[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67282-67285]
[FR Doc No: 2020-22128]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0095; FRL-10014-96-Region 4]

Air Plan Approval; Kentucky: Revisions to Jefferson County VOC
Definition

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision to the Jefferson County portion of
the Kentucky SIP, submitted by the Commonwealth of Kentucky
(Commonwealth), through the Energy and Environment Cabinet (Cabinet) on
September 5, 2019. The revision was submitted by the Cabinet on behalf
of

the Louisville Metro Air Pollution Control District (LMAPCD) and makes
changes to the definition of ``Volatile Organic Compound'' (VOC). EPA
is approving the changes amending the definition of VOC because the
Commonwealth has demonstrated that the changes are consistent with the
Clean Air Act (CAA or Act).

DATES: This rule is effective November 23, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0095. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials can either
be retrieved electronically through www.regulations.gov or in hard copy
at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
EPA and state governments implement rules to limit the amount of
certain VOC and NOX that can be released into the
atmosphere. VOC have different levels of reactivity; they do not react
at the same speed or do not form ozone to the same extent. Section
302(s) of the CAA specifies that EPA has the authority to define the
meaning of ``VOC,'' and hence, what compounds shall be treated as VOC
for regulatory purposes.
    EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. It is EPA's policy that compounds of carbon with negligible
reactivity be excluded from the regulatory definition of VOC. See 42 FR
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these
compounds in its regulations at 40 CFR 51.100(s) and excludes them from
the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add or delete compounds.

II. Analysis of Commonwealth's Submission

    EPA is approving the Commonwealth's SIP revision which amends the
definition of ``Volatile Organic Compound (VOC)'' at section 1.84 in
LMAPCD Regulation 1.02, Definitions.\1\ This SIP revision removes an
enumerated list of negligibly reactive compounds and incorporates by
reference the list of negligibly reactive compounds in the definition
of VOC at 40 CFR 51.100(s)(1) as of July 1, 2018, into a new subsection
1.84.1 to ensure that the definition of VOC for the Jefferson County
portion of the Commonwealth's SIP is consistent with the most recent
version of the federal definition.\2\ As a result of this incorporation
by reference, the SIP revision adds exclusions to the definition of VOC
that were not previously in the Jefferson County portion of the
Commonwealth's SIP.
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    \1\ On September 5, 2019, the Commonwealth submitted other SIP
revisions which will be addressed in separate actions.
    \2\ EPA approved revisions to the Jefferson County portion of
the Kentucky SIP on July 25, 2019. See 84 FR 35828.
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    This incorporation by reference has the effect of adding the
following compounds to the list of negligibly reactive compounds:
Trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-
134); HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2H (HFE-338pcc13);
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z). These
compounds are excluded from the VOC definition on the basis that each
of these compounds make a negligible contribution to tropospheric ozone
formation. EPA approves the changes to the SIP will not interfere with
attainment or maintenance of any national ambient air quality standard,
reasonable further progress, or any other applicable requirement of the
CAA, consistent with CAA section 110(l), because EPA has found the
chemicals listed in 40 CFR 51.100(s)(1) to be negligibly reactive. This
SIP revision also adds a new subsection 1.84.2 that includes
instructions on how to access copies of the Code of Federal Regulations
(CFR).
    In a notice of proposed rulemaking (NPRM) published on July 6, 2020
(85 FR 40158), EPA proposed to approve the Commonwealth's September 5,
2019, SIP submission. The July 6, 2020, NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the July 6, 2020, NPRM were due on or before August 5, 2020. EPA
received two non-adverse comments on July 22, 2020, and August 5, 2020.
EPA has determined that these comments were irrelevant to the subject
of the July 6, 2020, NPRM. These comments are publicly available at the
EPA docket for this action under Docket Identification No. EPA-R04-OAR-
2020-0095.

III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference LMAPCD
Regulation 1.02, Definitions, version 15, state-effective June 19,
2019, which makes changes to the definition of Volatile Organic
Compound by referencing the Federal list of negligibly reactive
compounds and including instructions on how to access the CFR. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 4 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).

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IV. Final Action

    EPA is approving Kentucky's September 5, 2019, SIP submission,
which revises the definition of ``Volatile Organic Compound (VOC)'' at
subsection 1.84.1 in LMAPCD Regulation 1.02, Definitions, by adding:
Trans-1,3,3,3-tetrafluoropropene; HCF2OCF2H (HFE-
134); HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2H (HFE-338pcc13);
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans 1-chloro-
3,3,3-trifluoroprop-1-ene; 2,3,3,3-tetrafluoropropene; 2-amino-2-
methyl-1-propanol; 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane; cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z) to the list
of organic compounds having negligible photochemical reactivity. EPA is
also finalizing the addition of a new subsection 1.84.2 that includes
instructions on how to access copies of the CFR.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). Under section 307(b)(1) of the CAA, petitions for judicial
review of this action must be filed in the United States Court of
Appeals for the appropriate circuit by December 21, 2020. 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) of the
CAA.

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 30, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the 40 CFR part 52 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 S--Kentucky

0
2. Section 52.920(c), Table 2, is amended under ``Reg 1--General
Provisions'' by revising the entry for ``1.02'' to read as follows:

Sec.  52.920   Identification of plan.

* * * * *
    (c) * * *

                         Table 2--EPA-Approved Jefferson County Regulations for Kentucky
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                                                  EPA approval       Federal         District
             Reg                 Title/subject        date       Register notice  effective date    Explanation
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                                            Reg 1--General Provisions

                                                  * * * * * * *
1.02.........................  Definitions.....      10/22/2020  [Insert               6/19/2019
                                                                  citation of
                                                                  publication].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2020-22128 Filed 10-21-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Page 9330]
[FR Doc No: 2021-02896]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-1365-003.
    Applicants: Morris Cogeneration, LLC.
    Description: Compliance filing: Informational Filing Pursuant to
Schedule 2 to be effective N/A.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5057.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER15-704-019.
    Applicants: Pacific Gas and Electric Company.
    Description: Compliance filing: CCSF WDT Compliance Filing (Feb
2021) to be effective 7/23/2015.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5114.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER15-704-020.
    Applicants: Pacific Gas and Electric Company.
    Description: Compliance filing: CCSF Compliance filing WDT IA (SA
275) (Feb 2021) to be effective 7/1/2015.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5122.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER19-2916-003
    Applicants: Calpine Mid-Merit II, LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Compliance Filing to be effective 11/1/2019.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5121.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER21-645-000.
    Applicants: TransWest Express LLC.
    Description: Amendment to January 15, 2021 TransWest Express LLC
Application for Authorization to sell transmission service rights at
negotiated rates.
    Filed Date: 2/5/21.
    Accession Number: 20210205-5181.
    Comments Due: 5 p.m. ET 2/12/21.

    Docket Numbers: ER21-1067-000.
    Applicants: Appalachian Power Company.
    Description: Sec.  205(d) Rate Filing: OATT--Revise Attachment K,
AEP Texas Inc. Rate Update to be effective 12/31/9998.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5087.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER21-1068-000.
    Applicants: American Electric Power Service Corporation, Ohio Power
Company, AEP Ohio Transmission Company, Inc., PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) Rate Filing: AEP submits Scioto Ridge
Facilities Agreement with SA No. 1336 to be effective 4/10/2021.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5109.
    Comments Due: 5 p.m. ET 3/1/21.

    Docket Numbers: ER21-1069-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 5670; Queue No. AE2-151 to be effective 2/27/2021.
    Filed Date: 2/8/21.
    Accession Number: 20210208-5125.
    Comments Due: 5 p.m. ET 3/1/21.

    Take notice that the Commission received the following foreign
utility company status filings:

    Docket Numbers: FC21-2-000.
    Applicants: I Squared Capital.
    Description: Self-Certification of FC of I Squared Capital.
    Filed Date: 2/3/21.
    Accession Number: 20210203-5169.
    Comments Due: 5 p.m. ET 2/24/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 8, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-02896 Filed 2-11-21; 8:45 am]
BILLING CODE 6717-01-P


Comment Info: =================

General Comment:Once-a-day Concerta methylphenidate versus three-times-daily methylphenidate in laboratory and natural settings.


Final Rule..........................   01/00/13
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC39
BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

362. +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would establish effective procedures that
hazardous liquid operators can use to improve the protection of High
Consequence Areas (HCA) and other vulnerable areas along their
hazardous liquid onshore pipelines. PHMSA is considering whether
changes are needed to the existing regulations covering hazardous
liquid onshore pipelines, whether other areas should be included as
HCAs for integrity management (IM) protections, what the repair
timeframes should be for areas outside the HCAs that are assessed as
part of the IM program, whether leak detection standards are necessary,
valve spacing requirements are needed on new construction or existing
pipelines, and PHMSA should extend regulation to certain pipelines
currently exempt from regulation. The agency would also address the
public safety and environmental aspects any new requirements, as well
as the cost implications and regulatory burden.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
ANPRM Comment Period End............   01/18/11
ANPRM Comment Period Extended.......   01/04/11  76 FR 303
ANPRM Extended Comment Period End...   02/18/11
NPRM................................   04/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE66

363.  Pipeline Safety: Miscellaneous Amendments Related to
Reauthorization and Petitions for Rulemaking (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking will address miscellaneous issues that
have been raised because of the reauthorization of the pipeline safety
program in 2012 and petitions for rulemaking from many affected
stakeholders. Some of the issues that this rulemaking would address
include, renewal process for special permits, cost recovery for design
reviews and incident reporting.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE94

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

364. +Hazardous Materials: Revisions to Requirements for the
Transportation of Lithium Batteries

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would amend the Hazardous Materials
Regulations to comprehensively address the safe transportation of
lithium cells and batteries. The intent of the rulemaking is to
strengthen the current regulatory framework by imposing more effective
safeguards, including design testing to address risks related to
internal short circuits, and enhanced packaging, hazard communication,
and operational measures for various types and sizes of lithium
batteries in specific transportation contexts. The rulemaking would
respond to several recommendations issued by the National
Transportation Safety Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/11/10  75 FR 1302
NPRM Comment Period End.............   03/12/10
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kevin Leary, Transportation Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE44

365. Hazardous Materials: Miscellaneous Amendments (RRR) (Section 610
Review)

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would update and clarify existing
requirements by incorporating changes into the Hazardous Materials
Regulations (HMR) based on PHMSA's own initiatives through an extensive
review of the HMR and previously issued letters of interpretation.
Specifically, among other provisions, PHMSA would provide for the
continued use of approvals until final administrative action is taken,
when a correct and completed application for approval renewal was
received 60 days prior to expiration date; update various entries in
the hazardous materials table and the corresponding special provisions;
clarify the lab pack requirements for temperature controlled materials;
correct an error in the HMR with regard to the inspection of cargo tank
motor vehicles containing corrosive materials; and revise the training
requirements to require that hazardous materials employers ensure their
hazardous materials employee training records are available upon
request to an authorized official of the Department of Transportation
or the Department of Homeland Security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/26/12  77 FR 24885
NPRM Comment Period End.............   06/25/12
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Robert Benedict, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2137-AE78
BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Long-Term Actions

366. +Regulations To Be Followed by All Departments, Agencies and
Shippers Having Responsibility To Provide a Preference for U.S.-Flag
Vessels in the Shipment of Cargoes on Ocean Vessels (RRR)

    Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C.
1241; 46 U.S.C. 2302(e)(1); Pub. L. 91-469
    Abstract: This rulemaking would revise and clarify the Cargo
Preference rules that have not been revised substantially since 1971.
Revisions would include an updated purpose and definitions section
along with the removal of obsolete provisions. This rulemaking also
would establish a new Part 383 to implement the Cargo Preference
regulations. This rulemaking would cover Public Law 110-417, section
3511, National Defense Authorization Act for FY2009 changes to the
cargo preference rules. The rulemaking also would include compromise,
assessment, mitigation, settlement, and collection of civil penalties.
Originally the agency had two separate rulemakings in process under RIN
2133-AB74 and 2133-AB75. RIN 2133-AB74 would have revised existing
regulations and RIN 2133-AB75 would have established a new part 383:
Guidance and Civil Penalties and implement Public Law 110-417, section
3511, National Defense Authorization Act for FY 2009. MARAD has decided
it would be more efficient to merge both efforts under one; RIN 2133-
AB75 has been merged with this action.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christine Gurland, Department of Transportation,
Maritime Administration, 1200 New Jersey Ave SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2133-AB74

[FR Doc. 2013-00597 Filed 1-14-13; 8:45 am]
BILLING CODE 4910-81-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES July 23, 2003 SUBJECT: Technical Release of EPA's Risk Screening Environmental Indicators ( RSEI)  Version 2.1 Dear RSEI User:

EPA is pleased to send you the newest version of the Risk Screening Environmental Indicators ( RSEI) Version 2.1. The Office of Pollution Prevention and Toxics ( OPPT) has acted upon comments received from the first and second beta tests of the revised RSEI Chronic Human Health Model, and is providing RSEI Version 2.1 to you as part of its technical user audience. RSEI Version 2.1 contains the 13 years of Toxics Release Inventory ( TRI) reporting data from 1988 through 2000, but it does not contain the 2001 TRI reporting data.

RSEI Version 2.1 contains many improvements over Version 1.02, which has been available since 1999. Attached to this letter are: a description of new features available in RSEI Version 2.1 ( Attachment 1), an introduction to the new model for previous users that discusses operational differences between Versions 1.02 and 2.1 ( Attachment 2), and instructions for installing the software program on the hard drive of your computer ( Attachment 3).

RSEI is a screening level tool for evaluating releases of toxic chemicals to the environment and their potential risk related impact on chronic human health. The model considers the pounds of chemicals released, their relative toxicity, the degree to which people are potentially exposed to these chemicals, and the estimated size of the exposed general population. The risk related scores that it calculates can serve a variety of comparative purposes, including the examination of trends for measuring change, the ranking and prioritization of chemicals and industry sectors for strategic planning, the conduct of risk related targeting, the support of community based environmental protection projects, and the investigation of environmental justice issues.

RSEI Version 2.1 provides a risk related perspective for air and water releases ( including those from certain off site transfers), as well as providing other valuable perspectives for all release pathways and other waste management activities at industrial facilities, such as pounds of release and pounds of release weighted by toxicity ( for a hazard based perspective). Results can be viewed at many levels of aggregation, including: national, EPA Regional, state, county, city and zip code. U. S. population data ( including subpopulations by age and gender) and yearly demographic changes in population density are reflected in the model; appropriate exposure factors are applied to relevant subpopulations. A user friendly Easy RSEI interface allows you to quickly display graphs or tables of information related to many of your questions, and the RSEI Welcome Screen provides tutorials to teach you how to use the Advanced RSEI model ( which employs GIS mapping of facilities and releases). Users unfamiliar with this updated version of RSEI are strongly encouraged to work through the three tutorials ( these are also found in the User's Manual).

If you have any problems with loading the model, using it or interpreting RSEI results, please contact one of the OPPT RSEI team members listed below. The installation CD ROM includes the RSEI 2.1 model with the Easy RSEI and Advanced RSEI interfaces, RSEI data bases, the User's Manual, and other supporting information. Help screens are available in the model itself. We thank you for your previous support of our development efforts and hope you find the revised RSEI model meets your needs and expectations.

Sincerely,

OPPT's RSEI Project Team Attachments:

Attachment 1  New Features in RSEI Version 2.1 Attachment 2  A Discussion for Previous Users of Operational Differences Between RSEI Versions 1.02 and 2.1 Attachment 3  Installation Instructions for RSEI Version 2.1 CD ROM RSEI Version 2.1 CD ROM Installation Disk ( under separate cover) RSEI Version 2.1 FACT Sheet ( under separate cover)

OPPT RSEI Project Team Gary Cole, Ph. D. Steven M. Hassur, Ph. D. Richard E. Engler, Ph. D. cole. gary@ epa. gov hassur. steven@ epa. gov engler. richard@ epa. gov ( 202) 564 8811 ( 202) 564 8558 ( 202) 564 8587 Attachment 1 EPA's Risk Screening Environmental Indicators New Features in RSEI Version 2.1 New or improved features have been added to the Risk Screening Environmental Indicators ( RSEI) Chronic Human Health model since the release of Version 1.02 in 1999. These improvements have been based upon recommendations from users, collaborators and/ or modeling development partners. Some of the major changes are the addition of a user friendly interface for the model called " Easy RSEI," incorporation of additional years of TRI reporting data ( now 1988 2000; but not the recently released 2001 data), modeling of the water medium in addition to the air medium, correction of locational data for on site and off site facilities, and use of 1990 and 2000 block level population data from the U. S. Census. The following listing describes these and other features in greater detail:

Operating System and Display ° 32 bit operating system ( Windows 95/ 98/ 2000/ XP/ NT4) [ RSEI will not function using the Windows 3.1 or earlier operating systems.] ° GIS display ( scalable mapping of on and off site facilities, major roads, significant waterways, tribal lands, etc.) ° new Easy RSEI interface quickly displays graphs and tables ( based on user questions) regarding ranked model results and trends for on site releases at several geographic scales Exposure Modeling ° geographic area for air modeling increased from 10 km ( in Version 1.02) to 50 km in each cardinal direction of the compass from facilities to accommodate the tall stacks associated with certain new reporting industries ( modeled releases now include transfers to off site incineration) ° highly detailed air modeling of center grid cell ° facility and SIC specific stack diameters added as air modeling parameter ° " on the fly" air plume modeling ( facility/ chemical specific air concentrations by grid cell, as well as aggregated, risk related results by grid cell for small geographic areas ) ° facility specific data used for electric power plants ( coal burning) ° facility specific air modeling parameters for ~ 15 20% of facilities, nationwide ° geocoding and address matching ( coupled with QA/ QC review) for all on site and off site facilities to provide accurate location coordinates ( lat/ long) ° risk related modeling of water release pathways ( direct surface water and POTWs) [ Stream reach information used by RSEI is only available for the Continental U. S. Therefore, the risk related perspective for water releases is not available for Alaska, Hawaii and U. S. Territories ( pounds and hazard based perspectives are available).] ° unique database of recreational & subsistence fish ingestion populations by stream reach ( based on county level fishing data) developed to model water exposure pathways ° mapping of stream path ( up to 200 km downstream) ° hand matching of important Publicly Owned Treatment Works ( POTWs) to National Pollutant Discharge Elimination System ( NPDES) database ( to insure correct identification of stream reach for water releases) ° use of harmonic mean stream flows ( Version 1.02 used arithmetic mean stream flows) ° Maximum Containment Level ( MCL) constraint applied to drinking water intakes ° exposure modeling adjustment factors for water and land used in Version 1.02 have been removed from RSEI Population Information ° Northern Mariana Islands Protectorate added to U. S. Trust Territories [ Risk related perspective is not available for American Samoa, Guam, and the Northern Mariana Islands Protectorate, since stream reach locations and weather station data used by RSEI are not available ( release information for facilities  six are currently reporting  can be viewed from pounds based and hazard based perspectives).] ° tribal lands are mapped ( indexed to facilities located within their boundaries) ° year by year, block level population adjustments for population using linear interpolation of 1990 and 2000 U. S. Census data ( with back extrapolation to 1988) ° modeling of U. S. population by age and gender ( block and block group) using subpopulation specific exposure factors ° mapping of subpopulations within 50 km of facilities ° risk related results for total population, children ( ages < 10 and 10 17), men or women of reproductive age ( ages 18 44) and the elderly ( ages

65)

Toxicity Information ° revised toxicity weighting methodology, incorporating more pathway specific toxicity data ° hierarchy of toxicity value sources modified by addition of ATSDR and Cal EPA final published toxicity data ° toxicity weights updated ( new weights for some metals, several chemical categories, and certain new chemicals for 2000 TRI reporting)

Databases ° physical/ chemical properties updated ° air hydrolysis rates added to fate and decay data ° many new databases available for review and use outside the model [ User Tag Fields cannot be created within the model; but the Chemical Database ( Chemical. db  a Paradox file) can be modified directly to create User Tag Fields. These can be used like other Flag Fields for selection and custom table generation.]

Data Queries ° greatly improved query language with many more logic operators ( using Boolean logic) ° extensive filtering of cross tab data for complex display of information ° no limits on number of parameters or variables chosen for analysis Miscellaneous Features ° Help is supported in the model ( including three graphical tutorials on the RSEI Welcome screen and in the User's Manual, to train new users) ° improved export of model results and data displays to many databases, spreadsheets, word processors, etc. ° much faster run times for queries ( typically, several minutes for state and local analyses, or simple national analyses) ° thematic mapping summaries for states & counties based on " selected" facilities and indicator elements ° summary trends for total RSEI results ( pounds and risk related results) based on " selected" facilities and indicator elements ° summary results ( pounds and risk related results) based on " selected" facilities and indicator elements  displayed by year for individual media, and as a chemical ranking, facility ranking or county ranking Attachment 2 EPA's Risk Screening Environmental Indicators A Discussion for Previous Users of Operational Differences Between RSEI Versions 1.02 and 2.1 The Risk Screening Environmental Indicators ( RSEI) Version 2.1 has greatly expanded capabilities compared to RSEI Version 1.02 ( an " update" of the original release, Version 1.0). To accommodate these many new features, the design of the new model has been significantly altered. Although the operation of the model is, in many respects, quite similar to Version 1.02, there are a number of changes in how one accomplishes certain tasks. This comparison addresses the most significant differences to minimize any confusion for users of the previous version.

All of the former model functionality remains, enhanced in many ways. ( The new model has two interfaces ( Easy RSEI and Advanced RSEI); it is the Advanced RSEI interface that is comparable to the older model and discussed in this attachment.) New capabilities have also been added. Perhaps the most noticeable improvement is the geographic nature of this multi media model. The map function has become a central feature of RSEI. You can locate facilities on it, graph populations and air concentrations, map surface water receiving streams, and even use the map to select facilities in the chosen viewing area. Displayed locations of state and county boundaries, and major water bodies and interstate highways aid in orienting the map.

Another obvious change is in generating cross tab tables. In Version 1.02, you used the New Query button to select a subset of releases, and also to select the row and column variables for the cross tab table. In Version 2.1, these two actions are completely separated. You now use the Select button to choose a " subset" of releases  this is now referred to as making a selection. The ability to select releases is greatly enhanced. You can make a selection using any choice of variables in the model, and combine different criteria using Boolean logic qualifiers. Once you select a set of releases, this set becomes the basis for all of the functions in the model. The " Selected Facilities Browser" ( analogous to Version 1.02' s " Facility Browser") and all of the pre formatted " summary tables" and " thematic maps" show only the releases in your selection.

Once you have made a selection, you can then, in a separate step, create a cross tab table using the Custom Table button. The set of releases used in the creation of this table is the one that you selected using the Select button. You can now identify an unrestricted number of variables ( to be displayed as multiple rows and columns), and you can still graph the results or display sorted tables. However, you can now substantially modify the table within the model, expanding and collapsing rows/ columns, and use a filter to display only specific values of row/ column variables.

There are several advantages to separating the selection process from the creation of the cross tab table. One is time. Whereas it used to take 30 60 minutes to subset and create a table, it can take as little as a few minutes now, depending on how big your selection set is and how complicated your table is. Creating several tables using the same selection of releases, also saves time. Because the design of Version 2.1 is different, you may wonder where to find desired functions. To assist you, we have provided the following section, which compares the main feature buttons of Version 1.02 with those in the new version. Major differences between how the functions operate are also described.

Version 1.02 Button Location of Function in Version 2.1 Load and You can now load tables using the Load Table button, which is found by Load from CD clicking on the Custom Tables button. Because the " Selection" that the loaded table is based on may be different than that currently being used by the model, the table name appears on the screen, and you can click on it to see what the underlying selection was. You should note, however, that the rest of the model, outside of the Custom Tables functions, will continue to use the currently selected set of facilities, rather than the set used by the loaded table. If you have any doubt as to what set the rest of the model is currently using, click on the text in the upper right corner of the screen ( the display of the number of selected elements, releases and facilities), and a screen will appear identifying the underlying selection. NOTE: Many pre run queries are available using Easy RSEI.

New Query This function is split between the Select button and the Custom Tables button. What was previously a single operation for performing queries is now a two step process.

Inspect and This function previously found in the Facilities Browser can now be found Links under the Selected Facilities Browser button. In the list at the top of the screen, you will find all of the facilities in your selected set along with their reported release information ( releases matching the selection criteria are highlighted). A new feature links the selected facilities to a map of the U. S., so you can click on any facility and see where it is located on the map. You can also toggle between viewing selected facilities and all facilities. The functions that were previously located under the Links button are also found here. Now you can also show population subgroups, as well as total population, around facilities or for any local area on the map ( by grid cell). Similarly, you can display estimated air concentrations for a specific air release from a single facility, or you can show the combination of all air releases in your selection set for local areas on the map. You are also able to map surface water receiving streams for the reporting facility or waste receiving facility.

Data There is also a Data button in Version 2.1. However, in addition to showing chemical, census, weather, and stream data, this button allows you to view supporting information for all of the databases used by the model. Attachment 3 EPA's Risk Screening Environmental Indicators Installation Instructions for RSEI Version 2.1 CD ROM System Requirements To install and run the Risk Screening Environmental Indicators ( RSEI) Version 2.1 requires approximately 2 gigabytes of free hard disk space. At least 128 Mbytes of RAM is recommended. Users must also have Internet Explorer Version 3.0 or later installed on their computer to use the RSEI Help feature. RSEI Version 2.1 will operate on Windows 95, 98, 2000, XP or NT4. It will not work on earlier operating systems, such as Windows 3.1.

Installing RSEI The previous version of the RSEI model could be run from the CD without an installation on the user's hard drive. For Version 2.1, extensive data enhancements have increased the size of the databases so it is no longer possible to run it from a CD. Consequently, all users must perform the full hard drive installation It is important to remove any previous versions of the RSEI model from your hard drive before you install this version. Instructions for uninstalling the program are provided in the " Uninstalling RSEI" section below.

To install under Windows 2000 or Windows XP, you must have administrator privileges. If you do not have administrator privileges, contact your computer support personnel.

Steps for installing RSEI are the following: 1. Close all Programs and log out from any Local Area Network ( LAN). Put the RSEI Installation Disk in the CD ROM drive. 2. The Installation Disk should begin the installation automatically. If it does not, click on the Start button at the bottom left of your screen then ` Run.' In the space after ` Open:' type in ` D:\ setup. exe.' Substitute the appropriate letter if your CD ROM drive is labeled other than ` D.' Click ` OK.' 3. Follow the prompts in the installation process. Depending on the speed of your computer, installation may take up to 15 minutes.

Launching RSEI When the installation is complete, the install wizard will ask if you want to launch the program. Click ` Yes,' and the RSEI Welcome Screen will appear. Here, to enter RSEI, you can click on Easy RSEI, Advanced RSEI or RSEI Tutorial. Easy RSEI is a simplified mode of operation that provides users with rankings and trend analyses at the level of the whole nation, an EPA region, or a single state. Easy RSEI is a quick and simple way to access some of the most commonly used data in RSEI. It is also a great introduction to the kinds of information RSEI can provide. After the first launch, you can access Easy RSEI again by double clicking the RSEI icon on your Windows desktop or by clicking the Start button at the bottom left corner of your Windows screen, then ` Programs,' ` RSEI,' then ` RSEI.' When you are ready, you can try Advanced RSEI. A good introduction to the many functions in Advanced RSEI is the three RSEI Tutorials. They can be found in Chapter 3 of the User's Manual, or by clicking on the RSEI Tutorial button on the RSEI Welcome screen. When you want to try Advanced RSEI yourself, click on the Advanced RSEI button on the RSEI Welcome screen. The model will then display ` Important Characteristics of RSEI.' Click ` Continue,' and the Advanced RSEI interface will open. Advanced RSEI allows users broad freedom to customize their use of RSEI using maps, crosstab tables, sorted tables, filters, and graphs. Users can look at national level results or the results for a single facility or chemical. Extensive help is available by clicking the Help button at any point in the model, or in Chapters 4 through 9 of the User's Manual. Once you're comfortable with Advanced RSEI, you may want to click on the button in the bottom left of the RSEI Welcome screen that says, ` In the future, start RSEI in Advanced Mode.' Then, whenever you start RSEI, Advanced RSEI will automatically open. If you ever want to go back to Easy RSEI or the RSEI Tutorial, simply click on the Switch to Welcome Screen button at the bottom left of the Welcome to Advanced RSEI screen.

Note that the way the RSEI model appears on your screen will depend on your Windows settings, including your screen resolution. If some of the displays appear truncated, click on the following string of commands: Start

Settings

Control Panel

Display

Settings. On the right hand side of the ` Settings' screen, slide the lever under ` Display area' to the right one notch.

Uninstalling RSEI RSEI comes with its own Uninstall program that removes the entire program, ancillary files (*. dll's), and accompanying databases. However, it will not remove the ` user' directory ( so any tables you have created will be saved for you to copy elsewhere) or the Borland Database Engine with its associated RSEI settings. You can delete these manually if desired. You do not need the CD ROM to do this. Click on Start

Programs

RSEI

Uninstall RSEI and follow the prompts. The RSEI model can also be uninstalled using the Windows function under ` Settings.' You may need to manually delete the C:\ Program Files\ RSEI folder and its subdirectories. Do this by using Windows Explorer, open the view of the C: drive and dragging the C:\ Program Files\ RSEI folder into the Recycle Bin. The disk space will not be freed up until you empty the Recycle Bin.


[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Notices]
[Pages 12427-12431]
[FR Doc No: 2023-03907]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96954; File No. SR-CboeBZX-2023-011]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Fee Schedule

February 21, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 14, 2023, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
amend its Fee Schedule. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to: (i) add a Tape
A Incentive Tier, (ii) modify Add/Remove Volume Tier 1, (iii) eliminate
fee code ZA and replace it with new fee codes ZV, ZB, and ZY, and (iv)
add the new fees code ZV, ZB and ZY to Lead Market Markers (``LMMs'')
Add Tiers 2, 3, and 4, respectively.\3\
---------------------------------------------------------------------------

    \3\ The Exchange initially filed the proposed fee changes on
February 1, 2023 (SR-CboeBZX-2023-005). On February 7, 2023, the
Exchange withdrew that filing and submitted SR-CboeBZX-2023-009. On
February 14, 2023, the Exchange withdrew that filing and submitting
this proposal.
---------------------------------------------------------------------------

    The Exchange first notes that it operates in a highly competitive
market in which market participants, including issuers of securities,
LMMs, and other liquidity providers, can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 registered equities exchanges, as well as a
number of alternative trading systems and other off-exchange venues
that do not have similar self-regulatory responsibilities under the
Exchange Act, to which market participants may direct their order flow.
Based on publicly available information,\4\ no single registered
equities exchange has more than 15% of the market share. Thus, in such
a low-concentrated and highly competitive market, no single equities
exchange possesses significant pricing power in the execution of order
flow. The Exchange in particular operates a ``Maker-Taker'' model
whereby it pays rebates to members that add liquidity and assesses fees
to those that remove liquidity. The Exchange's Fee Schedule sets forth
the standard rebates and rates applied per share for orders that
provide and remove liquidity, respectively. The Exchange proposes to
amend its Fee Schedule, as described below.
---------------------------------------------------------------------------

    \4\ See Cboe Global Markets, U.S. Equities Market Volume
Summary, Month-to-Date (January 27, 2023), available at https://markets.cboe.com/us//market_statistics/.
---------------------------------------------------------------------------

Tape A Incentive Tier
    For order in securities priced at or above $1.00, the Exchange
currently provides a standard rebate of $0.00160 per share for
displayed orders that add liquidity in Tape A securities, which yield
fee code V \5\. The Exchange proposes to amend footnote 12 of the Fee
Schedule to adopt a Tape A Incentive Tier, which would be available for
qualifying orders that yield fee code V. Particularly, under the
proposed Tape A Incentive Tier, Members may receive an additional
$0.0002 per share rebate where they have a: Step-Up ADAV \6\ from
January 2023 greater than or equal to 5,000,000; a Tape A ADAV greater
than or equal to 0.30% of the Tape A TCV; \7\ and an ADV \8\ greater
than or equal to 0.50% of the TCV. The proposed changes are designed to
encourage Members to increase their displayed liquidity in Tape A
securities on the Exchange, thereby contributing to a deeper and more
liquid market, which benefits all market participants and provides
greater execution opportunities on the Exchange.
---------------------------------------------------------------------------

    \5\ Orders yielding Fee Code ``V'' are displayed orders adding
liquidity to BZX (Tape A).
    \6\ ``Step-Up ADAV'' means ADAV in the relevant baseline month
subtracted from current ADAV. ADAV means average daily added volume
calculated as the numbers of share added per day and is calculated
on a monthly basis.
    \7\ ``TCV'' means total consolidated volume calculated as the
volume reported by all exchanges and trade reporting facilities to a
consolidated transaction reporting plan for the month for which the
fees apply.
    \8\ ``ADV'' means average daily volume calculated as the number
of shares added or removed, combined, per day. ADV is calculated on
a monthly basis.
---------------------------------------------------------------------------

Add/Remove Volume Tier 1
    Under footnote 1 of the Fee Schedule, the Exchange currently offers
various Add/Remove Volume Tiers. In particular, the Exchange offers six
displayed add volume tiers that each provide an enhanced rebate for
Members' qualifying orders yielding fee codes B,\9\ V, or Y,\10\ where
a Member reaches certain add volume-based criteria. Currently Tier 1 is
as follows:
---------------------------------------------------------------------------

    \9\ Orders yielding Fee Code ``B'' are displayed orders adding
liquidity to BZX (Tape B). For order in securities priced at or
above $1.00, orders yielding Fee Code B will receive a standard
rebate of $0.00160 per share.
    \10\ Orders yielding Fee Code ``Y'' are displayed orders adding
liquidity to BZX (Tape C). For order in securities priced at or
above $1.00, orders yielding Fee Code C will receive a standard
rebate of $0.00160 per share.
---------------------------------------------------------------------------

     Tier 1 provides a rebate of $0.0020 per share to
qualifying orders (i.e., orders yielding fee codes B, V, or Y) where
the Member has an ADAV as a percentage of TCV equal to or greater than
0.15%, or the Member has an ADAV equal to or greater than 15,000,000.
    The Exchange proposes to amend the criteria of Tier 1.
Specifically, the Exchange proposes to amend Tier 1 as follows:
     Proposed Tier 1 will provide a rebate of $0.0020 per share
to qualifying orders (i.e., orders yielding fee codes B, V, or Y) where
the Member has an ADAV as a percentage of TCV equal to or greater than
0.05%, or the Member has an ADAV equal to or greater than 5,000,000.
Fee Codes ZV, ZB, ZY
    Currently, fee code ZA is appended to retail orders that add
liquidity and receive a rebate of $0.00320 per share. The Exchange
proposes to eliminate fee code ZA and replace it with fee codes ZV, ZB
and ZY. Particularly, the Exchange proposes to separate fee code ZA
into three separate fee codes, each representing a different Tape for
retail orders that add liquidity. The Exchange proposes to adopt fee
code ZV for Tape A retail orders that add liquidity; fee code ZB for
Tape B retail orders that add liquidity; and fee code ZY for Tape C
retail orders that add liquidity. Retail orders appended with ZV, ZB,
and ZY will continue to receive a rebate of $0.00320 per share. The
Exchange notes that it currently maintains separate fee codes based on
Tapes for other types of orders as well.\11\
---------------------------------------------------------------------------

    \11\ See e.g., Cboe BZX U.S. Equities Exchange Fee Schedule, Fee
Codes HV, HB, and HY which fee codes represent non-displayed orders
that add liquidity to BZX for Tapes A, B, and C respectively.
---------------------------------------------------------------------------

    Finally, the Exchange proposes to include orders yielding fee codes
ZV, ZB, and ZY as part of its LMM Program. Under the Exchange's LMM
Program, the Exchange offers daily incentives for LMMs in securities
listed on the Exchange for which the LMM meets certain Minimum
Performance Standards.\12\ Such daily incentives are determined based
on the number of Cboe-listed securities for which the LMM meets such
Minimum Performance Standards and the average auction volume across
such securities. Generally, the more LMM Securities \13\ for which the
LMM meets the Minimum Performance Standards and the higher the auction
volume across those securities, the greater the total daily payment to
the LMM. Currently, the Exchange offers four LMM Add Volume Tiers under
footnote 14(D) of the Fee

Schedule, which provides an additional rebate for applicable LMM
orders. The Exchange proposes to update applicable fee codes for LMM
Add Volume Tiers 2, 3, and 4, to include new fee codes ZV, ZB, and ZY,
respectively. Specifically, the Exchange proposes to: amend LMM Add
Volume Tier 2 (which provides an enhanced rebate for adding displayed
liquidity in Tape A securities) to apply to orders yielding fee code ZV
(in addition to fee codes V and HV \14\); amend LMM Add Volume Tier 3
(which provides and enhanced rebate for adding displayed liquidity in
Tape B securities) to apply to orders yielding fee code ZB (in addition
to fee codes B and HB \15\); and for LMM Add Volume Tier 4 (which
provides and enhanced rebate for adding displayed liquidity in Tape C
securities) to apply to orders yielding fee code ZY (in addition to fee
codes Y and HY \16\).
---------------------------------------------------------------------------

    \12\ As defined in Rule 11.8(e)(1)(E), the term ``Minimum
Performance Standards'' means a set of standards applicable to an
LMM that may be determined from time to time by the Exchange. Such
standards will vary between LMM Securities depending on the price,
liquidity, and volatility of the LMM Security in which the LMM is
registered. The performance measurements will include: (A) Percent
of time at the NBBO; (B) percent of executions better than the NBBO;
(C) average displayed size; and (D) average quoted spread. For
additional detail, see Original LMM Filing.
    \13\ As defined in Rule 11.8(e)(1)(D), the term ``LMM Security''
means a Listed Security that has an LMM. As defined in Rule
11.8(e)(1)(B), the term ``Listed Security'' means any ETP or any
Primary Equity Security or Closed-End Fund listed on the Exchange
pursuant to Rule 14.8 or 14.9.
    \14\ Orders yielding Fee Code ``HV'' are non-displayed orders
adding liquidity to BZX (Tape A).
    \15\ Orders yielding Fee Code ``HB'' are non-displayed orders
adding liquidity to BZX (Tape B).
    \16\ Orders yielding Fee Code ``HY'' are non-displayed orders
adding liquidity to BZX (Tape C).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \19\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. Additionally, the Exchange believes the proposed
rule change is consistent with Section 6(b)(4) of the Act,\20\ which
requires that Exchange rules provide for the equitable allocation of
reasonable dues, fees, and other charges among its Members and other
persons using its facilities.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
    \20\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange operates in a highly competitive market in which
market participants can readily direct order flow to competing venues
if they deem fee levels at a particular venue to be excessive or
incentives to be insufficient. The proposed rule changes reflect a
competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members. The Exchange notes that relative volume-based incentives and
discounts have been widely adopted by exchanges, including the
Exchange, and are reasonable, equitable and non-discriminatory because
they are open to all members on an equal basis and provide additional
benefits or discounts that are reasonably related to (i) the value to
an exchange's market quality and (ii) associated higher levels of
market activity, such as higher levels of liquidity provision and/or
growth patterns. Additionally, as noted above, the Exchange operates in
highly competitive market. The Exchange is only one of several equity
venues to which market participants may direct their order flow, and it
represents a small percentage of the overall market. It is also only
one of several maker-taker exchanges. Competing equity exchanges offer
similar tiered pricing structures, including schedules of rebates and
fees that apply based upon members achieving certain volume and/or
growth thresholds, as well as assess similar fees or rebates for
similar types of orders, to that of the Exchange. These competing
pricing schedules, moreover, are presently comparable to those that the
Exchange provides, including the pricing of comparable criteria and/or
fees and rebates.
    The Exchange believes the proposed addition of the Tape A Incentive
Tier, as well as the proposed modifications to Add/Remove Volume Tier
1, are reasonable, fair and equitable, and not unfairly discriminatory
because the tiers provide additional opportunities for all Members to
meet the tier criteria and receive the corresponding enhanced rebate
for each tier if such criteria is met. Furthermore, the Exchange
believes that the proposed new Tape A Incentive Tier and modified Add/
Remove Volume Tier 1 are reasonable as they serve to incentivize
Members to increase their liquidity adding, displayed volume, which
benefit all market participants by incentivizing continuous liquidity
and thus, deeper, more liquid markets as well as increased execution
opportunities. The Exchange notes that it is adding a new incentive
tier applicable to Tape A securities but not other securities because
it already has Tape B Incentive (and Quoting) Tiers to similarly
incentive liquidity in Tape B securities. The Exchange has no
obligation to have incentive tiers for any securities, and the Exchange
believes other rebate programs currently and as proposed to be offered
for adding liquidity to Tape C securities provides sufficient incentive
to add liquidity in those securities. Particularly, the proposed
incentives to provide displayed liquidity are designed to incentivize
continuous displayed liquidity, which signals other market participants
to take the additional execution opportunities provided by such
liquidity. This overall increase in activity deepens the Exchange's
liquidity pool, offers additional cost savings, supports the quality of
price discovery, promotes market transparency and improves market
quality for all investors.
    In addition to this, the Exchange believes that the proposal
represents an equitable allocation of rebates and is not unfairly
discriminatory because all Members will continue to be eligible for the
Add/Remove Volume Tier 1, as amended, as well as for the new Tape A
Incentive Tier, and would receive the proposed rebate if such criteria
is met. The Exchange notes the proposed criteria for Add/Remove Volume
Tier 1 is less stringent than the current criteria, and thus will be
easier for Members to meet.
    Without having a view of activity on other markets and off-exchange
venues, the Exchange has no way of knowing whether these proposed
changes would definitely result in any Members qualifying for the
proposed Tape A Incentive Tier and modified Add/Remove Volume Tier 1.
While the Exchange has no way of predicting with certainty how the
proposed changes will impact Member activity, the Exchange anticipates
six Members will be able to satisfy the criteria proposed under the new
Tape A Incentive Tier and up to eight Members will be able to satisfy
the modified criteria proposed under Add/Remove Volume Tier 1. The
Exchange also notes that the proposed changes will not adversely impact
any Member's ability to qualify for reduced fees or enhanced rebates
offered under other tiers. Should a Member not meet the proposed new
criteria, the Member will merely not receive that corresponding
enhanced rebate.
    Finally, the Exchange believes the proposed amendment to eliminate
fee

code ZA and replace it with new fee codes ZV, ZB and ZY is reasonable,
as the Exchange is simply recategorizing retail orders that add
liquidity and yield fee code ZA by distinguishing each order based on
Tapes. The Exchange notes that it currently maintains separate fee
codes based on Tapes for other types of orders as well.\21\ Further,
the Exchange believe that adding the new fees code ZV, ZB and ZY to LMM
Add Tiers 2, 3, and 4, respectively, is reasonable because such fee
codes correspond to the criteria for each relevant LMM Add Tier.
Specifically, LMM Add Tier 2 relates to orders adding liquidity in Tape
A Securities, and proposed fee code ZV applies to retail orders adding
liquidity in Tape A Securities; LMM Add Tier 3 relates to orders adding
liquidity in Tape B Securities, and proposed fee code ZB applies to
retail orders adding liquidity in Tape B Securities; and LMM Add Tier 4
relates to orders adding liquidity in Tape C Securities, and proposed
fee code ZY applies to retail orders adding liquidity in Tape C
Securities. Finally, the Exchange believes the proposal to recategorize
retail orders adding liquidity and adding such fee codes to LMM Add
Tiers is also equitable and not unfairly discriminatory because it
applies to all Members.
---------------------------------------------------------------------------

    \21\ Supra note 10.
---------------------------------------------------------------------------

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. Particularly, the proposed
Tape A Incentive Tier and modified Add/Remove Volume Tier 1 do not
impose a burden on intramarket competition that is not in furtherance
of the Act in that each tier will be eligible to all Members equally,
as all Members have the opportunity to submit orders in an attempt to
satisfy the proposed criteria and receive the enhanced rebates
associated with each tier. Furthermore, the Exchange believes that the
criteria under proposed Tape A Incentive Tier and modified Add/Remove
Volume Tier 1 will continue to incentivize Members to submit additional
liquidity to the Exchange and to increase their order flow on the
Exchange generally, thereby contributing to a deeper and more liquid
market. A deeper and more liquid market may promote price discovery and
market quality on the Exchange to the benefit of all market
participants and enhance the attractiveness of the Exchange as a
trading venue, which the Exchange believes, in turn, would continue to
encourage market participants to direct additional order flow to the
Exchange. Greater liquidity benefits all Members by providing more
trading opportunities and encourages Members to send additional orders
to the Exchange, thereby contributing to robust levels of liquidity,
which benefits all market participants.
    The Exchange believes its proposal to eliminate fee code ZA and
separate it into three fee codes (ZV, ZB, and ZY) will have no impact
on competition, as it merely is a recategorization of a current fee
code under the existing Fee Schedule. Further, the proposal to add such
fee codes ZV, ZB, and ZY to LMM Add Tiers 2, 3, and 4, respectively,
applies to all Members. Particularly, the proposed changes apply to all
Members equally in that all Members continue to be eligible for the LMM
Add Volume Tiers (and have the same opportunity to become an LMM
Member), have a reasonable opportunity to meet the tiers' criteria and
will all receive the corresponding additional rebates if such criteria
are met.
    The Exchange believes the proposed Tape A Incentive Tier, modified
Add/Remove Volume Tier 1, and fee code changes do not impose a burden
on intermarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed changes represent a significant departure from
pricing currently offered by the Exchange or pricing offered by other
equities exchanges. Members may opt to disfavor the Exchange's pricing
if they believe that alternatives offer them better value. Accordingly,
the Exchange does not believe that the proposed changes will impair the
ability of Members or competing venues to maintain their competitive
standing in the financial markets. As previously discussed, the
Exchange operates in a highly competitive market. Members have numerous
alternative venues that they may participate on and direct their order
flow, including other equities exchanges, off-exchange venues, and
alternative trading systems. Additionally, the Exchange represents a
small percentage of the overall market. Based on publicly available
information, no single equities exchange has more than 15% of the
market share.\22\ Therefore, no exchange possesses significant pricing
power in the execution of order flow. Indeed, participants can readily
choose to send their orders to other exchange and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \23\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.'. . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . .''.\24\
---------------------------------------------------------------------------

    \22\ Supra note 3.
    \23\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \24\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
---------------------------------------------------------------------------

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \25\ and paragraph (f) of Rule 19b-4 \26\
thereunder. 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule

change should be approved or disapproved.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(3)(A).
    \26\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2023-011 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-CboeBZX-2023-011. 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 website (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 website 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 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the Exchange.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeBZX-2023-011 and should
be submitted on or before March 20, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03907 Filed 2-24-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46497-46498]
[FR Doc No: 2013-18398]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0038; Airspace Docket No. 13-AEA-2]

Amendment of Class D and E Airspace, and Establishment of Class E
Airspace; Oceana NAS, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends the Class D and Class E airspace operating
hours, and establishes Class E surface airspace at Oceana Naval Air
Station, (NAS), VA, due to the Air Traffic Control Tower at Oceana NAS
(Apollo Soucek Field) now operating on a part time basis. This action
enhances the safety and airspace management of Instrument Flight Rules
(IFR) operations at the airport. This action also updates the
geographic coordinates of Oceana NAS (Apollo Soucek Field) and NALF
Fentress.

DATES: Effective 0901 UTC, October 17, 2013. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 9, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class D and Class E
airspace, and establish Class E airspace at Oceana Naval Air Station,
(NAS), VA, (78 FR 21084). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Subsequent to
publication the FAA found that the geographic coordinates of the NALF
Fentress were transposed. This action makes the correction.
    Class E airspace designations are published in paragraphs 5000,
6002, and 6004, respectively of FAA Order 7400.9W dated August 8, 2012,
and effective September 15, 2012, which is incorporated by reference in
14 CFR Part 71.1. The Class D and Class E airspace designations listed
in this document will be published subsequently in the Order.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends the hours of operation for Class D airspace and Class E
airspace designated as an extension to Class D surface airspace at
Oceana NAS (Apollo Soucek Field), VA, as the air traffic control tower
is transitioning from a full time facility to part time, and requires a
Notice to Airmen notification. This action also establishes Class E
airspace extending upward from the surface at Oceana NAS (Apollo Soucek
Field), VA. The geographic coordinates of Oceana NAS (Apollo Soucek
Field) and NALF Fentress are adjusted to coincide with the FAAs
aeronautical database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends and establishes controlled airspace at Oceana NAS (Apollo
Soucek Field), Oceana, VA.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, effective September 15, 2012, is amended
as follows:

Paragraph 5000 Class D Airspace

* * * * *

AEA VA D Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field), VA
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.3-mile radius of Oceana NAS (Apollo Soucek
Field). This Class D airspace area is effective during specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

AEA VA E2 Oceana NAS, VA [New]

Oceana NAS (Apollo Soucek Field), VA
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W)
NALF Fentress, VA
    (Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)

    That airspace extending upward from the surface within a 4.3-
mile radius of Oceana NAS (Apollo Soucek Field), and within 1.8
miles each side of the Navy Oceana TACAN 213[deg] radial extending
from the 4.3-mile

radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles southwest of
the TACAN and within a 2.7-mile radius of NALF Fentress. This Class
E airspace area is effective during specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Airport/
Facility Directory.

Paragraph 6004 Class E Airspace Designated as an Extension to a
Class D Surface Area.

* * * * *

AEA VA E4 Oceana NAS, VA [Amended]

Oceana NAS (Apollo Soucek Field)
    (Lat. 36[deg]49'22'' N., long. 76[deg]01'55'' W.)
Navy Oceana TACAN
    (Lat. 36[deg]49'27'' N., long. 76[deg]02'13'' W.)
NALF Fentress, VA
    (Lat. 36[deg]41'31'' N., long. 76[deg]08'04'' W.)

    That airspace extending upward from the surface within 1.8 miles
each side of the Navy Oceana TACAN 213[deg] radial extending from
the 4.3-mile radius of Oceana NAS (Apollo Soucek Field) to 9.3 miles
southwest of the TACAN and within a 2.7-mile radius of NALF
Fentress. This Class E airspace area is effective during specific
dates and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Airport/Facility Directory.

    Issued in College Park, Georgia, on July 24, 2013.
Jackson D. Allen,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2013-18398 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-13-P