will be achieved as a result of implementing the long-term strategy.
The District is not required to establish RPGs because it does not have
a Class I area.
    Section 51.308(f)(3)(ii) applies in circumstances in which a Class
I area's RPG for the most impaired days represents a slower rate of
visibility improvement than the uniform rate of progress calculated
under 40 CFR 51.308(f)(1)(vi). Under 40 CFR 51.308(f)(3)(ii)(B), a
state that contains sources that are reasonably anticipated to
contribute to visibility impairment in such a Class I area must
demonstrate that there are no additional emission reduction measures
that would be reasonable to include in its long-term strategy. The
District's SIP revision included the modeled MANE-VU 2028 visibility
projections at nearby Class I areas.\78\ While these projections may
not represent the final RPGs for these Class I areas, all of the 2028
projections for the most impaired days at these areas (Brigantine,
Dolly Sods/Otter Creek, Shenandoah, and James River Face) are well
below the respective 2028 glidepaths. In addition, we note that the
District's largest contribution is to Brigantine Wilderness in New
Jersey. New Jersey submitted its regional haze SIP to EPA on March 26,
2020 and the proposed RPG for Brigantine was also well below the 2028
glidepath.\79\ EPA proposes to determine that the District has
satisfied the applicable requirements of 40 CFR 51.308(f)(3) relating
to reasonable progress goals.
---------------------------------------------------------------------------

    \78\ Section 2.22 of the DC DOEE 2019 Regional Haze SIP
submission.
    \79\ New Jersey submitted its second regional haze SIP on March
26, 2020 and supplemented the documentation on September 8, 2020. At
the time of this document, EPA has not yet proposed to approve or
disapprove New Jersey's determination with regard to the RPGs for
Brigantine Wilderness Area.
---------------------------------------------------------------------------

G. Monitoring Strategy and Other Implementation Plan Requirements

    Section 51.308(f)(6) specifies that each comprehensive revision of
a state's regional haze SIP must contain or provide for certain
elements, including monitoring strategies, emissions inventories, and
any necessary reporting and recordkeeping measures needed to assess and
report on visibility. A main requirement of this subsection is for
states with Class I areas to submit monitoring strategies for
measuring, characterizing, and reporting on visibility impairment. The
District does not have a Class I area and therefore its SIP is not
required to provide for a monitoring strategy and associated
requirements. It is also not subject to the requirements of 40 CFR
51.308(f)(6)(i), (ii), and (iv), which apply only to states with Class
I areas and pertain to the establishment of monitoring sites and
reporting and use of monitoring data. However, the District's SIP is
required to provide for procedures by which monitoring data and other
information are used in determining the contribution to emissions to
visibility impairment in other states. 40 CFR 51.308(f)(6)(iii).
Pursuant to this requirement, the

District commits to continuing support of ongoing IMPROVE visibility
monitoring in Class I areas.\80\
---------------------------------------------------------------------------

    \80\ Section 2.15 of the DC DOEE 2019 Regional Haze SIP
submission at 28.
---------------------------------------------------------------------------

    The District asserts that it is subject only to the requirements of
40 CFR 51.308(f)(6)(iii).\81\ EPA disagrees with this statement; the
District is also subject to 40 CFR 51.308(f)(6)(v) and (vi), which
apply to all states regardless of whether it has a Class I area.
Despite the District's misstatement, EPA is proposing to find that its
SIP provides for the necessary elements to satisfy the applicable
requirements.
---------------------------------------------------------------------------

    \81\ Id.
---------------------------------------------------------------------------

    Section 51.308(f)(6)(v) requires each state, including states
without Class I areas, to provide for an inventory of emissions of
pollutants that are reasonably anticipated to cause or contribute to
visibility impairment, including emissions for the most recent year for
which data are available and estimates of future projected emissions.
It also requires a commitment to update the inventory periodically. The
District provides for emissions inventories and estimates for future
projected emissions by participating in the MANE-VU RPO and complying
with the AERR. In 40 CFR part 51, subpart A, the AERR requires states
and the District of Columbia to submit emissions inventories for
criteria pollutants to EPA's Emissions Inventory System (EIS) every
three years. The emission inventory data is used to develop the NEI,
which provides for a triennial state-wide inventory of pollutants that
are reasonably anticipated to cause or contribute to visibility
impairment. MANE-VU also developed projections of future emissions of
visibility impairing pollutants and in its submission the District
commits to continue coordinating with MANE-VU on progress reports, SIP
revisions, and face-to-face consultation meetings as necessary to
maintain and improve the visibility in Class I Federal areas.\82\
---------------------------------------------------------------------------

    \82\ See Executive Summary at vii and section 1.5 at 4 of the DC
DOEE 2019 Regional Haze SIP submission.
---------------------------------------------------------------------------

    Section 2.20 of the District's second implementation period
regional haze SIP submission includes tables of National Emissions
Inventory (NEI) data. The source categories of the emissions
inventories included are: (1) Point sources; (2) nonpoint sources; (3)
non-road mobile sources; and (4) on-road mobile sources. The point
source category is further divided into Air Markets Program Data (AMPD)
point sources and non-AMPD point sources.\83\ The District included NEI
emissions inventories for the following years: 2002 (one of the
regional haze program baseline years), 2008, 2011, and 2014; and for
the following pollutants: SO2, NOX,
PM10, and NH3. The District's SIP revision was
submitted in November 2019 and the 2017 NEI was not published until
2020; therefore, the year of the most recent NEI at the time of
submission to EPA was 2014. There are additional data from the years of
2016 and 2017 for SO2 and NOX from the only AMPD
source listed in the District: The GSA Central Heating Plant. While not
included in its regional haze submission, the District has a complete
NEI for 2017.
---------------------------------------------------------------------------

    \83\ AMPD sources are facilities that participate in EPA's
emission trading programs. The majority of AMPD sources are electric
generating units (EGUs).
---------------------------------------------------------------------------

    As required in 40 CFR 51.308(f)(6)(v), states must commit to update
the inventory of emissions of pollutants that are reasonably
anticipated to cause or contribute to visibility impairment
periodically. The District chose to rely on the NEI as the inventory of
these emissions. Under the AERR, states are required to submit
estimates for all emissions categories to EPA on a three-year cycle.
EPA finds that the requirements to periodically update the national
inventory for all emission categories suffices to meet the requirement
to commit to updating a visibility impairing pollutant inventory for
the District.
    Section 51.308(f)(6)(v) also requires states to include estimates
of future projected emissions and include a commitment to update the
inventory periodically. The District explains in its submission that
MANE-VU projected emissions to 2028, which is the end of the second
implementation period.\84\ MANE-VU completed two 2028 projected
emissions modeling cases--a 2028 base case that considers only on-the-
books controls and a 2028 control case that considers implementation of
the MANE-VU Asks.\85\ For the District, the only emission reductions
from new measures included in the control case was implementation of
the low sulfur fuel oil standard Ask 3. EPA proposes that the District
has met the requirements of 40 CFR 51.308(f)(6)(v) by its continued
participation in MANE-VU and on-going compliance with the AERR, and
that no further elements are necessary at this time for the District to
assess and report on visibility pursuant to 40 CFR 51.308(f)(6)(vi).
---------------------------------------------------------------------------

    \84\ See section 2.6 of the DC DOEE 2019 Regional Haze SIP
submission.
    \85\ The District cites these as appendices 9 and 10 in the
document, but they are ``Technical Support Document for the 2011
Northeastern U.S. Gamma Emission Inventory (January 2018)'' appendix
10 and ``Ozone Transport Commission/Mid-Atlantic Northeastern
Visibility Union 2011 Based Modeling Platform Support Document--
October 2018 Update (October 2018)'' appendix 11 in the SIP
submission respectively.
---------------------------------------------------------------------------

H. Requirements for Periodic Reports Describing Progress Towards the
Reasonable Progress Goals

    Section 51.308(f)(5) requires that periodic comprehensive revisions
of states' regional haze plans also address the progress report
requirements of 40 CFR 51.308(g)(1) through (5). The purpose of these
requirements is to evaluate progress towards the reasonable progress
goal for each Class I area within the state and each Class I area
outside the state that may be affected by emissions from within that
state. Section 51.308(g)(1) and (2) apply to all states and require a
description of the status of implementation of all measures included in
a state's first implementation period regional haze plan and a summary
of the emission reductions achieved through implementation of those
measures. Section 51.308(g)(3) applies only to states with Class I
areas within their borders and requires such states to assess current
visibility conditions, changes in visibility relative to baseline
(2000-2004) visibility conditions, and changes in visibility conditions
relative to the period addressed in the first implementation period
progress report. Section 51.308(g)(4) applies to all states and
requires an analysis tracking changes in emissions of pollutants
contributing to visibility impairment from all sources and sectors
since the period addressed by the first implementation period progress
report. This provision further specifies the year or years through
which the analysis must extend depending on the type of source and the
platform through which its emission information is reported. Finally,
40 CFR 51.308(g)(5), which also applies to all states, requires an
assessment of any significant changes in anthropogenic emissions within
or outside the state have occurred since the period addressed by the
first implementation period progress report, including whether such
changes were anticipated and whether they have limited or impeded
expected progress towards reducing emissions and improving visibility.
    The District's submission describes the status of the measures of
the long-term strategy from the first implementation period and
contains a summary of the emission reductions achieved by implementing
those

measures.\86\ As a member of MANE-VU, the District considered the MANE-
VU Asks and adopted corresponding measures into its long-term strategy
for the first implementation period.
---------------------------------------------------------------------------

    \86\ Section 2.17 of the DC DOEE 2019 Regional Haze SIP
submission.
---------------------------------------------------------------------------

    One of the MANE-VU Asks from the first implementation period was
for states to address emissions from 167 EGUs across the middle and
eastern United States. The District did not have any of those sources
within its borders, and so did not incorporate any measures in response
to this Ask into its plan. The District did have two units that met the
eligibility requirements for BART, but the facility--the Pepco Benning
Road Generation Station--took enforceable permit conditions to shut
down both units in 2012 and therefore did not undergo BART
determinations. The shutdown met another of the MANE-VU Asks, i.e.,
timely implementation of BART, by elimination of the would-be BART
sources and their emissions from the inventory entirely. The emission
reductions achieved through these source closures are summarized in the
source retirement section of the submission.\87\ Lastly, in response to
a MANE-VU Ask in 2015 the District promulgated a rule to reduce the
sulfur content in commercial heating oil and to prohibit the use of
heavy heating oils that contain high levels of sulfur. EPA approved
this rule into the SIP on May 1, 2017. 82 FR 20270. The SO2
and NOX emission reductions achieved by implementing this
measure are presented in section 2.18 of the District's submission.
---------------------------------------------------------------------------

    \87\ Section 2.7.3 of the DC DOEE 2019 Regional Haze SIP
submission.
---------------------------------------------------------------------------

    EPA proposes to find that the District has met the requirements of
40 CFR 51.308(g)(1) and (2) because its SIP submission describes the
measures included in the long-term strategy from the first
implementation period, as well as the status of their implementation
and the emission reductions achieved through such implementation.
    Section 51.308(g)(3) requires states with Class I areas to report
on the visibility conditions and changes at those areas. The District
does not have any Class I areas and is not required to address this
provision.
    Pursuant to 40 CFR 51.308(g)(4), the District provided a summary of
emissions of SO2, NOX, PM10, and
NH3 from all sources and activities, including from point,
nonpoint, non-road mobile, and on-road mobile sources, for the time
period from 2002 to 2014.\88\ The District explained that 2014 was the
most recent year for which it had submitted emission estimates to
fulfill the requirements of part 51 subpart A (the AERR).
---------------------------------------------------------------------------

    \88\ See ``2017 National Emissions Inventory Data for the
District of Columbia for Select Pollutants'' in the docket.
---------------------------------------------------------------------------

    The emissions information submitted by the District indicates that
SO2 emissions decreased over the 2002 through 2014 period.
Due to source retirements, the District had zero tons of SO2
emissions in 2014 from EGUs that report to EPA's AMPD and the
submission indicates these emissions continued to be zero in 2016 and
2017. SO2 emissions from non-AMPD point sources and
nonpoint, non-road, and on-road sources all declined steadily from 2002
to 2014.\89\
---------------------------------------------------------------------------

    \89\ See section 2.20.3 of the DC DOEE 2019 Regional Haze SIP
submission.
---------------------------------------------------------------------------

    Total NOX emissions have also declined from 2002 to
2014, although not all categories have shown a consistent decrease.
Reductions in NOX emissions from AMPD sources are primarily
due to EGU retirements, while reductions in non-road and on-road
NOX are due to a range of federal requirements for different
types of engines and fuels.\90\
---------------------------------------------------------------------------

    \90\ See section 2.20.2 of the DC DOEE 2019 Regional Haze SIP
submission.
---------------------------------------------------------------------------

    Emissions of PM10 decreased overall from 2002 to 2014,
with point, nonpoint, and non-road categories having lower emissions in
2014 and on-road sources showing an increase in PM10
emissions. Similarly, NH3 emissions in the District were
lower overall in 2014 relative to 2002, although emissions from
nonpoint sources do show an increase relative to the baseline.\91\
---------------------------------------------------------------------------

    \91\ See section 2.20.1 of the DC DOEE 2019 Regional Haze SIP
submission.
---------------------------------------------------------------------------

    EPA is proposing to find that the District has satisfied the
requirements of 40 CFR 51.308(g)(4) by providing emissions information
for SO2, NOX, PM10, and NH3
broken down by type of source. At the time of the District's SIP
submission, the year of the most recent data submitted to NEI was 2014;
therefore, the endpoint of the analysis of changes in emissions is
2014. The District also provided SO2 and NOX data
for sources that report to EPA's AMPD for 2016 and 2017.
    The District uses the emissions trend data to support the
assessment that anthropogenic haze-causing pollutant emissions in the
District have decreased during the reporting period and that changes in
emissions have not limited or impeded progress for the regional haze
program. EPA is proposing to find that the District has met the
requirements of 40 CFR 51.308(g)(5).

I. Requirements for State and Federal Land Manager Coordination

    Section 51.308(i)(2)'s FLM consultation provision requires that a
state must provide FLMs with an opportunity for consultation that is
early enough in the state's policy analyses of its long-term strategy
emission reduction obligation for the FLMs' input to meaningfully
inform the state's decisions. If the consultation has taken place at
least 120 days before a public hearing or public comment period, the
opportunity for consultation will be deemed early enough, however, the
opportunity for consultation must be provided at least sixty days
before a public hearing or public comment period at the state level.
Section 51.308(i)(2) also provides two substantive topics which FLMs
must be provided an opportunity to discuss with states, and 40 CFR
51.308(i)(3) requires states, in developing their implementation plans,
to include a description of how they addressed FLMs' comments.
    The states in the MANE-VU RPO conducted FLM consultation early in
the planning process concurrent with the state-to-state consultation
that formed the basis of the RPO's decision making process. As part of
the consultation, the FLMs were given the opportunity to review and
comment on the technical documents developed by MANE-VU. The FLMs were
invited to attend the intra- and inter-RPO consultations calls among
states and at least one FLM representative was documented to have
attended seven intra-RPO meetings and all inter-RPO meetings. The
District participated in these consultation meetings and calls.\92\
---------------------------------------------------------------------------

    \92\ See appendix 7 of the DC DOEE 2019 Regional Haze SIP
submission, ``MANE-VU Regional Haze Consultation Summary (MANE-VU,
July 2018).''
---------------------------------------------------------------------------

    As part of this early engagement with the FLMs, in April 2018 the
NPS sent letters to the MANE-VU states requesting that they consider
evaluating particular sources for inclusion in their long-term
strategies.\93\ The sources the NPS identified were selected based on a
Q/d analysis it performed using cumulative NOX and
SO2 emissions as the quantity variable Q and the distance to
the nearest national park as the variable d. Sources with a Q/d greater
than or equal to 1 were included on the 2018 NPS source list; the GSA
Central Heating Plant met this threshold based on 2014 NEI data and its
proximity to

Shenandoah National Park. The District noted that the NPS's methodology
did not account for meteorological considerations such as wind
direction, and that it disagreed with the NPS's conclusion that the GSA
Central Heating Plant was reasonably anticipated to impair visibility
at Shenandoah National Park. However, the District decided to respond
to the consultation request by explaining the existing emission control
measures at the facility. The District's explanation is summarized in
section IV.E.2. of this document (addressing EPA's evaluation of the
District's response to MANE-VU Ask 2).
---------------------------------------------------------------------------

    \93\ See appendix 9 of the DC DOEE 2019 Regional Haze SIP
submission, ``National Park Service Letter to MANE-VU (April
2018).''
---------------------------------------------------------------------------

    On April 10, 2019, the District submitted a draft Regional Haze SIP
to the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the
National Park Service for a 60-day review and comment period pursuant
to 40 CFR 51.308(i)(2).\94\ The U.S. Forest Service commented that the
draft it received was acceptable and no changes were needed.\95\ The
National Park Service and the U.S. Fish and Wildlife Service did not
provide comments during this consultation period. The District
published its regional haze SIP in the District of Columbia Register
for a 30-day comment period within the District on August 30, 2019. A
public hearing was held on September 30, 2019. No comments were
received. Consistent with 40 CFR 51.308(i)(2), the opportunity for FLM
consultation took place more than 120 days prior to holding any public
hearing.
---------------------------------------------------------------------------

    \94\ See appendix 15 of the DC DOEE 2019 Regional Haze SIP
submission, ``FLM Consultation Initiation Letter (April 2019).''
    \95\ See appendix 17 of the DC DOEE 2019 Regional Haze SIP
submission, ``US Forest Service Consultation Response Letter (June
2019).''
---------------------------------------------------------------------------

    For the reasons stated above, EPA proposes to find that the
District has met its requirements under 40 CFR 51.308(i) to consult
with the FLMs on its regional haze SIP for the second implementation
period. The District committed in its SIP to ongoing consultation with
the FLMs on regional haze issues throughout the implementation period,
consistent with the requirement of 40 CFR 51.308(i)(4).\96\
---------------------------------------------------------------------------

    \96\ See section 2.28 of the DC DOEE 2019 Regional Haze SIP
submission at 43.
---------------------------------------------------------------------------

V. Error Correction

A. What is EPA's authority to correct errors in SIP rulemakings?

    Section 110(k)(6) of the CAA provides EPA with authority to make
corrections to prior SIP actions that are subsequently found to be in
error in the same manner as the prior action, and to do so without
requiring any further submission from the state. This determination and
the basis must be provided to the state and the public.

B. What rule is EPA proposing to correct?

    EPA approved the District's revision to the DC NOX RACT
rule (20 DCMR 805) into the SIP on February 24, 2020 (85 FR 10295). The
revisions to that rule amended the regulation to remove old provisions
and replace them with new and/or more stringent regulations or controls
for combustion turbines and associated heat recovery steam generators
and duct burners and amended the applicability provisions of these
regulations to include all combustion turbines and associated heat
recovery steam generators and duct burners, among other related
revisions and updates to the rule.
    After we finalized the rulemaking, EPA discovered that we had erred
in identifying the particular sections of the DC NOX RACT
rule for incorporation by reference into the DC SIP. In several
instances, the substance of the District's revisions to its rule in
section 805.4(a) and (b) were correctly represented and evaluated in
EPA rulemaking, but were cited as being in section 805.1 of the DC
NOX RACT rule. The District also submitted revisions to
section 805.1(a) and 805.1(a)(2), which were appropriately discussed
and correctly cited in the rulemaking (see 84 FR at 47918, September
11, 2019). Throughout the prior rulemaking we incorrectly referred to
section 805.4 as being section 805.1 in both in the narrative and
regulatory table.

C. What action is EPA proposing?

    EPA is proposing to use our authority under CAA section 110(k)(6)
to correct errors in the regulatory citation in our February 24, 2020
final action on the DC NOX RACT rule and to codify this
correction by revising the appropriate entries under 40 CFR 52.470
(Identification of Plan). EPA previously proposed and took public
comment on the substance of the DC NOX RACT rule and our
evaluation thereof in the September 11, 2019 NPRM (84 FR 47914).
Because this proposed rulemaking is limited to correcting our error in
conflating the citations for 805.1 and 805.4, the scope of our present
request for comment is limited to whether we are properly effectuating
this correction and we will not be taking comment on the substance of
the DC NOX RACT rule. Therefore, as required in CAA section
110(k)(6), in the same manner as the prior action, EPA is proposing for
public review and comment the correction to the citations of the
provisions which were approved in the previous action. Specifically, we
are proposing to amend the table in paragraph (c) of 40 CFR 52.470 to
correctly reflect our approval of 20 DCMR sections 805.1(a),
805.1(a)(2), 805.4(a) and 805.4(b), as described in our February 24,
2020 final rule action. This proposal is separate from the proposal to
approve the DC DOEE 2019 Regional Haze SIP submission, and as such EPA
is taking public comments on the citation correction through this
docket, but as a severable action.

VI. Proposed Action

    EPA is proposing to approve the revision to the District of
Columbia SIP submitted by the District through DC DOEE on November 8,
2019. EPA is proposing to approve the District's SIP submission as
satisfying the regional haze requirements for the second implementation
period.

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or

safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking, the District's regional haze
state implementation plan for the second implementation period and
correction for the RACT rule for major stationary sources of
NOX, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides.

    Dated: April 5, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-07334 Filed 4-14-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20619]
[DOCID:fr20ap10-77]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0202]

Lower Mississippi River Waterway Safety Advisory Committee;
Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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SUMMARY: The Lower Mississippi River Waterway Safety Advisory Committee
will meet in New Orleans to discuss various issues relating to
navigational safety on the Lower Mississippi River and related
waterways. This meeting will be open to the public.

DATES: The Committee will meet on Thursday, May 6, 2010 from 9 a.m. to
12 p.m. This meeting may close early if all business is finished.
Written material and requests to make oral presentations should reach
the Coast Guard on or before April 19, 2010. Requests to have a copy of
your material distributed to each member of the committee should reach
the Coast Guard on or before April 19, 2010.

ADDRESSES: The Committee will meet at the New Orleans Yacht Club, 403
North Roadway, West End, New Orleans, LA 70124. Send written material
and requests to make oral presentations to Commander, Coast Guard
Sector New Orleans Designated Federal Officer (DFO) of Lower
Mississippi River Waterway Safety Advisory Committee, ATTN: Waterways
Management, 1615 Poydras St., New Orleans, LA 70112. This notice, and
documents identified in the Supplementary Information section as being
available in the docket may be viewed in our online docket, USCG-2010-
0202, at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer David Chapman,
Assistant to DFO of Lower Mississippi River Waterway Safety Advisory
Committee, telephone<PHONE_NUMBER>.

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

Agenda of Meeting

    The agenda for the May 6, 2010 Committee meeting is as follows:

    (1) Introduction of committee members.
    (2) Opening Remarks.
    (3) Approval of the October 7, 2009 minutes.
    (4) Old Business.
    (a) Captain of the Port status report.
    (b) Subcommittee/Working Groups update reports.
    (5) New Business.
    (6) Adjournment.

Procedural

    This meeting is open to the public. Please note that the meeting
may close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meeting.
If you would like to make an oral presentation at a meeting, please
notify the DFO no later than April 19, 2010. Written material for
distribution at a meeting should reach the Coast Guard no later than
April 19, 2010. If you would like a copy of your material distributed
to each member of the committee in advance of a meeting, please submit
25 copies to the DFO no later than April 19, 2010.

Information on Services for Individuals With Disabilities

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

    Dated: April 11, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2010-9019 Filed 4-19-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Notices]
[Page 74803-74804]
[DOCID:fr16de05-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Tendered for Filing With the Commission and
Soliciting Additional Study Requests

December 12, 2005.

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor License.
    b. Project No.: 12599-002.\1\
---------------------------------------------------------------------------

    \1\ The Mill Coulee Drops Project No. 12599 would be located at
the sites of the Mill Coulee Lower Project No. 12536 and the Mill
Coulee Upper Project No. 12537, for which the applicant holds
preliminary permits.
---------------------------------------------------------------------------

    c. Date filed: November 28, 2005.
    d. Applicant: Wade Jacobsen.
    e. Name of Project: Mill Coulee Drops Hydroelectric Project.
    f. Location: On the Mill Coulee Canal, in Cascade County, Montana,
about 4 miles west of Fairfield, Montana. The project would occupy in
part on lands of the United States administered by the Bureau of
Reclamation.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a) through
825(r).
    h. Applicant Contact: Ted Sorenson, Sorenson Engineering, 5203
South 11th East, Idaho Falls, ID 83404,<PHONE_NUMBER>.
    i. FERC Contact: Dianne Rodman,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    j. Cooperating agencies: We are asking Federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments described in
item l below. Cooperating agencies should note the Commission's policy
that agencies that cooperate in the preparation of the environmental
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and

serve a copy of the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: January 27, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.

    m. The application is not ready for environmental analysis at this
time.
    n. The proposed project would be built at the Mill Coulee Canal's
Upper and Lower Mill Coulee drop structures, which are reinforced
concrete structures 290 and 190 feet long, respectively. The total drop
for the two structures is 101.6 feet. The applicant proposes to
construct: (1) A check structure, consisting of a spillway gate panel
anchored to a ballast concrete structure spanning the full width of the
canal floor between new concrete abutment walls, upstream from the
concrete transition of the Upper Mill Coulee chute drop; (2) an intake
structure to divert flows from the left side of the canal; (3) a 48-
inch-diameter, 1,400-feet-long pre-stressed concrete, tape-coated
steel, or polyethylene penstock that would be completely buried; (4) a
powerhouse containing one horizontal Francis turbine and one generator
with a rated output of 1.05 MW; (5) a draft tube and 2,650-feet-long
tailrace discharging flows into the canal below the Lower Mill Coulee
drop structure; (6) a switchyard immediately adjacent to the
powerhouse; and (7) a 0.7-mile-long, 69-kV transmission line extending
from the switchyard to interconnect with an existing Sun River Electric
Cooperative transmission line. The project would use flows as they are
provided in accordance with the needs of the Greenfield Irrigation
District, which operates the canal. The project would not impound water
and would be operated strictly as a run-of-river plant. Average annual
generation would be 2,430,000 kilowatt-hours.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    p. With this notice, we are initiating consultation with the
Montana State Historic Preservation Officer (SHPO), as required by
Sec.  106, National Historic Preservation Act, and the regulations of
the Advisory Council on Historic Preservation, 36, CFR, at Sec.  800.4.
    q. Procedural schedule: We are currently reviewing the application
for adequacy. This schedule allows 30 days for the correction of any
deficiencies and the submittal of any additional information needed. If
deficiencies and additional information needs require more time, the
schedule will be revised accordingly.
    Issue Deficiency Letter, December 2005.
    Issue Acceptance Letter, January 2006.
    Issue Scoping Document 1 for comments, January 2006.
    Notice of application is ready for environmental analysis, February
2006.
    Notice of the availability of the EA, June 2006.
    Ready for Commission's decision on the application, July 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7430 Filed 12-15-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Proposed Rules]
[Pages 14837-14840]
[FR Doc No: 2020-05139]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2020-0066]
RIN 1625-AA08

Special Local Regulation; Marine Event Within the Fifth Coast
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulation for certain waters of the Choptank River. This action
is necessary to provide for the safety of life on these navigable
waters located at Cambridge, MD, during a high-speed power boat racing
event on May 16, 2020, and May 17, 2020. This proposed rulemaking would
prohibit persons and vessels from entering the regulated area unless
authorized by the Captain of the Port Maryland-National Capital Region
or the Coast Guard Patrol Commander. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 15, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0066 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 Mr. Ron Houck, U.S. Coast Guard Sector
Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
CFR Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Cambridge Power Boat Racing Association, Inc. of Cambridge, MD,
notified the Coast Guard that it will be conducting the Cambridge
Classic Power Boat Regatta from 10 a.m. to 5:30 p.m. on May 16, 2020,
and from 10 a.m. to 5:30 p.m. on May 17, 2020. The high-speed power
boat racing event consists of approximately 75 participating inboard
and outboard hydroplane and runabout race boats of various classes, 16
to 26 feet in length. The vessels will be competing on a designated,
marked, 1-mile oval course located in the Choptank River in a cove
located between Hambrooks Bar and the shoreline at Cambridge, MD.
Hazards from the power boat racing event include risks of injury or
death resulting from near or actual contact among participant vessels
and spectator vessels or waterway users if normal vessel traffic were
to interfere with the event. Additionally, such hazards include
participants operating near designated navigation channels, as well as
operating near approaches to local public boat ramps, private marinas
and yacht clubs, and waterfront businesses. The COTP Maryland-National
Capital Region has determined that potential hazards associated with
the power boat races would be a safety concern for anyone intending to
participate in this event and for vessels that operate within specified
waters of the Choptank River.
    Our regulation for marine events within the Fifth Coast Guard
District in 33 Code of Federal Regulations (CFR) 100.501, lists this
annually scheduled event as item b.21 in the Table to Sec.  100.501.
This year, however, due to a scheduling change for the Cambridge
Classic Powerboat Race, a change of dates is necessary to the dates
previously published in the CFR, as listed in the Table to 33 CFR
100.501. Additionally, this proposed rule addresses a need to change
the location of the Cambridge Classic Powerboat Race regulated area for
this year from that previously published in the Table to 33 CFR
100.501.
    The purpose of this rulemaking is to protect event participants,
non-participants and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 9 a.m. on May 16, 2020, through 6:30
p.m. on May 17, 2020. The regulations would be enforced from 9 a.m.
through 6:30 p.m. each day. The regulated area would cover all
navigable waters of the Choptank River and Hambrooks Bay bounded by a
line connecting the following coordinates: Commencing at the shoreline
at Long Wharf Park, Cambridge, MD, at position latitude 38[deg]34'30''
N, longitude 076[deg]04'16'' W; thence east to latitude 38[deg]34'20''
N, longitude 076[deg]03'46'' W; thence northeast across the Choptank
River along the Senator Frederick C. Malkus, Jr. (US-50) Memorial
Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude
076[deg]02'52'' W; thence west along the shoreline to latitude
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west
along the shoreline to latitude 38[deg]36'42'' N, longitude
076[deg]04'15'' W; thence southwest across the Choptank River to
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N,
longitude 076[deg]05'17'' W; thence south and east along the shoreline
to and terminating at the point of origin.
    This proposed rule provides additional information about areas
within the regulated area, and the restrictions that apply to mariners.
These areas include a ``Race Area,'' ``Buffer Zone'' and ``Spectator
Area.''
    The proposed duration of the rule and size of the regulated area
are intended to ensure the safety of life on these navigable waters
before, during, and after the high-speed power boat races, scheduled to
take place from 10 a.m. to 5:30 p.m. on May 16, 2020, and May 17, 2020.
The COTP and the Coast Guard Patrol Commander (PATCOM) would have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area.
    Except for Cambridge Classic Powerboat Race participants and
vessels already at berth, a vessel or person would be required to get
permission from the COTP or PATCOM before entering the regulated area
while the rule is being enforced. Vessel operators would request
permission to enter and transit through the regulated area by
contacting the COTP, PATCOM or official patrols on VHF-FM channel 16. A
person or vessel not registered with the event sponsor as a participant
or assigned as official patrols would be considered a non-participant.
Official Patrols are any vessel assigned or approved by the Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    If permission is granted by the COTP or PATCOM, a non-participant
would be allowed to enter the regulated area or pass directly through
the regulated area as instructed. Vessels would be required to operate
at a safe speed that minimizes wake while within the regulated area in
a manner that would not endanger event participants or any other craft.
Official patrol vessels would direct non-participants while within the
regulated area.
    The regulatory text we are proposing appears at the end of this
document.

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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size and duration
of the regulated area, which would impact a small designated area of
the Choptank River for 19 total enforcement hours. The Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of the regulated area. Moreover, the rule would allow
vessels and persons to seek permission to enter the regulated area.

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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.

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 Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area for 19 hours. Normally such actions
are categorically excluded from further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
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 comment 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
submissions in response to this docket, see DHS's Correspondence System
of Records notice (84 FR 48645, September 26, 2018).
    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 website'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 is
proposing 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:  46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec.  100.T05-0066 to read as follows:

Sec.  100.T05-0066  Cambridge Classic Powerboat Race, Choptank River,
Hambrooks Bay, Cambridge, MD.

    (a) Regulated areas. The regulations in this section apply to the
following areas:
    (1) All navigable waters within Choptank River and Hambrooks Bay
bounded by a line connecting the following coordinates: Commencing at
the shoreline at Long Wharf Park, Cambridge, MD, at position latitude
38[deg]34'30'' N, longitude 076[deg]04'16'' W; thence east to latitude
38[deg]34'20'' N, longitude 076[deg]03'46'' W; thence northeast across
the Choptank River along the Senator Frederick C. Malkus, Jr. (US-50)
Memorial Bridge, at mile 15.5, to latitude 38[deg]35'30'' N, longitude
076[deg]02'52'' W; thence west along the shoreline to latitude
38[deg]35'38'' N, longitude 076[deg]03'09'' W; thence north and west
along the shoreline to latitude 38[deg]36'42'' N, longitude
076[deg]04'15'' W; thence southwest across the Choptank River to
latitude 38[deg]35'31'' N, longitude 076[deg]04'57'' W; thence west
along the Hambrooks Bay breakwall to latitude 38[deg]35'33'' N,
longitude 076[deg]05'17'' W; thence south and east along the shoreline
to and terminating at the point of origin. The following locations are
within the regulated area:
    (i) Race Area. Located within the waters of Hambrooks Bay and
Choptank River, between Hambrooks Bar and Great Marsh Point, MD.
    (ii) Buffer Zone. All waters within Hambrooks Bay and Choptank
River (with the exception of the Race Area designated by the marine
event sponsor) bound to the north by the breakwall and continuing along
a line drawn from the east end of breakwall located at latitude
38[deg]35'27.6'' N, longitude 076[deg]04'50.1'' W, thence southeast to
latitude 38[deg]35'17.7'' N longitude 076[deg]04'29'' W, thence south
to latitude 38[deg]35'01'' N longitude 076[deg]04'29'' W, thence west
to the shoreline at latitude 38[deg]35'01'' N, longitude
076[deg]04'41.3'' W.
    (iii) Spectator Area. All waters of the Choptank River, eastward
and outside of Hambrooks Bay breakwall, thence bound by line that
commences at latitude 38[deg]35'28'' N, longitude 076[deg]04'50'' W;
thence northeast to latitude 38[deg]35'30'' N, longitude
076[deg]04'47'' W; thence southeast to latitude 38[deg]35'23'' N,
longitude 076[deg]04'29'' W; thence southwest to latitude
38[deg]35'19'' N, longitude 076[deg]04'31'' W; thence northwest to and
terminating at the point of origin.
    (2) These coordinates are based on datum NAD 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Coast Guard Patrol Commander (PATCOM) means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as participating in the Cambridge Classic Powerboat Race or
otherwise designated by the event sponsor as having a function tied to
the event.
    (c) Regulations. (1) Except for participants and vessels already at
berth, all non-participants are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area described
in paragraph (a) of this section unless authorized by the COTP
Maryland-National Capital Region or PATCOM.
    (2) To seek permission to enter, contact the COTP Maryland-National
Capital Region at telephone number<PHONE_NUMBER> or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz) or the PATCOM on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz) or at telephone number 410-226-
0580. Those in the regulated area must comply with all lawful orders or
directions given to them by the COTP Maryland-National Capital Region
or PATCOM.
    (3) The COTP Maryland-National Capital Region will provide notice
of the regulated area through advanced notice via Fifth Coast Guard
District Local Notice to Mariners, broadcast notice to mariners, and
on-scene official patrols.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 9 a.m.
through 6:30 p.m. on May 16, 2020, and, from 9 a.m. through 6:30 p.m.
on May 17, 2020.

    Dated: March 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-05139 Filed 3-13-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44101-44103]
[FR Doc No: 2017-20164]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0025; FRL-9968-09-Region 1]

Air Plan Approval; Rhode Island; Reasonably Available Control
Technology for US Watercraft, LLC

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. The revision consists of a reasonably available control
technology (RACT) approval for a volatile organic compound (VOC)
emission source in Rhode Island, specifically, US Watercraft, LLC. This
action is being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on October 23, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0025. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, tel.<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 3, 2017, EPA published a Notice of Proposed Rulemaking (82
FR 30815) and Direct Final Rulemaking (DFRN) (82 FR 30747) proposing to
approve and approving, respectively, a RACT approval for a VOC emission
source in Rhode Island, specifically, US Watercraft, LLC. The RACT
approval was submitted by the Rhode Island Department of Environmental

Management (RI DEM) to EPA as a SIP revision on August 8, 2003, which
was amended on February 20, 2004. In the DFRN, EPA stated that if an
adverse comment were to be submitted to EPA by August 2, 2017, the
action would be withdrawn and not take effect, and a final rule would
be issued based on the NPR. EPA received one adverse comment prior to
the close of the comment period. Therefore, EPA withdrew the DFRN on
September 1, 2017 (82 FR 41526). This action is a final rule based on
the NPR.
    A detailed discussion of Rhode Island's August 8, 2003 SIP revision
and February 20, 2004 amendment, and EPA's rationale for approving the
SIP revision were provided in the DFRN and will not be restated here,
except to the extent relevant to our response to the public comment we
received.

II. Response to Comment

    EPA received one adverse comment on its July 3, 2017 (82 FR 30815)
Notice of Proposed Rulemaking.
    Comment: The commenter raised concerns that the rulemaking
identified TPI Composites, Inc. (TPI) as being owned and operated by US
Watercraft Inc., and asserted that TPI is an entirely independent and
separate corporate entity from US Watercraft, LLC with no common
ownership or control of operations between the two companies. The
commenter also stated that US Watercraft, LLC purchased and now owns
the fiberglass boat manufacturing processes covered by the RACT
approval and that TPI is not conducting fiberglass boat manufacturing
operations at 373 Market Street in Warren, Rhode Island.
    Response: It was not EPA's intention to describe TPI as being owned
and operated by US Watercraft, LLC. EPA agrees that the RACT approval
being approved into the RI SIP only applies to the fiberglass boat
manufacturing operations located at 373 Market Street in Warren, Rhode
Island, which are currently known to be owned and operated by US
Watercraft, LLC as referenced in the US Watercraft, LLC Operating
Permit Number RI-39-09(R1) issued by the RI DEM on April 24, 2009.

III. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP, a
RACT approval effective July 16, 2003, and a RACT approval amendment
effective February 11, 2004, for US Watercraft, LLC. The RACT approval
and amendment were submitted by the RI DEM to EPA as a SIP revision on
August 8, 2003, and February 20, 2004, respectively. EPA is also
removing the previously approved consent agreement File No. 90-1-AP
issued to TPI from the Rhode Island SIP.
    It should be noted that subsequent to RI DEM's submittal of its SIP
revision and amendment in 2003 and 2004, respectively, EPA later issued
a Control Techniques Guidelines (CTG) for Fiberglass Boat Manufacturing
Materials on October 7, 2008 (73 FR 58481). RI DEM has not yet
addressed this CTG. On February 3, 2017 (82 FR 9158), EPA issued a
Findings of Failure to Submit State Implementation Plan Submittals for
the 2008 Ozone National Ambient Air Quality Standards for Rhode
Island's failure to submit a SIP revision to satisfy the 2008 CTG for
Fiberglass Boat Manufacturing Materials.
    At this time, EPA is taking no action with regard to Rhode Island's
obligation to address the 2008 CTG for Fiberglass Boat Manufacturing
Materials since Rhode Island has not yet taken formal action to address
this CTG. With this action, we are approving the revised RACT approval
for US Watercraft as meeting CAA section 110(l) because the SIP
revision will not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. Moreover, approving this RACT approval into the
Rhode Island SIP will strengthen the SIP as it is designed to control
VOC emissions. However, Rhode Island is still obligated to submit a
formal SIP revision to EPA detailing how the State is addressing the
Fiberglass Boat Manufacturing Materials CTG for any and all sources in
the State covered by that CTG.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the RACT
Approval for US Watercraft, LLC described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov, and/or
at the EPA Region 1 Office (please contact the person identified in the
For Further Information Contact section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. Section 804, however,
exempts from section 801 the following types of rules: Rules of
particular applicability; rules relating to agency management or
personnel; and rules of agency organization, procedure, or practice
that do not substantially affect the rights or obligations of non-
agency parties. 5 U.S.C. 804(3). Because this is a rule of particular
applicability, EPA is not required to submit a rule report regarding
this action under section 801.
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 20, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: September 7, 2017.
 Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070, the table in paragraph (d) is amended by:
0
a. Removing the entry ``Tillotson-Pearson in Warren, Rhode Island''.
0
b. Adding the entry ``US Watercraft, LLC in Warren, Rhode Island'' to
the end of the table.
    The addition reads as follows:

Sec.  52.2070   Identification of plan.

* * * * *
    (d) * * *

                             EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         Name of source               Permit No.             date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
US Watercraft, LLC in Warren,     File No. 01-05-AP.  7/16/2003 and 2/11/ 9/21/2017, [insert  VOC RACT approval
 Rhode Island.                                         2004.               Federal Register    and amendment.
                                                                           citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-20164 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33973-33976]
[FR Doc No: 2014-13821]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72349; File No. SR-NYSEArca-2014-66]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change to Reflect a Change
to the Reference Index Relating to the Columbia Select Large Cap Value
ETF

June 9, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on June 2, 2014, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule

change, as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to reflect a change to the reference index
relating to the Columbia Select Large Cap Value ETF (formerly, Grail
American Beacon Large Cap Value ETF). Shares of the Fund are currently
listed and traded on the Exchange. The text of the proposed rule change
is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Commission has approved listing and trading on the Exchange of
shares (``Shares'') of the Columbia Select Large Cap Value ETF
(formerly, Grail American Beacon Large Cap Value ETF) (``Fund''), a
series of Columbia ETF Trust (``Trust'') (formerly, the Grail Advisors
ETF Trust) \4\ under NYSE Arca Equities Rule 8.600, which governs the
listing and trading of Managed Fund Shares. Shares of the Fund are
currently listed and traded on the Exchange.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59826 (April 28,
2009), 74 FR 20512 (May 4, 2009) (SR-NYSEArca-2009-22) (``Prior
Order''). See also Securities Exchange Act Release No. 59651 (March
30, 2009), 74 FR 15548 (April 6, 2009) (SR-NYSEArca-2009-22)
(``Prior Notice,'' and together with the Prior Order, the ``Prior
Release'').
---------------------------------------------------------------------------

    The Shares are offered by the Trust, which is registered with the
Commission as an open-end management investment company.\5\ The
investment advisor to the Fund is Columbia Management Investment
Advisers, LLC (the ``Investment Manager'').\6\
---------------------------------------------------------------------------

    \5\ The Trust is registered under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). On April 14, 2014, the Trust
filed with the Commission an amendment to its registration statement
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and
under the 1940 Act relating to the Fund (File Nos. 333-148082 and
811-22154) (``Registration Statement''). The description of the
operation of the Trust and the Fund herein is based, in part, on the
Registration Statement. In addition, the Commission has issued an
order granting certain exemptive relief to the Trust under the 1940
Act. See Investment Company Act Release No. 28604 (January 16, 2009)
(File No. 812-13440) (``Exemptive Order'').
    \6\ The previous investment manager for the Fund was Grail
Advisors LLC, a majority-owned subsidiary of Grail Partners LLC. The
Fund previously was sub-advised by American Beacon Advisors, Inc.
---------------------------------------------------------------------------

    In this proposed rule change, the Exchange proposes to reflect a
change to the index that the Investment Manager will utilize to
implement the Fund's investment objective, as described below.\7\
---------------------------------------------------------------------------

    \7\ The changes described herein will be effective upon filing
with the Commission of another amendment to the Fund's Registration
Statement. See note 5, supra. The Investment Manager represents that
it will manage the Fund in the manner described in the Prior
Release, and will not implement the changes described herein until
the instant proposed rule change is operative.
---------------------------------------------------------------------------

    The Prior Release stated that the Fund's investment objective is
long-term capital appreciation and current income; that, ordinarily, at
least 80% of the Fund's net assets (plus the amount of any borrowings
for investment purposes) would be invested in equity securities of
large market capitalization U.S. companies; and that these companies
generally have market capitalizations similar to the market
capitalizations of the companies in the Russell 1000[supreg] Index at
the time of investment.\8\ The Prior Release further stated that the
Fund's investment sub-advisers will select stocks that, in their
opinion, have most or all of the following characteristics (relative to
the Russell 1000[supreg] Index): Above-average earnings growth
potential; below-average price to earnings ratio; below-average price
to book value ratio; and above-average dividend yields.\9\
---------------------------------------------------------------------------

    \8\ The Russell 1000 Index measures the performance of the 1,000
largest U.S. companies based on total market capitalization. The
Prior Release stated that the Fund's investments may include common
stocks, preferred stocks, securities convertible into U.S. common
stocks, U.S. dollar-denominated American Depositary Receipts, and
U.S. dollar-denominated foreign stocks traded on U.S. exchanges, and
that the Fund will not purchase or sell securities in markets
outside the U.S.
    \9\ The Fund currently does not have a sub-adviser. The
activities of the sub-advisers described in the Prior Release have
been assumed by the Investment Manager, but the Investment Manager
may, in the future, employ for the Fund the services of an
investment sub-adviser or sub-advisers. The Investment Manager is
not registered as a broker-dealer, but is affiliated with a broker-
dealer, and has implemented a ``fire wall'' with respect to such
broker-dealer regarding access to information concerning the
composition and/or changes to the Fund's portfolio. If the
Investment Manager elects to hire a sub-adviser for the Fund that is
registered as a broker-dealer or is affiliated with a broker-dealer,
such sub-adviser will implement a fire wall with respect to its
relevant personnel or broker-dealer affiliate regarding access to
information concerning the composition and/or changes to the
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding
such portfolio.
    In the event (a) the Investment Manager becomes registered as a
broker-dealer or newly affiliated with a broker-dealer, or (b) any
new adviser or sub-adviser is a registered broker-dealer, or becomes
affiliated with a broker-dealer, it will implement a fire wall with
respect to its relevant personnel or its broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed
to prevent the use and dissemination of material non-public
information regarding such portfolio.
---------------------------------------------------------------------------

    Going forward, whether day-to-day portfolio management of the Fund
is provided by the Investment Manager or a sub-adviser selected by the
Investment Manager, the Investment Manager wishes to revise the
description of what constitutes equity securities of ``large market
capitalization U.S. companies'' from the market capitalization range of
the Russell 1000[supreg] Index to companies with market capitalizations
similar to the market capitalizations of the companies in the Russell
1000[supreg] Value Index at the time of investment.\10\ The Investment
Manager represents that it has managed the Fund consistent with the
range of the Russell 1000[supreg] Index; however, the Investment
Manager believes that the Russell 1000 Value[supreg] Index will better
reflect the Fund's ``value'' style of investing.\11\
---------------------------------------------------------------------------

    \10\ The Russell 1000 Value[supreg] Index, which is a subset of
the Russell[supreg] 1000 Index, measures the performance of the
large-cap value segment of the U.S. equity universe. It includes
those Russell 1000 companies with lower price-to-book ratios and
lower expected growth values. The Russell 1000 Value Index is
reconstituted annually. The Fund's current performance benchmark is
the Russell 1000 Value[supreg] Index, as reflected in the
Registration Statement.
    \11\ According to the Registration Statement, the Investment
Manager considers a variety of factors in identifying opportunities
and constructing the Fund's portfolio which may include, among
others, a low price-to-earnings ratio; positive change in senior
management; positive corporate restructuring; temporary setback in
price due to factors that no longer exist or are ending; a positive
shift in the company's business cycle; and/or a catalyst for
increase in the rate of the company's earnings growth. These factors
may change over time.
---------------------------------------------------------------------------

    The Investment Manager represents that there is no change to the
Fund's investment objective. The Fund will

continue to comply with all initial and continued listing requirements
under NYSE Arca Equities Rule 8.600.
    Except for the changes noted above, all other facts presented and
representations made in the Prior Release remain unchanged.
    All terms referenced but not defined herein are defined in the
Prior Release.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \12\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, and is designed
to promote just and equitable principles of trade and to protect
investors and the public interest, in that the Investment Manager
represents that there is no change to the Fund's investment objective
and the Investment Manager believes that the Russell 1000 Value[supreg]
Index better reflects the Fund portfolio managers' value style of
investing. In addition, the Investment Manager notes that the Fund's
current performance benchmark is the Russell 1000 Value[supreg] Index.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that the Fund will continue to comply with all
initial and continued listing requirements under NYSE Arca Equities
Rule 8.600. The Investment Manager represents that there is no change
to the Fund's investment objective. Except for the changes noted above,
all other representations made in the Prior Release remain unchanged.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes will
accommodate continued listing and trading of an issue of Managed Fund
Shares that, ordinarily, principally holds large-capitalization, U.S.
exchange-listed equities.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\13\ and Rule 19b-4(f)(6)(iii) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative for 30 days after the date of the filing.
However, Rule 19b-4(f)(6)(iii) \16\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay to accommodate the proposed
change without delay. The Exchange states that the Shares of the Fund
are currently listed and trading.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\17\ As stated in this proposal, the proposed change does not
alter the Fund's investment objective. Under the proposal, the Exchange
seeks to change the description of what constitutes equity securities
of ``large market capitalization U.S. companies'' from the market
capitalization range of the Russell 1000[supreg] Index to companies
with market capitalizations similar to the market capitalizations of
the companies in the Russell 1000[supreg] Value Index at the time of
investment. The Commission notes that the Russell 1000 Value[supreg]
Index, which measures the performance of the large-cap value segment of
the U.S. equity universe, is a subset of the Russell[supreg] 1000
Index. The Commission further notes that the Fund's current performance
benchmark is the Russell 1000 Value[supreg] Index, as reflected in the
Registration Statement. The Exchange represents that, except for this
change, all other facts and representations made in the Prior Release
remain unchanged, and the Fund will continue to comply with all initial
and continued listing requirements under NYSE Arca Equities Rule 8.600.
Because the proposed change does not alter the Fund's investment
objective and does not raise any novel or unique regulatory issues, the
Commission designates the proposed rule change as operative upon
filing.
---------------------------------------------------------------------------

    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-66 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2014-66. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing will also be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2014-66 and should be submitted on or before
July 7, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13821 Filed 6-12-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 133 (Thursday, July 11, 2019)]
[Proposed Rules]
[Page 33045]
[FR Doc No: C1-2019-12773]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 141 and 142

National Primary Drinking Water Regulations: Perchlorate;
Proposed Rule

Correction

    In proposed rule document 2019-12773 beginning on page 30524 in the
issue of Wednesday, June 26, 2019, make the following correction:
    On page 30558, in the third column, in the third paragraph,
``[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE Federal
Register]'' should read ``July 26, 2019''.

[FR Doc. C1-2019-12773 Filed 7-10-19; 8:45 am]
BILLING CODE 1301-00-D