Supporting Statement

for

Commercial Fishing Industry Vessel Safety Regulations

OMB No.: 1625-0061

COLLECTION INSTRUMENTS:  Instruction

A.  Justification.

1)  Circumstances that make the collection of information necessary.

Commercial fishing industry vessels must comply with the provisions of
46 CFR Subchapter C, Part 25, which apply to all uninspected commercial
vessels, and the commercial fishing industry vessel specific regulations
in 46 CFR Subchapter C, Part 28.  A total of twelve information
collection/recordkeeping items are in 46 CFR Part 28.

Congress promulgated the Commercial Fishing Industry Vessel Safety Act
of 1988 (the Act) (Pub. L. 100-424), now codified as 46 U.S.C. Chapter
45, 46 U.S.C. 6104, and 46 U.S.C. 10603 to reduce the unacceptably high
level of fatalities and accidents in the commercial fishing industry.

The Act requires new fish processing vessels to meet all classification
and survey requirements of the American Bureau of Shipping (ABS) or a
similarly qualified organization and to maintain on board appropriate
certificates evidencing compliance with this requirement.

The ABS or a similarly qualified organization is also required to
examine each uninspected fish processing vessel at least once every two
years.  As the rules specify that this examination be conducted by a
third party surveyor, and that compliance with the regulation be
attested to by the third party, the Coast Guard believes that
attestation letters are the only means available to accurately monitor
compliance with the requirement for examination.

Problems related to vessel stability are historically involved in 70% of
deaths on commercial fishing industry vessels.  As a result, the Coast
Guard believes that vessel stability related operational errors that
lead to casualties would be greatly reduced if operating personnel had
stability information available to them.  Detailed stability information
is required for each new fishing vessel 79 feet or greater in length
that has no load line requirement and for vessels with those
specifications built after September 15, 1991, that undergo major
alterations.  These instructions must be appropriate to the vessel’s
size and the operating personnel’s ability.  This requirement is
similar to that of inspected and load lined vessels.  Letters of
attestation are also required to ensure that stability calculations are
conducted to evaluate stability after major conversions have been done.

Marking of lifesaving equipment is required on all fishing vessels in
order to help familiarize individuals on board commercial fishing
industry vessels with the minimum information considered necessary in an
emergency.  The Coast Guard also feels that having this information
posted will result in it being seen frequently and will thus allow
individuals to act more rapidly and properly in an emergency.

The letters of acceptance for instructors and the course curricula are
designed to ensure that the instructors and the courses being taught
meet minimum standards.  This will also help ensure that qualified
individuals conduct the training required by 46 CFR 28.270.
Additionally, certificates of completion of training, which may be
issued by the accepted instructors, will provide proof to the boarding
officers that they have completed the required training and that they
are qualified to conduct the required drills and instruction.

Letters approving exemptions are required to ensure that the master or
individual in charge of the vessel knows that the vessel is exempted
from a particular regulation.  In addition, it will provide
documentation to the boarding officers that will allow them to ensure
that the vessel is not required to be in compliance with the exempted
regulations.

This information collection supports the following strategic goals:

Department of Homeland Security

Prevention

Protection

Coast Guard

Maritime Safety

Protection of the Natural Resources

Prevention Policy and Response Policy Directorates (CG-5P & CG-5R)

Safety:  Eliminate deaths, injuries, and property damage associated with
commercial maritime operations.

Human and Natural Environment:  Eliminate environmental damage
associated with maritime transportation and operations on and around the
nation’s waterways.

2)  Purpose of the information collection.

The majority of the reporting and recordkeeping requirements are those
mandated by the Act.  The regulations simply expand and detail the
requirements of the law.  If this information were not collected, safety
on board commercial fishing industry vessels would be adversely
affected, contradictory to the intent of the Act.  Appendix A describes
each regulation–which provides a clear indication of its purpose–and
the population it targets.

3)  Consideration of the use of improved information technology.

There is no prescribed format for reporting requirements.
Respondent’s submissions may be sent in any formats.  We estimate that
50 % of the submissions are sent electronically.

The recordkeeping requirements for this collection are primarily marking
or posting requirements, such as the marking of “lifesaving
equipment” with the name of the vessel, or the posting of documents
such as “Emergency Instructions” and “Stability Instructions.”
Other documents issued by the Coast Guard or classification societies
are for a variety of regulatory requirements that boarding Coast Guard
officers can then use to check compliance.  Posting of these documents
is not amenable to electronic technology.

General information on commercial fishing vessel safety issues, contact
information for the Coast Guard District Offices and for the Coast
Guard’s regional Commercial Fishing Vessel Safety Coordinators and
Specialists, is now easily accessible on the USCG website at:
HYPERLINK "https://homeport.uscg.mil"  https://homeport.uscg.mil  >
Missions > Domestic Vessels > Uninspected Vessels > Commercial Fishing
Vessels.

4)  Efforts to identify duplication.

To date, no Federal, State or local regulatory program required
equivalent information.

5)  Methods to minimize the burden to small businesses if involved.

The burdens were minimized to the extent considered appropriate when the
regulation was initially implemented.  As many of the requirements were
one-time only requirements, an even smaller number of new small
businesses are affected each year.

6)  Consequences to the Federal program if collection were conducted
less frequently.

The law mandates the specific frequencies of the information collection
requirements of the nondiscretionary items.  From the description below,
it is apparent that reducing the frequency of the collection of these
three items would hinder or degrade the administration of the marine
safety goal it is designed to achieve.

a)  Acceptance letters for safety training courses are valid for five
years, so that it allows the Coast Guard to review the course curricula
every five years to see if the courses are adhering to the regulatory
requirements if there were any changes, and to ensure that the courses
are still using current and acceptable training methods, etc.

b)  Letters of attestation and stability restrictions are required each
time there is a major conversions to an existing fishing vessel 79 feet
or greater, with no load line requirements, that was built after
September 15, 1991.

c)  Exemption letters are required to be submitted to the Coast Guard
whenever a fishing vessel wishes not to comply with a regulation for a
relevant reason.

7)  Special collection circumstances.

This information collection is conducted in manner consistent with the
guidelines in 5 CFR 1320.5(d)(2).

8)  Consultation.

A 60-day Notice will be published in the Federal Register to obtain
public comment on this collection.

9)  Provide any payment or gift to respondents.

There is no offer of monetary or material value for this information
collection.

10)  Describe any assurances of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents
for this information collection.

11)  Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12)  Estimated annual hour and cost burdens to respondents.

The estimated annual number of respondents is 4,729.

The estimated annual number of responses is 4,729.

The estimated annual hour burden is 6,617 hours.

The estimated annual cost burden is $458,439.

The burden to respondents is provided in Appendix B.

Inputs and Assumptions in the Analysis:  The estimated vessel population
is based on data acquired from the Coast Guard’s Marine Information
for Safety and Law Enforcement (MISLE) database.  Wages are obtained
from Coast Guard Reimbursable Standard Rates (COMDTINST 7310.1(series))
and the U.S. Bureau of Labor Statistics, Occupational Employment
Statistics.

Impact by Requirement:  The reporting and recordkeeping requirements are
described in detail below, along with the estimated annual burden hours
and costs.  Appendix B contain detailed hour and cost breakdowns.

(1)  Marking of Lifesaving Equipment (§28.135):  Requires lifesaving
equipment – wearable personal flotation devices (PFDs), immersion or
exposure suits, ring life buoys, life floats, buoyant apparatus,
auxiliary craft, and Emergency Position Indicating Radio Beacons
(EPIRBs) – to be marked with the name of the vessel and as specified
in Table 28.135, in §28.135.  Wearable PFDs must be marked with either
the name of the vessel, the owner of the device, or the individual to
whom it is assigned, and according to the specifications in Table
28.135.  The number of vessels affected by this requirement will be all
new vessels (documented and undocumented).  Since the regulation has
been in place for many years, we assume that existing vessels have
already complied with the requirement -- the requirement is normally
undertaken only once, and is thus a one-time burden.

(2)  Emergency Instructions (§28.265):  Requires all documented
commercial fishing industry vessels to have emergency instructions
“posted in conspicuous locations accessible to the crew”, the
exception being vessels which operate with less than 4 people on board
– these vessels are permitted to have emergency instructions readily
available as an alternative to posting (§28.265(c)).  Furthermore, all
vessels with more than 4 individuals on board are given the option of
keeping readily available a part of the emergency instructions, sections
§28.265(d)(6), (d)(7), (d)(8), and (d)(9), while sections
§28.265(d)(1), (d)(2), (d)(3), (d)(4) and (d)(5) must be posted as
described above.  For our analysis here, we assume (conservatively) that
(A) all documented commercial fishing vessels have more than 4 people on
board, as documented vessels are greater than 5 net tons and are likely
to have more than 4 people on board, and (B) all documented commercial
fishing vessels post all the emergency instructions covered in section
§28.265(d).  Since this is a one-time burden and is a requirement that
has been in place for several years, we assume that only new documented
fishing vessels will be affected.

(3)  Acceptance Letter for Instructors and Course Curricula (§28.275):
Requires that acceptance letters be issued to qualified instructors and
for accepted course curricula.  Additionally, if the qualified
instructors chose to, they could issue certificates of completion for
the required training.

(4)  Letter of Certification for Training in Drills and Safety
Orientation (§28.270):  Each documented fishing vessel is required to
have a qualified person conduct the required training in accordance with
§28.270.  The master or individual in charge of each vessel must ensure
that drills are conducted and instruction is given to each individual on
board at least once each month.  While there is no requirement for the
vessel to have on board certification confirming that the training was
conducted, the collection of information burden here is assessed for the
qualified individuals who must maintain on file a letter of acceptance
or certification of training capacity.

(5)  Letter of Attestation for Stability Evaluation (§28.505):  Under
§28.505, it is the owner’s responsibility to select a qualified
individual to perform tests and calculations to evaluate vessel
stability, and to maintain those test results and calculations developed
in evaluating stability.  This is applicable to commercial fishing
vessels 79 feet or more in length, that are not required to be issued a
load line, and undergo substantial alterations as described in §28.501

(6)  Stability Instructions (§28.530):  Requires each new commercial
fishing vessel and each fishing vessel that undergoes major alterations
(described in §28.500), to be provided with sufficient stability
information in a readily usable form to allow the master or individual
in charge to determine the conditions of loading and operations.
Stability instructions must be developed by a qualified individual, and
must be developed based on the vessel’s individual characteristics.

(7)  Uninspected Fish Processing Vessel Exam (§28.710):  Requires all
uninspected processing vessels in service to be examined every 2 years
for compliance with the regulations.  This examination must be conducted
by the American Bureau of Shipping (ABS), by a similarly qualified
organization, or by a surveyor of an accepted organization. Each
individual conducting the examination, upon finding the vessel in
compliance, must provide a written certification of compliance to the
owner or operator of the vessel.

(8)  Uninspected Fish Processing Vessel Certification of Classification
(§28.720):  Requires that fish processing vessels built after or that
underwent a major conversion completed after July 27, 1990, must be
classed by the ABS or a similarly qualified organization.  The vessel
must have on board a certificate of class issued by the organization
that classed the vessel, and meet all survey and classification
requirements prescribed by that organization.  While the cost of the
certificate is included in the fees collected by the classification
society and is negligible compared to the other costs for
classification, a nominal burden is calculated here for the actual
drafting of the certificate.

(9)  Exemption Letter Requirement (§28.60):  Requires that an exemption
letter be carried on board each vessel that has been granted an
exemption from a part of the regulations.  The Coast Guard estimates
that approximately 0.5 percent of the fishing fleet will request
exemptions annually.

(10)  Citizenship Waiver (§28.910):  Details the process to apply for a
waiver relieving vessel owners or operators of the requirement that no
more than 25% of the total number of unlicensed seamen on a U.S.
documented vessel may be aliens lawfully admitted to the United States
under the Immigration and Nationality Act of 1952.  Over the last two
years, the Coast Guard has received, on average, 13 waiver requests per
year, with the number expected to decline for 2010.

13)  Total annualized capital and start-up costs.

There are no capital, start-up or maintenance costs associated with this
information collection.

14)  Estimates for annualized Federal Government costs.

The estimated annual Federal Government cost is $180,522 (see Appendix
C).

Impact by Requirement:  Several reporting and recordkeeping requirements
are estimated to have an impact on the Federal Government.  Appendix C
contains detailed cost breakdown.

(3)  Acceptance Letter for Instructors and Course Curricula (§28.275):
Requires that acceptance letters be issued to qualified instructors and
for accepted course curricula.  Additionally, if the qualified
instructors chose to, they could issue certificates of completion for
the required training.  The Coast Guard is expected to review and issue
a letter of acceptance (or rejection).

(9)  Exemption Letter Requirement (§28.60):  Requires that an exemption
letter be carried on board each vessel that has been granted an
exemption from a part of the regulations.  The Coast Guard estimates
that approximately 0.5 percent of the fishing fleet will request
exemptions annually.  The Coast Guard is expected to review an
application and draft a response.

(10)  Citizenship Waiver (§28.910):  Details the process to apply for a
waiver relieving vessel owners or operators of the requirement that no
more than 25% of the total number of unlicensed seamen on a U.S.
documented vessel may be aliens lawfully admitted to the United States
under the Immigration and Nationality Act of 1952.  Over the last two
years, the Coast Guard has received, on average, 13 waiver requests per
year, with the number expected to decline for 2010. The Coast Guard is
expected to review each waiver request.

15)  Reasons for the change in burden.

The change in burden is an ADJUSTMENT due to a change (i.e., decrease)
in the estimated annual number of respondents.  There is no proposed
change to the reporting or recordkeeping requirements of this
collection.  The reporting and recordkeeping requirements, and the
methodology for calculating burden, remain unchanged.

16)  Plans for tabulation, statistical analysis and publication.

This information collection will not be published for statistical
purposes.

17)  Approval for not explaining the expiration date for OMB approval.

The Coast Guard will display the expiration date for OMB approval of
this information collection.

18)  Exception to the certification statement.

The Coast Guard does not request an exception to the certification of
this information collection.

B.  Collection of Information Employing Statistical Methods.

This information collection does not employ statistical methods.

1625-0061

 PAGE   1

  PAGE  5  of   NUMPAGES  5


Johnd Bachmann 12/ 15/ 2003 12: 06 PM To: Amy_ L._ Farrell@ omb. eop. gov cc: Jeff Holmstead/ DC/ USEPA/ US@ EPA, Bill Wehrum/ DC/ USEPA/ US@ EPA, Stephanie Daigle/ DC/ USEPA/ US@ EPA, Don Zinger/ DC/ USEPA/ US@ EPA, Peter Tsirigotis/ RTP/ USEPA/ US@ EPA, Lisaa Jones/ DC/ USEPA/ US@ EPA, Sarah Dunham, Sam Napolitano, Lydia Wegman/ RTP/ USEPA/ US@ EPA Subject: Updated master of IAQR  if you haven't printed yet, use this one.

This adds revised sections 10 and 11 to the unified preamble file. The only section not included here is section 6, because the redline version has problems in identifying unchanged paragraphs as changed. We are sending the redline of 6 under separate cover. Ignore sec. 6 in this version.

John Bachmann U. S. EPA C404 04 Research Triangle Park, NC27711 Voice 919 541 5359 Fax 919 541 2464 email Bachmann. JohnD@ epa. gov


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 15, 2002

   NOTICE OF ACTION TAKEN -- DOCKET OST-98-3652

________________________________________________________________________
_________________________________

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

Application of    Polar Air Cargo, Inc.      filed   7/8/2002  for:

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

Scheduled foreign air transportation of property and mail between points
in the United States, and Jeddah, Saudi Arabia, via Ostend, Belgium, and
Shannon, Ireland, and beyond Saudi Arabia to Johannesburg, South Africa;
Harare, Zimbabwe; and Nairobi, Kenya, and to integrate its Saudi Arabia
authority with its existing exemption and certificate authority.  Polar
intends to serve Johannesburg and Nairobi on a blind-sector basis only
until such time as service with full traffic rights is permitted under
the U.S.-Saudi Arabia aviation agreement.

Applicant rep:   Russell E. Pommer<PHONE_NUMBER>    DOT Analyst:
Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  August 15, 2002, through
August 15, 2004

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation relationship
between the United States and Saudi Arabia, and with the aviation
agreements between the United States and Belgium, the United States and
Ireland, the United States and South Africa, and with the overall state
of aviation relations between the United States and Zimbabwe and the
United States and Kenya.

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

	   XX  Standard exemption conditions (attached)

________________________

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

under this exemption shall be consistent with all applicable agreements
between the United States and the foreign countries involved.
Furthermore, (a) nothing in the award of the route integration authority
requested should be construed as conferring upon Polar rights (including
fifth-freedom intermediate and/or beyond rights) to serve markets where
U.S. carrier entry is limited unless Polar notifies the Department of
its intent to serve such a market and unless and until the Department
has completed any necessary carrier selection procedures to determine
which carrier(s) should be authorized to exercise such rights; and

See reverse side

(b) should there be a request by any carrier to use the limited-entry
route rights that are included in Polar’s authority by virtue of the
route integration exemption granted here, but that are not then being
used by Polar, the holding of such authority by route integration will
not be considered as providing any preference for Polar in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

________________________________________________________________________
____________

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

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

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

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

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

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

									APPENDIX

U.S. Carrier

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

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

country served;

	(2) Comply with applicable requirements concerning oversales contained
in 14 CFR 250

(for scheduled operations, if authorized);

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

	(4) Comply with requirements for minimum insurance coverage, and for
certifying

that coverage to the Department, contained in 14 CFR 205;

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

(6) Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all U.S. Government requirements
concerning security; and

	(7) Comply with such other reasonable terms, conditions, and
limitations required by

the public interest as may be prescribed by the Department of
Transportation, with all applicable orders and regulations of other U.S.
agencies and courts, and with all applicable laws of the

United States.

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

 PAGE

 PAGE   2


[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Page 38046]
[FR Doc No: 2012-15497]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2065-000]

Aequitas Energy, Inc.; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Aequitas Energ, Inc.'s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 10, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 20, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-15497 Filed 6-25-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46615-46617]
[FR Doc No: 2015-19133]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75567; File No. SR-BATS-2015-54]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to Delay
Implementation of SR-BATS-2015-51

July 30, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 23, 2015, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') 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 Exchange has designated this proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)(iii) thereunder,\4\
which renders it effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is proposing to delay the implementation date of
recent amendments to Rules 21.1(d)(9), (h) and (i) that modified the
operation of BATS Post Only Orders \5\ subject to the Price Adjust \6\
process on the Exchange's options platform (``BATS Options'').\7\ The
text of the proposed rule change is available at the Exchange's Web
site at www.batstrading.com, at the principal office of the Exchange,
and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \5\ BATS Post Only Orders are orders that are to be ranked and
executed on the Exchange pursuant to Rule 21.8 (Order Display and
Book Processing) or cancelled, as appropriate, without routing away
to another trading center. See Exchange Rule 21.1(d)(9).
    \6\ In sum, under the Price Adjust process, a BATS Post Only
order that locks or crosses a Protected Quotation displayed by the
Exchange upon entry will continue to be ranked and displayed by the
System at one minimum price variation below the current NBO (for
bids) or to one minimum price variation above the current NBB (for
offers). See Exchange Rule 21.1(i).
    \7\ See Securities Exchange Act Release No. 75360 (July 6,
2015), 80 FR 39816 (July 10, 2015) (SR-BATS-2015-51) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change to
Modify the Operation of BATS Post Only Orders Subject to the Price
Adjust Process on the Exchange's Options Platform).
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange is proposing to delay the implementation date of
recent amendments to Rules 21.1(d)(9), (h) and (i) that modified the
operation of BATS Post Only Orders subject to the Price Adjust process
on BATS Options so that they will no longer remove liquidity from the
BATS Options Book \8\ pursuant to Rule 21.1(d)(9) where the value of
price improvement associated with such execution equals or exceeds the
sum of fees charged for such execution and the value of any rebate that
would be provided if the order posted to the BATS Options Book and
subsequently provided liquidity.\9\ The proposed rule change was filed
with the Commission on June 30, 2015 for immediate effectiveness
pursuant to Rule 19b-4(f)(6)(iii) under the Act,\10\ and therefore, is
scheduled to become operative 30 days from the date on which it was
filed. Accordingly, the proposed rule change is scheduled to become
operative on July 30, 2015. The Exchange proposes to delay the
implementation of the proposed rule change and will announce the exact
date via a publicly disseminated trading notice, which will be issued
at least two week prior to the implementation date.
---------------------------------------------------------------------------

    \8\ ``BATS Options Book'' is defined as ``the electronic book of
options orders maintained by the Trading System.'' See Exchange Rule
16.1(a)(9).
    \9\ For a complete description of the proposed rule change, see
supra note 7.
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that it is designed to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest. Delaying the implementation
date will provide the Exchange with additional time to implement and
test the necessary modifications to its System,\13\ thereby promoting
fair and orderly markets, as well as the protection of investors and
the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ The term ``System'' is defined as ``the electronic
communications and trading facility designated by the Board through
which securities orders of Users are consolidated for ranking,
execution and, when applicable, routing away.'' Rule 1.5(aa).
---------------------------------------------------------------------------

(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 Exchange believes that
the proposed delay of the implementation date will not have any impact
on competition.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change. The Exchange has not received any written
comments from members or other interested parties.

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

    The Exchange has designated this rule filing as non-controversial
under Section 19(b)(3)(A) of the Act \14\ and paragraph (f)(6) of Rule
19b-4 thereunder.\15\ The proposed rule change effects a change that
(A) does not significantly affect the protection of investors or the
public interest; (B) does not impose any significant burden on
competition; and (C) by its terms, does not become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest; provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of 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 provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change at least five
business days prior to the date of this filing.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant

to Rule 19b-4(f)(6)(iii), the Commission may designate a shorter time
if such action is consistent with the protection of investors and the
public interest. The Exchange has asked the Commission to waive the 30-
day operative delay so that BATS may implement the proposed rule change
immediately. The Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest as it will immediately notify members that the currently
scheduled operative date for recent amendments to BATS Post Only Orders
has changed from July 30, 2015.\17\ Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposed rule
change to be operative upon filing with the Commission.\18\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ See supra note 7.
    \18\ For purposes only of waiving the operative delay for this
proposal, the Commission has 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 may summarily temporarily suspend such rule
change if it appears to the Commission that such action is: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2015-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2015-54. 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 also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-BATS-2015-54,
and should be submitted on or before August 26, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2015-19133 Filed 8-4-15; 8:45 am]
 BILLING CODE 8011-01-P


"King, Heidi R."<EMAIL_ADDRESS> 01/08/2008 05:03 PM

To

Ron Evans/RTP/USEPA/US@EPA

cc

Subject

RE: your calls

Yes - and I've been known to cry when I get stood up

Don't make OMB cry :-(

Thanks Ron,

heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Tuesday, January 08, 2008 5:01 PM

To: King, Heidi R.

Subject: your calls

Honestly, I have not been ignoring your calls....................lol

We can chat tomorrow about the Friday discussion and the other topics,

does 11:00  work for you?


[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Page 11084]
[FR Doc No: 2019-05603]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14959-000]

Renewable Energy Aggregators; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On January 10, 2019, Renewable Energy Aggregators filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Bechtelsville Pumped Storage Hydro Project to be located in
Bechtelsville Borough and Colebrookdale Township in Berks County,
Pennsylvania. The sole purpose of a preliminary permit, if issued, is
to grant the permit holder priority to file a license application
during the permit term. A preliminary permit does not authorize the
permit holder to perform any land-disturbing activities or otherwise
enter upon lands or waters owned by others without the owners' express
permission.
    The proposed project would consist of the following: (1) A new
upper reservoir with a surface area of 39 acres and a storage capacity
of 584.96 acre-feet at a surface elevation of approximately 696 feet
above mean sea level (msl) created through construction of a new
roller-compacted concrete or rock-fill dam; (2) a new lower reservoir
with a surface area of 18.7 acres and a storage capacity of 1,121.92
acre-feet at a surface elevation of 243 feet msl; (3) a new 1,957-foot-
long, 4-foot-diameter penstock connecting the upper and lower
reservoirs; (4) a new 150-foot-long, 50-foot-wide, 25-foot-high
powerhouse containing as many as two turbine-generator units with a
total rated capacity of 20 megawatts; (5) a new transmission line
connecting the powerhouse to a nearby electric grid interconnection
point with options to evaluate multiple grid interconnection locations;
and (6) appurtenant facilities. The proposed project would have an
annual generation of 88,110.14 megawatt-hours.
    Applicant Contact: Adam Rousselle II, Renewable Energy Aggregators,
5710 Oak Crest Drive, Doylestown, PA 18902; phone:<PHONE_NUMBER>.
    FERC Contact: Woohee Choi; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14959-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14959) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 19, 2019.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-05603 Filed 3-22-19; 8:45 am]
 BILLING CODE 6717-01-P


July 12, 2017
TO:   FILE
FROM: GEORGE FAISON
SUBJECT:  MEETING WITH ASSOCIATION OF AMERICAN RAILROADS, UNION PACIFIC RAILROAD
EPA ATTENDEES: PATRICK DAVIS, BARNES JOHNSON, JESSICA YOUNG, GEORGE FAISON, RICHARD MATTICK, BECKY BROOKS
INDUSTRY:  ROBERT FRONCZAK, ALICE KOETHE, BRET MANLEY (AAR) PRINCE BOLIN (UP)

The purpose of the meeting was for the industry representatives to discuss issues regarding the combustion of creosote treated railroad ties (CTRT) and specifically:
 The Non-Hazardous Secondary Material rule design to burn standards for CTRT regarding fuel oil.
 The discussion that CTRT are stored for greater than one year thus the material is considered discarded.
 Lack of facility options for combustion of CTRT.
The industry group indicated that copper naphthenate and copper naphthenate-borate railroad ties are less suitable for use as railroad ties then creosote treated ties.
The industry group agreed to submit a letter to Mr. Davis outlining their issues and possible solutions.


[Federal Register: January 16, 2007 (Volume 72, Number 9)]
[
Notices]
[Page 1708-1709]
[DOCID:fr16ja07-28]

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

DEPARTMENT OF DEFENSE

DEPARTMENT OF ENERGY

ENVIRONMENTAL PROTECTION AGENCY

[Docket No. EPA-HQ-OAR-2006-0957]

NUCLEAR REGULATORY COMMISSION

®MDBU¯*ERR01*®MDNM¯Multi-Agency Radiation Survey and Assessment
of Materials and Equipment Manual

AGENCY: Department of Defense, Department of Energy, Environmental
Protection Agency, and the Nuclear Regulatory Commission.

ACTION: Notice of availability with request for public comment.

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

SUMMARY: The Department of Defense (DoD), Department of Energy (DOE),
U.S. Environmental Protection Agency (EPA), and the U.S. Nuclear
Regulatory Commission (NRC) are announcing for public comment the
availability of a draft document, entitled the ``Multi-Agency Radiation
Survey and Assessment of Materials and Equipment Manual'' (MARSAME).
MARSAME provides information on planning, conducting, evaluating, and
documenting radiological surveys for demonstrating compliance with
measurable action levels. MARSAME, when finalized, will be a multi-
agency consensus document. The agencies are seeking public comment in
order to receive feedback from the widest range of interested parties
and to ensure that all information relevant to developing the document
is received. The agencies will review public comments received on the
draft MARSAME as well as comments from a concurrent, independent,
scientific peer review. Suggested changes will be incorporated, where
appropriate, in response to those comments.

DATES: The comment period closes on April 16, 2007. Comments received
after that date will be considered if it is practical to do so, but no
assurance can be given for consideration of late comments.

ADDRESSES: Submit your comments by one of the methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     http://www.marsame.org: Follow the on-line instructions

for submitting comments.
     Mail: Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, Mail Code 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460 or Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
     Hand Delivery: Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements must be made for deliveries of boxed information.
    Copies of all comments received by one agency will be periodically
copied and sent to the others. Copies of the draft MARSAME and all
comments received may be examined or copied for a fee electronically in
http://www.regulations.gov, or in hard copy at the HQ EPA Docket Public

Reading Room, U.S. Environmental Protection Agency, Room 3334, Docket
ID No. EPA-HQ-OAR-2006-0957, 1301 Constitution Ave., NW., Washington,
DC 20460, and the NRC Public Document Room, 11555 Rockville Pike,
Rockville, Maryland 20852-2747. The HQ EPA Docket Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the EPA HQ Docket Public
Reading Room is<PHONE_NUMBER>. DOE, EPA, and NRC each have a
publication number for MARSAME. They are: for DOE, DOE/EH-707; for EPA,
EPA 402-R-06-002; for NRC, NUREG-1575, Sup. 1. A free single copy of
the draft MARSAME may be requested by writing to: the Distribution and
Mail Services Section, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001 or by fax to<PHONE_NUMBER>. The document is also
available through the Internet at: http://www.epa.gov/radiation/
marssim
.

    Instructions for Using the EPA Docket: Direct your comments to
Docket ID No. EPA-HQ-OAR-2006-0957. EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov. The www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.
    If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. All documents in the
docket are listed in the http://www.regulations.gov index. Although listed in

the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy.
    Instructions for Using the MARSAME comment Web site: Alternatively,
you may submit a comment via the http://www.marsame.org comment system

without going through http://www.regulations.gov. Users of the MARSAME comment

Web site will be asked for their name and e-mail address, and then will
receive a username and password at the e-mail address that was
submitted. User's names and e-mail address will not appear in any
public document or database.

FOR FURTHER INFORMATION CONTACT: Any of the following points of contact
for each agency for technical information (See ADDRESSES section above
for directions on obtaining a copy of the draft MARSAME.): DoD: Steven
Doremus, Phone:<PHONE_NUMBER>, U.S. Navy, NAVSEADET RASO, NWS, PO
Drawer 260, Yorktown, VA 23691-0260; DOE: W. Alexander Williams, Phone:
(301) 903-8149, U.S. Department of Energy (EM-23), 1000 Independence
Avenue, SW., Washington, DC 20585; EPA: Kathryn Snead; Phone: (202)
343-9228, U.S. Environmental Protection Agency, Mail Stop 6608J, 1200
Pennsylvania Avenue, NW., Washington, DC 20460-1000; NRC: Robert A.
Meck, Phone:<PHONE_NUMBER>, U.S. Nuclear Regulatory Commission, Mail
Stop T9-C39, Washington, DC 20555-0001. Questions concerning the multi-
agency document development

project should be addressed to CAPT Colleen Petullo, U.S. Environmental
Protection Agency/U.S. Public Health Service, OSWER/ERT, PO Box 93478,
Las Vegas, NV 89193-3478,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: MARSAME provides information on planning,
conducting, evaluating, and documenting environmental radiological
surveys for demonstrating compliance with measurable action levels
applied to materials and equipment. MARSAME, when finalized, will be a
multi-agency consensus document and a supplement to the Multi-Agency
Radiation Survey and Site Investigation Manual (MARSSIM).
    MARSAME was developed collaboratively over the past five years by
the technical staffs of the four Federal agencies having authority for
control of radioactive materials: DoD, DOE, EPA, and NRC (60 FR 12555;
March 7, 1995). For a time, staff from the Department of Homeland
Security participated in the development of MARSAME. Contractors to the
DOE, EPA, and NRC, and members of the public have been present during
the open meetings of the MARSAME work group. MARSAME's objective is to
describe standardized and consistent approaches for surveys, which
provide a high degree of assurance that established action levels can
be measured and an appropriate disposition of materials or equipment
can be technically defended. The techniques, methodologies, and
philosophies that form the bases of this manual were developed to be
consistent with current Federal limits, guidelines, and procedures.
    Although Federal agency personnel are involved in the preparation
of this document, the manual does not represent the official position
of any participating agency at this time. An earlier draft of the
document has been reviewed within the Federal agencies. Comments were
received and comments from the review that reflected a technical error
or flaw in logic or information flow were addressed. The other comments
from the Federal agencies will be addressed along with the public
comments. The public review is a necessary step in the development of a
final multi-agency consensus document. The document will also receive
formal technical peer review. The draft has not been approved by the
participating agencies for use in part or in whole and should not be
used, cited, or quoted except for the purposes of providing comments as
requested.
    Reviewers are requested to focus on technical accuracy, and
understandability. Reviewers are also requested to address five
questions while reviewing MARSAME:
    (1) Does MARSAME provide a practical and implementable approach to
performing radiation measurements of materials and equipment? Are there
any major drawbacks to the proposed methods?
    (2) Is MARSAME technically accurate?
    (3) Does MARSAME provide benefits that are not available using
current methods? What is the value of MARSAME in comparison with other
currently available alternatives?
    (4) What are the costs associated with MARSAME in comparison with
other currently available alternatives?
    (5) Is the information in MARSAME understandable and presented in a
logical sequence? How can the presentation of material be modified to
improve the understandability of the manual?
    Comments may be submitted as proposed modified text, or as a
discussion. Comments should be accompanied by supporting bases,
rationale, or data. To ensure efficient and complete comment
resolution, commenters are requested to reference the page number and
the line number of MARSAME to which the comment applies. Enter only the
beginning page and line number, even if your comment applies to a
number of pages or lines to follow.
    Comments corresponding to an entire chapter, an entire section, or
an entire table should be referenced to the line number for the title
of the chapter (always line number 1), section, or table. Comments on
footnotes should be referenced to the line in the main text where the
footnote is indicated. Comments on figures should be referenced to the
page on which the figure appears. Figures do not have line numbers. The
figure number should be included in the text of the comment. Comments
on the entire manual should be referenced to the title page.
    Title: Draft Multi-Agency Radiation Survey and Assessment of
Materials and Equipment Manual.

    For the Department of Defense, dated this 19th day of December,
2006.
Alex Beehler,
Assistant Deputy Under Secretary of Defense (Environment, Safety and
Occupational Health).

    For the U.S. Department of Energy, dated this 1st day of January
2007.
Andrew C. Lawrence,
Director, Office of Nuclear Safety and Environment, Office of Health,
Safety and Security.

    For the U.S. Environmental Protection Agency, dated this 19th
day of December 2006.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.

    For the U.S. Nuclear Regulatory Commission, dated this 28th day
of December 2006.
James T. Wiggins,
Acting Director, Office of Nuclear Regulatory Research.
[FR Doc. 07-118 Filed 1-12-07; 8:45 am]

BILLING CODE 7590-01-P


[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Notices]
[Page 45670-45671]
[DOCID:fr03se09-89]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258; FMCSA-2001-9561; FMCSA-2003-15268; FMCSA-
2007-27333]

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 20 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on August 17, 2009.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 20 renewal applications, FMCSA renews the Federal
vision exemptions for Morris R. Beebe, II, James A. Busbin, Jr.,
Domenic J. Carassai, Fred W. Duran, Bruce E. Hemmer, Steven P. Holden,
Russell R. Inlow, Christopher G. Jarvela, Donald L. Jensen, Darrell D.
Kropf, Brad L. Mathna, Vincent P. Miller, Warren J. Nyland, Dennis M.
Prevas, Greg L. Riles, Robert N. Taylor, Calvin D. Tomlinson, Wesley E.
Turner, Mona J. VanKrieken, and Paul S. Yocum.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: August 27, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-21196 Filed 9-2-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: January 3, 2007 (Volume 72, Number 1)]
[Rules and Regulations]
[Page 23-26]
[DOCID:fr03ja07-10]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-TN-0009, EPA-R04-OAR-2006-0471, EPA-R04-OAR-2006-
0532, 2006014(a); FRL-8265-8]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the
Tennessee State Implementation Plan (SIP) submitted by the State of
Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), on December 21, 1999, March 15, 2000, and January
12, 2001. The revisions pertain to the Knox County portion of the
Tennessee SIP and include changes to the Knox County Air Quality
Regulations (KCAQR) Section 13.0--``Definitions'' and Section 22.0--
``Regulation of Fugitive Dust and Materials.'' These revisions are part
of Knox County's strategy to attain and maintain the national ambient
air quality standards (NAAQS), and are considered by the TDEC to be at
least as stringent as the State's requirements. This action is being
taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective March 5, 2007 without
further notice, unless EPA receives adverse comment by February 2,
2007. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R04-
OAR-2005-TN-0009, EPA-R04-OAR-2006-0471, and EPA-R04-OAR-2006-0532, by
one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2005-TN-0009,'' ``EPA-R04-OAR-2006-0471,''
or ``EPA-R04-OAR-2006-0532,'' Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Dr. Egide Louis, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2005-

TN-0009; EPA-R04-OAR-2006-0471, or EPA-R04-OAR-2006-0532. EPA's policy
is that all comments received will be included in the public docket
without change and may be made available online at http://www.regulations.gov
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through http://www.regulations.gov

or e-mail, information that you consider to be CBI or otherwise
protected. The http://www.regulations.gov Web site is an ``anonymous

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

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

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Regulatory Development

Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Dr. Louis can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Analysis of State Submittals

    On December 21, 1999, March 16, 2000, and January 12, 2001, the
State of Tennessee, through TDEC, submitted proposed revisions to the
Tennessee SIP. The revisions pertain to the Knox County portion of the
Tennessee SIP and include changes to KCAQR Section 13.0--
``Definitions'' and Section 22.0--``Regulation of Fugitive Dust and
Materials.'' These revisions were initially submitted for review to
TDEC, which found them to be at least as stringent as the State's
requirements. TDEC then prepared the SIP submittal for EPA review. The
rule changes described in each submittal became State effective on
December 7, 1999, March 8, 2000, and January 10, 2001, respectively.
The rule changes are part of Knox County's strategy to attain and
maintain the NAAQS, and are approvable into the Tennessee SIP pursuant
to section 110 of the CAA.
    The December 21, 1999, and March 16, 2000, SIP submittals included
changes to KCAQR Section 13.0--``Definitions.'' The December 21, 1999,
submittal included a change to KCAQR Section 13.1 to clarify existing
definitions and add a more complete list of definitions. EPA reviewed
these general definitions with regard to consistency with the current
Tennessee SIP and federal law, generally. These definitions are
substantially the same as those in the current Tennessee SIP, and as a
result, they are at least as stringent as the Tennessee definitions
already included in the SIP. Furthermore, the definitions are at least
as stringent as general federal definitions. Section 13.0 is a general
definitions section only; different programs described in the Knox
County rules, such as the prevention of significant deterioration
program, may include more specific definitions applicable to that
program. The changes being approved today are summarized below:
1. Knox County added definitions for the following terms: calendar
quarter, excess emissions, fuel burning equipment, garbage, national
emission standards for hazardous air pollutants, point source,
reasonably available control technology, shutdown, and startup.
2. Knox County moved definitions for the terms PM10,
PM10 emissions, and total suspended solids from the
``Abbreviations'' section to the ``Definitions'' section, within
Section 13.0.
3. Knox County changed the definition for the term existing source to
adopt the language in the Tennessee Administrative Code Chapter 1200-3-
2-.01--``Definitions.''
4. Knox County changed the definition for the term non-process
emissions by omitting the reference to Section 13.40. Section 13.40 was
deleted as a result of the reformatting and change in the numbering
system of Section 13.0, which is discussed below.
5. Knox County reformatted Section 13.0 to include a definitions part
and an abbreviations part. Knox County also changed the numbering
system of Section 13.0 to accommodate both the definitions and
abbreviations.

    The March 16, 2000, SIP submittal included additional changes to
KCAQR Section 13.0. Specifically, Knox County revised the definition of
``PM10 Emissions'' to exclude uncombined water. This change
was made in response to EPA comments described in a letter to the Knox
County Department of Air Quality Management on October 13, 1999. In
this letter, which is included in the Docket for this action, EPA
commented that for Knox County's definition to be consistent with the
definition contained in 40 CFR 51.100, the PM10 emissions
definition should not include ``uncombined water.''
    The March 16, 2000, SIP submittal also included changes to KCAQR
Section 16.0--``Open Burning'' and Section 25.0--``Permits.'' EPA is
not discussing those changes at this time. EPA will address those
changes in a separate action described in a separate Federal Register
notice.
    The January 12, 2001, SIP submittal included changes to KCAQR
Section 22.0--``Regulation of Fugitive Dust and Materials.''
Specifically, the changes added the ``paving of roadways'' as a new
activity for which reasonable precautions have to be taken to prevent
particulate matter from becoming airborne. The list of activities for
which reasonable precautions must be taken to control particulate
matter now includes both the paving of roadways and the maintenance of
roadways (which was moved from Section 22.1.E to 22.1.H).

II. Final Action

    EPA is taking direct final action to approve the above-described
revisions to the Tennessee SIP, to incorporate changes made by Knox
County to KCAQR Sections 13.0--``Definitions,'' and 22.0--``Regulation
of Fugitive Dust and Materials.'' EPA is publishing this rule without
prior proposal because the Agency views this as a noncontroversial
submittal and anticipates no adverse comments. However, in the proposed
rules section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be submitted. This rule will be
effective March 5, 2007 without further notice unless the Agency
receives adverse comments by February 2, 2007.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will be addressed in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on March 5, 2007 and no
further action will be taken on the proposed rule. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
the rules discussed herein, and if that provision may be severed from
the remainder of the rules, we may adopt as final those provisions of
the rules that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves state law as
meeting a Federal standard. As a result, it does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rule also is not subject to Executive
Order 13045, ``Protection of Children from Environmental Health Risks
and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not
economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 5, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Carbon monoxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: December 20, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart RR--Tennessee

0
2. Section 52.2220(c) is amended by revising entries in Table 3 of the
Knox County portion of the Tennessee State Implementation Plan, for
``Section 16.0'' and ``Section 22.0,'' to read as follows:

Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                 Table 3.--EPA Approved Knox County, Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
13.0.............................  Definitions.........     03/08/00  01/03/07............
                                                                      [Insert citation of
                                                                       publication].

                                                  * * * * * * *
22.0.............................  Regulation of             1/10/01  01/03/07............
                                    Fugitive Dust and                 [Insert citation of
                                    Materials.                         publication].

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

* * * * *
[FR Doc. E6-22482 Filed 12-29-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Rules and Regulations]
[Page 42176]
[FR Doc No: 2012-17411]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 249

[Release No. 34-66020A; File No. S7-19-10]
RIN 3235-AK69

Technical Amendment to Rules for the Temporary Registration of
Municipal Advisors

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendment.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
making a technical amendment to rules under the Securities Exchange Act
of 1934 (``Exchange Act'') to correct an inadvertent error. On December
21, 2011, the Commission extended the expiration date for the temporary
municipal advisor registration regime to September 30, 2012. In the
release extending the expiration date, the Commission inadvertently
omitted a reference to Subpart N, which resulted in the deletion of
Subpart N from the Code of Federal Regulations. With this technical
amendment, the Commission is correcting the omission and adding back
Subpart N to the Code of Federal Regulations.

DATES: Effective Date: July 18, 2012.

FOR FURTHER INFORMATION CONTACT: Yue Ding, Attorney-Adviser, Office of
Market Supervision, at<PHONE_NUMBER>, Division of Trading and Markets,
Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: On September 1, 2010, the Commission adopted
interim final temporary Rule 15Ba2-6T under the Exchange Act (``Rule
15Ba2-6T''),\1\ which provides for the temporary registration of
municipal advisors under the Exchange Act, as amended by the Dodd-Frank
Wall Street Reform and Consumer Protection Act.\2\ The Commission also
adopted Subpart N (Forms for Registration of Municipal Advisors), which
consisted of 17 CFR 249.1300T (Form MA-T--For temporary registration as
a municipal advisor, and for amendments to, and withdrawals from,
temporary registration). On December 21, 2011, the Commission adopted
an amendment to Rule 15Ba2-6T, which extended the date on which Rule
15Ba2-6T (and consequently Form MA-T) will sunset from December 31,
2011, to September 30, 2012.\3\ The Commission did not make any other
amendments to Rule 15Ba2-6T or Form MA-T. In the release extending the
expiration date, the Commission inadvertently omitted the reference to
Subpart N and 17 CFR 249.1300T in the ``Statutory Authority and Text of
Rule and Amendments'' section. As such, Subpart N, which consists of 17
CFR 249.1300T, was deleted from the Code of Federal Regulations. The
Commission is making this technical amendment to restore Subpart N and
249.1300T to Title 17 of the Code of Federal Regulations.
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    \1\ 17 CFR 240.15Ba2-6T.
    \2\ See Securities Exchange Act Release No. 62824 (September 1,
2010), 75 FR 54465 (September 8, 2010).
    \3\ See Securities Exchange Act Release No. 66020 (December 21,
2011), 76 FR 80733 (December 27, 2011).
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List of Subjects in 17 CFR Part 249

    Reporting and recordkeeping requirements, Municipal advisors,
Temporary registration requirements.

    For the reasons set out above, Title 17, Chapter II, of the Code of
Federal Regulations is amended as follows:

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
1. The authority citation for part 249 continues to read in part as
follows:

    Authority:  15 U.S.C. 78a et seq. and 7201 et seq.; and 18
U.S.C. 1350, unless otherwise noted.
* * * * *

0
2. Subpart N, consisting of Sec.  249.1300T, is added to read as
follows:

Subpart N--Forms for Registration of Municipal Advisors

Sec.  249.1300T  Form MA-T--For temporary registration as a municipal
advisor, and for amendments to, and withdrawals from, temporary
registration.

    The form shall be used for temporary registration as a municipal
advisor, and for amendments to, and withdrawals from, temporary
registration pursuant to Section 15B of the Exchange Act, (15 U.S.C.
78o-4).

    Note:  The text of Form MA-T does not, and the amendments will
not, appear in the Code of Federal Regulations.

    Dated: July 12, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-17411 Filed 7-17-12; 8:45 am]
BILLING CODE 8011-01-P