(d).
173-303-665(11)........................  264.317.
173-303-670(1)(b)(iii).................  No federal analog; related to
                                          264.340.
173-303-670(3).........................  264.342.
173-303-670(4)(a)(ii)..................  264.343(a)(2).
173-303-680(3).........................  264.602.
173-303-690(1)(c) and Note.............  264.1030(c).
173-303-692(1)(b)(v)...................  264.1080(b)(5).
173-303-692(3).........................  No Federal analog; related to
                                          parts 60, 61 and 63.
173-303-800(7)(c)(i) introductory        270.1(c)(3)(i) introductory
 paragraph through (c)(i)(C).             paragraph through (c)(i)(C).
173-303-800(7)(c)(ii)..................  270.1(c)(3)(ii).
173-303-800(8).........................  270.32(b)(1) and (b)(2).
173-303-803(3)(n)......................  270.13(n).
173-303-803(4), except (4)(b)..........  270.10(f), except (f)(2).
173-303-803(5)(b)......................  270.10(g)(2).

173-303-805(2).........................  270.70(b).
173-303-805(8) introductory paragraph..  270.73 introductory paragraph.
173-303-805(8)(e)......................  No federal analog; related to
                                          270.73.
173-303-806(4) introductory paragraph..  No federal analog; related to
                                          270.14.
173-303-806(4)(a)(vi)..................  270.14(b)(6).
173-303-806(4)(a)(xxi) introductory      No federal analog; related to
 paragraph, (a)(xxi)(C) and (xxiv).       270.14.
173-303-807(1).........................  270.62(a) and (b) introductory
                                          paragraph.
173-303-810(8)(b)......................  270.4(b) and 270.30(g).
173-303-810(8)(c)......................  270.4(c).
173-303-810(15)(a) through (15)(c),      270.12(a).
 first sentence.
173-303-810(19)........................  270.32(b).
173-303-815(1) through (3).............  270.31 through 270.33.
173-303-830(3)(b)(i)...................  270.41(b)(1).
173-303-830(4)(b)(ii) introductory       270.42(b)(2) introductory
 paragraph.                               paragraph.
173-303-910(1)(c)......................  260.20(c)
------------------------------------------------------------------------

    In addition to the changes authorized above, EPA is also approving
changes made by Washington to State procedural provisions. EPA reviewed
these changes in order to determine the adequacy of State procedures to
operate the hazardous waste program. State procedural provisions are
not authorized by EPA and do not supplant Federal procedures. With
respect to procedural requirements, EPA relies on Federal procedures
rather than the State analogs to these provisions. Washington's
procedures to implement the State's hazardous waste management program
requirements continue to operate independently under State law. The
approved changes to the following State procedures are included as part
of this action for informational purposes only: WAC Chapter 173-03,
Public Records, Sec.  173-03-060(1)-(5), effective as of August 31,
1998, and Chapter 173-303, Dangerous Waste Regulations, Sec. Sec.  173-
303-806(13), 173-303-840(2)(d)(i)&(ii), and 173-303-910(1)(e),
effective as of June 10, 2000.

H. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Washington will issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that were issued prior to the effective
date of this authorization. EPA will not issue any new permits or new
portions of permits for the provisions listed in section G after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Washington is not yet
authorized.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Washington?

    EPA's decision to authorize the Washington hazardous waste program
does not include any land that is, or becomes after the date of this
authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, with
the exception of the non-trust lands within the exterior boundaries of
the Puyallup Indian Reservation (also referred to as the ``1873 Survey
``Area'' or ``Survey ``Area'') located in Tacoma, Washington. EPA
retains jurisdiction over ``Indian Country.'' Effective October 22,
1998 (63 FR 50531, September 22, 1998) Washington's state program was
authorized to implement the state authorized program on the non-trust
lands within the 1873 Survey Area of the Puyallup Indian Reservation.
The authorization did not extend to trust lands within the reservation.
EPA retains its authority to implement RCRA on trust lands and over
Indians and Indian activities within the 1873 Survey Area.

J. What Is Codification and Is EPA Codifying Washington's Hazardous
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. We reserve
the amendment of 40 CFR part 272, subpart WW, for this authorization of
Washington's program revisions until a later date.

II. Corrections

A. Corrections to October 12, 1999 (64 FR 55142) Authorization Document

    There were omissions and typographical errors in the table
published as part of the October 12, 1999 (64 FR 55142) authorization
notice for Washington. The affected entries and the corrected entries
are shown in the table below.
* * * * *

------------------------------------------------------------------------
                                                         Analogous State
      Checklist            Federal          Federal      Authority  (WAC
                         requirements       Register     173-303- * * *)
------------------------------------------------------------------------

                              * * * * * * *
84...................  Toxicity         56 FR 5910, 02/  506: (2)(3) has
                        Characteristic   13/91.           been corrected
                        ;                                 to read 506:
                        Chlorofluoroca                    (2), (3).
                        rbon
                        Refrigerants*.

                              * * * * * * *
14...................  Dioxin Waste     50 FR 1978, 01/  * * * 110: 3(c)
                        Listing and      14/85.           has been
                        Management                        corrected to
                        Standards*.                       read: 110:
                                                          3(f) * * *
60...................  Amendment to     54 FR 4286, 01/  807: (10) has
                        Requirements     30/89.           been corrected
                        for Hazardous                     to read: 807:
                        Waste                             (12).
                        Incinerator
                        Permits.

                             * * * * * * *
------------------------------------------------------------------------
* Indicates State provision is more stringent.

* * * * *

III. Statutory and Executive Order Reviews

    This rule authorizes revisions to the State of Washington's
authorized hazardous waste program pursuant to section 3006 of RCRA and
imposes no requirements other than those currently imposed by State
law. This rule complies with applicable executive orders and statutory
provisions as follows.

1. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant,''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may: (1) Have an annual
effect on the economy of $100 million or more, or adversely affect in a
material way, the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. It has been determined
that this final rule is not a ``significant regulatory action'' under
the terms of Executive Order 12866 and is therefore not subject to OMB
review.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.,
because this final rule does not establish or modify any information or
recordkeeping requirements for the regulated community and is only
authorizing the pre-existing requirements under State law and imposes
no additional requirements beyond those imposed by State law.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business defined by the Small Business Administrations' Size
Regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. EPA
has determined that this action will not have a significant economic
impact on small entities because the final rule will only have the
effect of authorizing pre-existing requirements under State law and
imposes no additional requirements beyond those imposed by State law.
After considering the economic impacts of today's rule, I certify that
this action will not have a significant economic impact on a
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. Today's rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local or
tribal governments or the private sector. It imposes no new enforceable
duty on

any State, local or tribal governments or the private sector.
Similarly, EPA has also determined that this rule contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, today's rule is not subject to the
requirements of section 203 of the UMRA.

5. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among various levels of government.'' This rule does
not have federalism implications. It will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among various levels of government, as specified in
Executive Order 13132. This rule addresses the authorization of
preexisting State rules. Thus, Executive Order 13132 does not apply to
this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications, as specified in Executive Order 13175. Thus,
Executive Order 13175 does not apply to this rule.

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

    Executive Order 13045 applies to any rule that: (1) Is determined
to be ``economically significant'' as defined under Executive Order
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to Executive Order 13045
because it is not economically significant as defined in Executive
Order 12866 and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through the OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This rule does
not involve ``technical standards'' as defined by the NTTAA. Therefore,
EPA is not considering the use of any voluntary consensus standards.

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

    To the greatest extent practicable and permitted by law, and
consistent with the principles set forth in the report on the National
Performance Review, each Federal agency must make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health and environmental effects of its programs, policies, and
activities on minority populations and low-income populations in the
United States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the
Mariana Islands. Because this rule addresses authorizing pre-existing
State rules and there are no anticipated significant adverse human
health or environmental effects, the rule is not subject to Executive
Order 12898.

11. Congressional Review Act

    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 rule 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). This rule, although not a major rule, will be effective on the
June 13, 2006.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 5, 2006.
L. Michael Bogert,
Regional Administrator, EPA Region 10.
[FR Doc. 06-3547 Filed 4-13-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Proposed Rules]
[Pages 2291-2293]
[FR Doc No: 2017-00109]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0940]
RIN 1625-AA08

Special Local Regulation; Manatee River; Bradenton, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local
regulation for certain waters of the Manatee River during the Bradenton
Area River Regatta. This action is necessary to protect the safety of
race participants, participant vessels, spectators, and the general
public on these navigable waters of the United States during the event.
The special local regulation would restrict vessel traffic in the
waters of the Manatee River in the vicinity of Bradenton, Florida. It
would establish the following three areas: Two spectator areas, where
all vessels must be anchored or operate at No Wake Speed; and an
enforcement area where designated representatives may control vessel
traffic as determined by the prevailing conditions.

DATES: Comments and related material must be received by the Coast
Guard on or before February 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0940 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Boatswain's Mate First Class Tyrone
J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to establish a special local regulation on
the waters of the Manatee River, Bradenton, Florida during the
Bradenton Area River Regatta. This event is a high speed boat race with
approximately 12 Formula 2 Class boats, traveling at speeds in excess
of 100 miles per hour. There will also be approximately 14, 1000 cc
Hydrocross jet skis participating in scheduled races during this event.
Additionally, there will be a jet ski and water ski exhibition located
within the regulated area. It is anticipated that 250 spectator vessels
will be present along the race course. The race is scheduled to take
place annually from approximately 9 a.m. to 9 p.m. during the first
Saturday of February.
    This proposed rulemaking is necessary to provide for the safety of
race participants, participant vessels, spectators, and the general
public on these navigable waters of the United States during the
Bradenton Area River Regatta. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    This proposed rulemaking would encompass certain waters of the
Manatee River in Bradenton, Florida. The special local regulation would
be enforced from 9 a.m. to 9 p.m. normally occurring during the first
Saturday of February. The special local regulation would establish the
following three areas: (1) Two spectator areas, where all vessels must
be anchored or operate at No Wake Speed; and (2) an enforcement area
that encompasses all race courses and demonstrations, where designated
representatives may control vessel traffic as determined by the
prevailing conditions.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the Captain of the Port St. Petersburg by telephone at<PHONE_NUMBER>, or
a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port St. Petersburg
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port St. Petersburg or a designated representative. The Coast Guard
will provide notice of the special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and/or on-scene designated
representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking.

Below we summarize our analyses based on a number of these statutes and
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only twelve hours; (2) although persons and vessels are prohibited
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the Captain of the Port St. Petersburg
or a designated representative, they may operate in the surrounding
area during the enforcement period; (3) persons and vessels may still
enter, transit through, anchor in, or remain within the regulated area
or anchor in the sponsor's designated spectator area, during the
enforcement period if authorized by the Captain of the Port St.
Petersburg or a designated representative; and (4) the Coast Guard will
provide advance notification of the special local regulations to the
local maritime community by Local Notice to Mariners and/or Broadcast
Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the
Manatee River, Bradenton, Florida, encompassed within the special local
regulation from 9 a.m. until 9 p.m. annually on the first Saturday of
February. For the reasons stated in section IV.A above, this rule will
not have a significant economic impact on a substantial number of small
entities.
    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.
    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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.

E. 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.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a special local
regulation issued in conjunction with a regatta or marine parade. This
rule is categorically excluded from further review under paragraph
(34)(h) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comments can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.723 to read as follows:

Sec.  100.723  Special Local Regulation; Bradenton Area River Regatta,
Manatee River; Bradenton, FL.

    (a) Regulated Areas. The following regulated areas are established
as special local regulations. All coordinates are North American Datum
1983.
    (1) Spectator Area #1. An area marked by the event sponsor
encompassed within the following points: 27[deg]30.43' N.,
82[deg]34.55' W., thence to position 27[deg]30.43' N., 82[deg]34.43'
W., thence to position 27[deg]30.23' N., 82[deg]34.43' W., thence to
position 27[deg]30.13' N., 82[deg]34.30' W., thence to position
27[deg]30.09' N., 82[deg]34.30' W., thence to position 27[deg]30.09'
N., 82[deg]34.55' W., thence back to the original position
27[deg]30.43' N., 82[deg]34.55' W.
    (2) Spectator Area #2. An area marked by the event sponsor east of
the CSX Railroad train trestle eastbound of a line connected by the
following points: 27[deg]30.73' N., 82[deg]34.13' W., thence to
position 27[deg]29.99' N., 82[deg]34.07' W.
    (3) Enforcement Area. The designated race and demonstration areas
that are composed of all waters of the Manatee River encompassed within
the following points: 27[deg]30.58' N., 82[deg]34.62' W., thence to
position 27[deg]30.58' N., 82[deg]34.13' W., thence to position
27[deg]29.99' N., 82[deg]34.06' W., thence to position 27[deg]29.99'
N., 82[deg]34.62' W., thence back to the original position
27[deg]30.58' N., 82[deg]34.62' W.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the enforcement
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
    (2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
    (3) All vessels are to be anchored and/or operate at a No Wake
Speed in the spectator area. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the regulated areas by contacting the Captain of the Port St.
Petersburg by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16.
    (d) Enforcement period: This section will be enforced from 9:00
a.m. to 9:00 p.m. annually on the first Saturday during the month of
February.

    Dated: December 27, 2016.
H.L. Najarian,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2017-00109 Filed 1-6-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: October 30, 2009 (Volume 74, Number 209)]
[Rules and Regulations]
[Page 56101-56104]
[DOCID:fr30oc09-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1001; Directorate Identifier 2009-NM-166-AD;
Amendment 39-16071; AD 2008-04-18 R1]
RIN 2120-AA64

Airworthiness Directives; EMBRAER Model EMB-120, -120ER, -120FC,
-120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that would revise an existing AD. This AD results
from mandatory continuing airworthiness information (MCAI) originated
by an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. The MCAI describes the unsafe
condition as:

    It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120( ) aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
* * * * *

The potential of ignition sources, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. This AD requires actions that are intended to address the
unsafe condition described in the MCAI.

DATES: This AD becomes effective November 16, 2009.
    On April 3, 2008 (73 FR 10655, February 28, 2008), the Director of
the Federal Register approved the incorporation by reference of certain
publications listed in the AD.
    We must receive comments on this AD by December 14, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications
Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--12227-901
S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 3927-5852 or
+55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 15, 2008, we issued AD 2008-04-18, Amendment 39-15390
(73 FR 10655, February 28, 2008). That AD applied to all EMBRAER Model
EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. That AD required
revising the Airworthiness Limitations Section of the Instructions for
Continued Airworthiness to incorporate new limitations for fuel tank
systems.
    Critical design configuration control limitations (CDCCLs) are
limitation requirements to preserve a critical ignition source
prevention feature of the fuel tank system design that is necessary to
prevent the occurrence of an unsafe condition. The purpose of a CDCCL
is to provide instruction to retain the critical ignition source
prevention feature during configuration change that may be caused by
alterations, repairs, or maintenance actions. A CDCCL is not a periodic
inspection.
    Since we issued that AD, we have determined that it is necessary to
clarify the AD's intended effect on spare and on-airplane fuel tank
system components, regarding the use of maintenance manuals and
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's
maintenance manual or instructions for continued airworthiness has
been issued that contains an airworthiness limitation section unless
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by
the new CDCCLs must be reworked. We did not intend for the AD to
retroactively require rework of components that had been maintained
using acceptable methods before the effective date of the AD. Owners
and operators of the affected airplanes therefore are not required to
rework affected components identified as airworthy or installed on the
affected airplanes before the required revisions of the airworthiness
limitations section. But once the CDCCLs are incorporated into the
airworthiness limitations section, future maintenance actions on
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. For this
reason, we are issuing this AD to revise AD 2008-04-18. This new AD
retains the requirements of the existing AD, and adds a new note to
clarify the intended effect of the AD on spare and on-airplane fuel
tank system components. We have renumbered subsequent notes
accordingly.

Explanation of Additional Change to AD

    AD 2008-04-18 allowed the use of later revisions of alternative
inspections, inspection intervals, and CDCCLs, if they are part of a
later revision of EMBRAER EMB-120 Brasilia Maintenance Review Board
Report, MRB-HI-200, dated March 22, 2005. That provision has been
removed from this AD. Allowing the use of ``a later revision'' of
specific service documents violates Office of the Federal Register
policies for approving materials that are incorporated by reference.
Affected operators, however, may request approval to use a later
revision of the referenced service documents as an alternative method
of compliance, under the provisions of paragraph (g)(1) of this AD.

Differences Between the AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current
costs for this AD are repeated for the convenience of affected
operators, as follows:
    We estimate that this AD will affect about 109 products of U.S.
registry. We also estimate that it will take about 1 work-hour per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $8,720, or $80 per
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and

makes no substantive change to the AD's requirements. For this reason,
it is found that notice and opportunity for prior public comment for
this action are unnecessary, and good cause exists for making this
amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-1001; Directorate
Identifier 2009-NM-166-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing amendment 39-15390 (73 FR
10655, February 28, 2008) and adding the following new AD:

2008-04-18 R1 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16071. Docket No. FAA-2009-1001; Directorate Identifier
2009-NM-166-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
16, 2009.

Affected ADs

    (b) This AD revises AD 2008-04-18, Amendment 39-15390.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-120, -120ER, -
120FC, -120QC, and -120RT airplanes; certificated in any category.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    It has been found that former revisions of the Maintenance
Review Board Report (MRBR) of the EMB-120() aircraft do not fully
comply with some Critical Design Configuration Control Limitations
(CDCCL) and Fuel System Limitations (FSL). These limitations are
necessary to preclude ignition sources in the fuel system, as
required by RBHA-E88/SFAR-88 (Special Federal Aviation Regulation
No. 88).
    Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD in the indicated time limit.

The potential of ignition sources, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent
loss of the airplane. The corrective action is revising the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate new limitations for fuel tank
systems.

Restatement of AD 2008-04-18 With Changes to Compliance Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 1 month after April 3, 2008 (the effective date of AD
2008-04-18), revise the ALS of the Instructions for Continued
Airworthiness to incorporate Tasks 15 to 18 of Section 6--``Part E--
Fuel System Limitations,'' EMBRAER Temporary Revision No. 22-1,
dated November 18, 2005, of the EMBRAER EMB-120 Brasilia Maintenance
Review Board Report (MRBR), MRB-HI-200. For all tasks identified in
the MRBR, the initial compliance times start from the later of the
times specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this AD,
and the repetitive inspections must be accomplished thereafter at
the interval specified in the MRBR, except as provided by paragraphs
(f)(3) and (g)(1) of this AD.
    (i) April 3, 2008.
    (ii) The date of issuance of the original Brazilian standard
airworthiness certificate or the date of issuance of the original
Brazilian export certificate of airworthiness.
    (2) Within 1 month after April 3, 2008, revise the ALS of the
Instructions for Continued Airworthiness to incorporate the CDCCLs
to include items (1) and (2), dated March 22, 2005, of Section 6--
``Part D--Critical Design Configuration Control Limitation,'' of the
EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200.
    (3) For the functional checks and detailed visual inspections,
Tasks 15 to 18 of Section 6--``Part E--Fuel System Limitations,''
EMBRAER Temporary Revision No. 22-1, dated November 18, 2005, of the
EMBRAER

EMB-120 Brasilia MRBR, MRB-HI-200: The initial compliance time is
within 4,000 flight hours or 48 months after April 3, 2008,
whichever occurs first. Thereafter those tasks must be accomplished
at the repetitive interval specified in Section 6--``Part E--Fuel
System Limitations,'' EMBRAER Temporary Revision No. 22-1, dated
November 18, 2005, of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200.
    (4) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) of this AD, no alternative inspections, inspection
intervals, or CDCCLs may be used unless the inspections, intervals,
or CDCCLs are approved as an alternative method of compliance in
accordance with the procedures specified in paragraph (g)(1) of this
AD.

New Information

Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraph (f) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.

FAA AD Differences

    Note 3:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directive 2007-05-02,
effective June 6, 2007; EMBRAER Temporary Revision No. 22-1, dated
November 18, 2005, of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200;
and Section 6--``Part D--Critical Design Configuration Control
Limitation,'' of the EMBRAER EMB-120 Brasilia MRBR, MRB-HI-200; for
related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Temporary Revision No. 22-1, dated
November 18, 2005, of the EMBRAER EMB-120 Brasilia Maintenance
Review Board Report, MRB-HI-200; and pages 6.III.1 and 6.III.2,
dated March 22, 2005, of Section 6--``Part D--Critical Design
Configuration Control Limitation,'' of the EMBRAER EMB-120 Brasilia
Maintenance Review Board Report, MRB-HI-200; as applicable; to do
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the
incorporation by reference of this service information on April 3,
2008 (73 FR 10655, February 28, 2008).
    (2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone:
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on October 22, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26122 Filed 10-29-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: March 15, 2006 (Volume 71, Number 50)]
[Notices]
[Page 13441-13443]
[DOCID:fr15mr06-182]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53449; File No. SR-Phlx-2005-45]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Order Approving Proposed Rule Change and Notice of Filing and Order
Granting Accelerated Approval of Amendment No. 1 Thereto Relating to
the Automatic Execution of Option Transactions During Crossed Markets

March 8, 2006.

I. Introduction

    On July 12, 2005, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 relating to the automatic
execution of options transactions during crossed markets. The proposed
rule change was published for comment in the Federal Register on July
27, 2005.\3\ The Exchange filed Amendment No. 1 to this proposal on
December 9, 2005.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 52082 (July 20, 2005),
70 FR 43493.
---------------------------------------------------------------------------

    The Commission received no comments regarding the proposal. This
notice and order approve the proposed rule change and solicit comments
from interested persons on Amendment No. 1, and approve Amendment No. 1
on an accelerated basis.

II. Description of the Proposal

    Currently, Phlx Rule 1080(c)(iv)(A) states that an order otherwise
eligible for automatic execution will instead be manually handled by
the specialist when the Exchange's disseminated market is crossed or
crosses the disseminated market of another options exchange.\4\ The
proposed rule change would limit the specialist's manual handling of
orders during crossed markets to situations where the market is crossed
by more than one minimum trading increment (i.e., 2.10 bid, 2 offer).
The proposed rule would provide that an order otherwise eligible for
automatic execution would instead be handled manually by the specialist
when the Exchange's disseminated market is crossed by more than one
minimum trading increment, or crosses the disseminated market of
another options exchange by more than one minimum trading increment.
Thus, the effect of the proposal is that orders would be eligible for
automatic execution when the Exchange's disseminated market is crossed
or crosses another exchange's market by just one minimum trading
increment (and where the Exchange's disseminated market is the
NBBO).\5\
---------------------------------------------------------------------------

    \4\ Eligible orders are currently executed automatically on the
Exchange during locked markets (i.e., 2 bid, 2 offer). See
Securities Exchange Act Release No. 47359 (February 12, 2003), 68 FR
8322 (February 20, 2003) (SR-Phlx-2003-03).
    \5\ Orders otherwise eligible for automatic execution will
instead be handled manually by the specialist when the Exchange's
disseminated market is not the NBBO. See Exchange Rule
1080(c)(iv)(E). Therefore, for an order to be eligible for automatic
execution during a crossed market, the Exchange's disseminated
market must be the NBBO.
---------------------------------------------------------------------------

    In Amendment No. 1, the Exchange proposes to amend Phlx Rule 1085,
Order Protection, to provide a new exception to liability for the
satisfaction of trade-throughs. Specifically, the Exchange proposes to
add as a new exception to liability the situation when a trade-through
is the result of an automatic execution when the Exchange's
disseminated market is the NBBO and is crossed by not more than one
minimum trading increment, or crosses the disseminated market of
another options exchange by not more than one minimum trading
increment.
    Lastly, as a housekeeping matter, the Exchange proposes to delete
Phlx Rule 1080(c)(iv)(G), a reference to an expired pilot program
relating to the disengagement of AUTO-X for ``non-Streaming Quote
Options.'' \6\ There are no longer any non-Streaming Quote Options
traded on the Exchange; therefore Phlx Rule 1080(c)(iv)(G) is no longer
applicable.
---------------------------------------------------------------------------

    \6\ A ``non-Streaming Quote Option'' was previously defined as
an option that is not traded on the Exchange's electronic trading
platform for options, ``Phlx XL.'' See Securities Exchange Act
Release No. 50100 (July 27, 2004), 69 FR 46612 (August 3, 2004) (SR-
hlx-2003-59). All options traded on the Exchange are now traded on
Phlx XL.
---------------------------------------------------------------------------

III. Discussion

    The Commission finds that the proposal is consistent with the
requirements of the Act.\7\ In particular, the Commission finds that
the proposed rule change furthers the objectives of Section 6(b)(5),\8\
in that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the

mechanism of a free and open market and national market system.
---------------------------------------------------------------------------

    \7\ In approving this rule, the Commission has considered the
proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission recognizes that markets that are crossed by only one
minimum trading increment in today's increasingly electronic
marketplace reflect the number and speed of electronic quotations and
the number of market makers submitting such quotations, and, therefore,
do not necessarily indicate system errors that may result in unusual
risk to market makers, making automatic execution undesirable.
    The Commission believes that by permitting automatic executions
during crossed markets in such limited situations as proposed by the
Exchange, orders should be handled more promptly and Exchange
specialists and Registered Options Traders (``ROTs'') should still have
sufficient ability to manage their market risk during times of crossed
markets. A market crossed by an amount greater than one minimum trading
increment may be an indication that one or more options market(s) or
market makers may be experiencing quotation system issues that do not
reflect current market conditions and consequently orders on the
Exchange would be handled manually by the specialist in such
circumstances.
    The Commission notes, however, that in the event Phlx automatically
executes orders when the Exchange's disseminated market is crossed, or
crosses the disseminated market of another options exchange, by one
minimum trading increment, the Exchange would be permitting trade-
throughs \9\ in contravention of Section 8(c) of the Plan for the
Purpose of Creating and Operating an Intermarket Option Linkage
(``Linkage Plan'') and Exchange Rule 1085.\10\ The Commission believes
that it is appropriate and in the public interest for Phlx to except
members from trade-through liability in the event that the trade-
through occurred as a result of an automatic execution when the
Exchange's disseminated market is the NBBO and is crossed by not more
than one minimum trading increment, or crosses the disseminated market
of another options exchange by not more than one minimum trading
increment. The Commission believes that, in this limited circumstance,
the benefit of providing an automatic execution outweighs the harm of
the resultant trade-through. Therefore, concurrent with this order, the
Commission is granting Phlx an exemption from the requirement under
Exchange Act Rule 608(c) that Phlx comply with, and enforce compliance
by its members with, Section 8(c) of the Linkage Plan, which provides
that, ``absent reasonable justification and during normal market
conditions, members in [Participants'] markets should not effect Trade-
Throughs'' \11\ and from Section 4(b) of the Linkage Plan, which
requires the Exchange to enforce compliance by its members with Section
8(c) of the Linkage Plan.
---------------------------------------------------------------------------

    \9\ A ``Trade-Through'' is defined in Section 2(29) of the
Linkage Plan as ``a transaction in an options series at a price that
is inferior to the NBBO.''
    \10\ The Linkage Plan is a national market system plan approved
by the Commission pursuant to Section 11A of the Exchange Act, 15
U.S.C. 78k-1, and Exchange Act Rule 608. See Securities Exchange Act
Release No. 43086 (July 28, 2000), 65 FR 48023 (August 4, 2000).
    \11\ See letter from Robert L.D. Colby, Acting Director,
Division of Market Regulation, Commission, to Meyer S. Frucher,
Chairman and Chief Executive Officer, Phlx, dated March 8, 2006.
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    The Commission finds good cause for approving Amendment No. 1 prior
to the thirtieth day after the date of publication of notice thereof in
the Federal Register. In Amendment No. 1, the Exchange proposes to
modify Phlx Rule 1085 to include a new exception to liability for the
satisfaction of trade-throughs under the Linkage Plan. Specifically,
the Exchange proposes that when a trade-through is the result of an
automatic execution when the Exchange's disseminated market is the NBBO
and is crossed by not more than one minimum trading increment, or
crosses the disseminated market of another options exchange by not more
than one minimum trading increment, the Exchange member that effected
the trade-through should not be liable for satisfaction of such trade-
through. Because the Phlx's proposal, which was published for comment,
to permit automatic executions in certain, limited crossed market
situations would inevitably result in trade-throughs and the proposal,
therefore, could not be implemented without the changes to Phlx Rule
1085 proposed in Amendment No. 1, the Commission finds that good cause
exists to accelerate approval of Amendment No. 1 to permit the proposed
rule change to be implemented on an expedited basis.
    Therefore, the Commission finds that granting accelerated approval
to Amendment No. 1 is appropriate and consistent with Section 19(b)(2)
of the Act.\12\
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    \12\ 15 U.S.C. 78s(b)(2).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1, including whether the Amendment
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

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

File Number SR-Phlx-2005-45 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-Phlx-2005-45. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section. Copies of
such filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2005-45 and should be submitted on or before April
5, 2006.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-Phlx-2005-45) is approved,
and Amendment No. 1 thereto is approved on an accelerated basis.
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    \13\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
[FR Doc. E6-3698 Filed 3-14-06; 8:45 am]

BILLING CODE 8010-01-P