[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17494-17496]
[FR Doc No: 2018-08283]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0029]
RIN 1625-AA00

Safety Zone for Fireworks Display; Patapsco River, Inner Harbor,
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patapsco River. This action is necessary to
provide for the safety of life on the navigable waters of the Inner
Harbor at Baltimore, MD, during a fireworks display on April 21, 2018.
If necessary, due to inclement weather, the event will be rescheduled
to April 22, 2018. This action will prohibit persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative.

DATES: This rule is effective from 11 p.m. on April 21, 2018, through 1
a.m. on April 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0029 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On December 15, 2017, the Baltimore Office of Promotion and The
Arts notified the Coast Guard that from 11:59 p.m. on April 21, 2018,
to 12:06 a.m. on April 22, 2018, or if necessary, due to inclement
weather, from 11:59 p.m. on April 22, 2018 to 12:06 a.m. on April 23,
2018, it will be conducting a fireworks display launched from five
floating platforms in the Inner Harbor, between Inner Harbor Pier 3 and
Inner Harbor Pier 5, in Baltimore, MD. In response, on March 6, 2018,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone for Fireworks Display; Patapsco River, Inner Harbor,
Baltimore, MD'' (83 FR 9456). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended April 5, 2018,
we received three comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public

interest because immediate action is needed to respond to the potential
safety hazards associated with a fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Baltimore (COTP) has determined that
potential hazards associated with the fireworks to be used in this
April 21, 2018, display will be a safety concern for anyone in the
Inner Harbor near the five fireworks floating platforms. The purpose of
this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three comments on our NPRM published
March 6, 2018. All three comments addressed issues not related to this
rulemaking. Therefore, there are no substantive changes in the
regulatory text of this rule from the proposed rule in the NPRM. We are
making one small correction to a typographical error in paragraph
(a)(2). The proposed text for this paragraph incorrectly crossed
referenced paragraph (a) instead of paragraph (b), which is where the
location of the zone is actually described.
    This rule establishes a safety zone from 11 p.m. on April 21, 2018,
until 1 a.m. on April 23, 2018. This rule will be enforced from 11 p.m.
on April 21, 2018, until 1 a.m. on April 22, 2018, or 11 p.m. on April
22, 2018, until 1 a.m. on April 23, 2018, in the case of inclement
weather on April 21st. The safety zone will cover all navigable waters
of the Patapsco River, Inner Harbor, from shoreline to shoreline,
within an area bounded on the east by longitude 076[deg]36'12'' W, and
bounded on the west by the Inner Harbor west bulkhead, located at
Baltimore, MD. The duration of the zone is intended to ensure the
safety of life on these navigable waters before, during, and after the
scheduled 11:59 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Although this
safety zone will restrict the entire width of the waterway, it will
impact a small designated area of the Inner Harbor for two hours during
the evening when vessel traffic is normally low. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16
to provide information about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule

will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting two hours that would prohibit vessel movement
within the Inner Harbor at Baltimore, MD. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  [thinsp]165.T05-0029 to read as follows:

Sec.  [thinsp]165.T05-0029  Safety Zone for Fireworks Display; Patapsco
River, Inner Harbor, Baltimore, MD.

    (a) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcement of the
safety zone described in paragraph (b) of this section.
    (b) Location. The following area is a safety zone: All navigable
waters of the Patapsco River, Inner Harbor, from shoreline to
shoreline, within an area bounded on the east by longitude
076[deg]36'12'' W, and bounded on the west by the Inner Harbor west
bulkhead, located at Baltimore, MD. All coordinates refer to datum NAD
1983.
    (c) Regulations. The general safety zone regulations found in 33
CFR part 165, subpart C apply to the safety zone created by this
section.
    (1) All persons are required to comply with the general regulations
governing safety zones found in 33 CFR 165.23.
    (2) Entry into or remaining in this safety zone is prohibited
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone
at the time it is implemented are to depart the zone.
    (3) Persons desiring to transit the area of the safety zone shall
obtain authorization from the Captain of the Port Maryland-National
Capital Region or designated representative. To request permission to
transit the area, the Captain of the Port Maryland-National Capital
Region and or designated representatives can be contacted at telephone
number<PHONE_NUMBER> or on marine band radio VHF-FM channel 16 (156.8
MHz). The Coast Guard vessels enforcing this section can be contacted
on marine band radio VHF-FM channel 16 (156.8 MHz). Upon being hailed
by a U.S. Coast Guard vessel, or other Federal, State, or local agency
vessel, by siren, radio, flashing light, or other means, the operator
of a vessel shall proceed as directed. If permission is granted to
enter the safety zone, all persons and vessels shall comply with the
instructions of the Captain of the Port Maryland-National Capital
Region or designated representative and proceed as directed while
within the zone.
    (4) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the zone by Federal, State, and local
agencies.
    (d) Enforcement period. This section will be enforced from 11 p.m.
on April 21, 2018, until 1 a.m. on April 22, 2018, or if necessary, due
to inclement weather, from 11 p.m. on April 22, 2018, until 1 a.m. on
April 23, 2018.

    Dated: April 16, 2018.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-08283 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49607-49608]
[FR Doc No: 2017-23242]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9969-90-Region 1]

2017 Fall Joint Meeting of the Ozone Transport Commission and the
Mid-Atlantic Northeast Visibility Union

AGENCY: Environmental Protection Agency.

ACTION: Notice of meeting.

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SUMMARY: The United States Environmental Protection Agency is
announcing the joint 2017 Fall Meeting of the Ozone Transport
Commission (OTC) and the Mid-Atlantic Northeast Visibility Union (MANE-
VU). The meeting agenda will include topics regarding reducing ground-
level ozone precursors and matters relative to Regional Haze and
visibility improvement in Federal Class I areas in a multi-pollutant
context.

DATES: The meeting will be held on November 15, 2017 starting at 9:15
a.m. and ending at 4:00 p.m.

ADDRESSES: Location: Melrose Georgetown Hotel, 2430 Pennsylvania Avenue
NW., Washington, DC 20037,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For documents and press inquiries
contact: Ozone Transport Commission, 444 North Capitol Street NW.,
Suite 322, Washington, DC 20001;<PHONE_NUMBER>; email:
[email protected]; Web site: http://www.otcair.org.

SUPPLEMENTARY INFORMATION: The Clean Air Act Amendments of 1990 contain
at Section 184 provisions for the Control of Interstate Ozone Air
Pollution. Section 184(a) establishes an Ozone Transport Region (OTR)
comprised of the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, parts of Virginia and the District of Columbia. The
purpose of the OTC is to

deal with ground-level ozone formation, transport, and control within
the OTR.
    The Mid-Atlantic/Northeast Visibility Union (MANE-VU) was formed at
in 2001, in response to EPA's issuance of the Regional Haze rule. MANE-
VU's members include: Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont, the Penobscot Indian Nation, the
St. Regis Mohawk Tribe along with EPA and Federal Land Managers.
    Type of Meeting: Open.
    Agenda: Copies of the final agenda will be available from the OTC
office<PHONE_NUMBER>; by email: [email protected] or via the OTC Web
site at http://www.otcair.org.

    Dated: October 4, 2017.
Deborah Szaro,
Acting Regional Administrator, Region I.
[FR Doc. 2017-23242 Filed 10-25-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Pages 58760-58761]
[FR Doc No: 2014-23191]

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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: ER07-956-008.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits Service Schedule MSS-3
Bandwidth Formula Comprehensive Recalculation.
    Filed Date: 9/15/14.
    Accession Number: 20140915-5237.
    Comments Due: 5 p.m. ET 10/6/14.

    Docket Numbers: ER08-1056-007.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits Service Schedule MSS-3
Bandwidth Formula Comprehensive Recalculation.
    Filed Date: 9/15/14.
    Accession Number: 20140915-5236.
    Comments Due: 5 p.m. ET 10/6/14.

    Docket Numbers: ER14-2695-001.
    Applicants: Ioway Energy, LLC.
    Description: Tariff Amendment per 35.17(b): Amended MBR Filing to
be effective 9/1/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5104.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2750-001.
    Applicants: New York State Electric & Gas Corporation.
    Description: Tariff Amendment per 35.17(b): Amendment to Facilities
Agreement to be effective 9/1/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5094.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2900-000.
    Applicants: Energetix DE, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
filing to be effective 9/17/2014.
    Filed Date: 9/17/14.
    Accession Number: 20140917-5158.
    Comments Due: 5 p.m. ET 10/8/14.

    Docket Numbers: ER14-2901-000.
    Applicants: Energy America, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
filing to be effective 9/17/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5001.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2902-000.
    Applicants: Gateway Energy Services Corporation.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
filing to be effective 9/17/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5003.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2903-000.
    Applicants: NYSEG Solutions, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Normal
filing to be effective 9/17/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5004.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2904-000.
    Applicants: Public Service Company of New Mexico.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Modifications to NITSA/NOA between PNM and Tri-State, Baseline
Submission to be effective 9/1/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5006.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2905-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits Notice of
Cancellation of Contracts Facilitating the Interconnection of the
Burris Substation.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5018.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2906-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits Notice of
Cancellation of Contracts Facilitating the Interconnection of the San
Fidel Substation.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5019.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2907-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Amended
SGIA & Distribution Service Agreement with Lancaster WAD B LLC to be
effective 11/18/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5032.
    Comments Due: 5 p.m. ET 10/9/14.

    Docket Numbers: ER14-2908-000.
    Applicants: Public Service Company of New Mexico.
    Description: Initial rate filing per 35.12 San Juan Generating
Station Fuel and Capital Funding Agreement to be effective 7/1/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5069.
    Comments Due: 5 p.m. ET 10/9/14.

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

    Docket Numbers: ES14-50-000.
    Applicants: AEP Texas Central Company.
    Description: Amendment to August 29, 2014 Application Pursuant to
Section 204 of the Federal Power Act for authorization to issue
securities of AEP Texas Central Company.
    Filed Date: 9/17/14.
    Accession Number: 20140917-5168.
    Comments Due: 5 p.m. ET 9/29/14.

    Docket Numbers: ES14-51-000.
    Applicants: AEP Texas North Company.
    Description: AEP Texas North Company's amendment to August 29, 2014
Application Pursuant to Section 204 of the Federal Power Act for
authorization to issue securities.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5017.
    Comments Due: 5 p.m. ET 9/29/14.

    Docket Numbers: ES14-52-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Consolidated Edison Company of New York, Inc. Exhibits
C, D and E to the September 10, 2014 Section 204 Application.
    Filed Date: 9/16/14.
    Accession Number: 20140916-5215.
    Comments Due: 5 p.m. ET 9/26/14.

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

    Docket Numbers: RD14-14-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Proposed Reliability Standard PRC-004-3.
    Filed Date: 9/15/14.
    Accession Number: 20140915-5235.
    Comments Due: 5 p.m. ET 10/20/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: September 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23191 Filed 9-29-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 29, 2008 (Volume 73, Number 41)]
[Notices]
[Page 11167-11168]
[DOCID:fr29fe08-126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57375; File No. SR-ISE-2008-14]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Solicitation of Interest Orders

February 22, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 19, 2008, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') 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 substantially by
ISE. ISE filed the proposed rule change pursuant to Section 19(b)(3)(A)
of the Act \3\ and Rule 19b-4(f)(6) 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend the parameters governing Solicitation
of Interest orders (``SOIs''). The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, ISE 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. ISE 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 purpose of this filing is to amend the parameters governing
SOIs that are entered into MidPoint Match (``MPM'').\5\ When an SOI
order is entered, the System sends Equity Electronic Access Members
(``Equity EAMs'') a solicitation notice containing the name of the
equity security for which the order was entered. Currently, an SOI
order must be at least 2,000 shares and cannot be canceled or changed
for five seconds. An immediate-or-cancel (``IOC'') SOI that is not
executed within the five second no-cancellation period is automatically
canceled.\6\
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    \5\ See ISE Rule 2129 (MidPoint Match).
    \6\ A regular SOI is converted to a Standard Order in MPM if it
is not executed or canceled within 10 seconds; see ISE Rule
2129(d)(2).
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    The Exchange proposes to reduce the no cancellation parameter to
one second. The no cancellation parameter, currently set at five
seconds, requires that Equity EAMs using SOIs relinquish the right to
cancel or change an SOI order for five seconds. In the current market
environment, many potential SOI users are reluctant to commit to a time
period of that duration. Instead, Equity EAMs prefer a one second
timeout, enabling them to cancel or revise the order in a timeframe
that is more consistent with algorithmic trading patterns. Accordingly,
an IOC SOI will also time out in one second.
    Additionally, the Exchange proposes to reduce the minimum order
size to 500 shares. The current minimum order size of 2,000 shares is
larger than the typical order size generated by algorithms. The
Exchange proposes to revise the minimum order size to 500 shares, which
is more consistent with algorithmic trading patterns.
2. Statutory Basis
    The basis under the Act for this proposed rule change is found in
Section 6(b) of the Act.\7\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(5) of the Act \8\
requirements that the rules of an exchange be designed to promote just
and equitable principles of trade, serve to remove impediments to and
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
In particular, this filing will provide investors with more flexibility
in

entering orders and receiving executions of such orders.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 Commission notes that ISE has satisfied the five-day
pre-filing notice requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) may not
become operative prior to 30 days after the date of filing unless the
Commission designates a shorter time if such action is consistent with
the protection of investors and the public interest.\11\ The Exchange
has requested that the Commission waive the 30-day operative delay set
forth in Rule 19b-4(f)(6)(iii) under the Act.\12\ The Commission
believes that the earlier operative date is consistent with the
protection of investors and the public interest because it will allow
the Exchange to implement the changes to the parameters governing SOIs
without delay. For these reasons, the Commission designates the
proposal to be operative upon filing with the Commission.\13\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of accelerating the 30-day operative
delay of this proposal, the Commission has considered the proposed
rule's impact on efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2008-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2008-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference 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 ISE. 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-ISE-2008-14 and should be
submitted on or before March 21, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-3841 Filed 2-28-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Proposed Rules]
[Page 23666]
[FR Doc No: 2016-09160]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0618; FRL-9945-21-Region 4]

Air Plan Approval: Tennessee: Knox County VOC Limits Revision for
Permits

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a portion of a State Implementation Plan (SIP) revision
submitted by the State of Tennessee, submitted on March 14, 2014,
through the Tennessee Department of Environmental Conservation on
behalf of the Knox County Department of Air Quality Management (Knox
County) to address changes to a Knox County regulation regarding
permits. EPA is proposing to approve this SIP revision because the
State has demonstrated that it is consistent with the Clean Air Act.

DATES: Written comments must be received on or before May 23, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0618 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo or D. Brad Akers, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Farngalo can be reached at<PHONE_NUMBER> and via
electronic mail at<EMAIL_ADDRESS>Mr. Akers can be reached at
(404) 562-9089 and via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
issue of the Federal Register, EPA is approving the State's
implementation plan revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

    Dated: April 6, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-09160 Filed 4-21-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 218 (Friday, November 12, 2010)]
[Notices]
[Pages 69514-69515]
[FR Doc No: 2010-28442]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63254; File No. SR-DTC-2010-14]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing of Proposed Rule Change To Amend the Certificate of
Organization To Authorize Additional Shares of Preferred Stock and
Designate Shares as Series A Preferred Stock

November 5, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on October 22, 2010, The Depository Trust Company (``DTC'') 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 primarily by DTC.\3\ The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The text of the proposed rule change is attached as Exhibit
5 to DTC's filing, which is available at http://www.dtcc.com/downloads/legal/rule_filings/2010/dtc/2010-14.pdf.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The purpose of this proposed rule change is to amend DTC's
Certificate of Organization to authorize an additional 1,750,000 shares
of preferred stock and to designate such shares as Series A preferred
stock.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
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    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In 1999, DTC's Certificate of Organization was amended (``1999
Amendment'') to provide for the authorization and issuance of 1,500,000
shares of preferred stock, par value $100 per share.\5\ The 1999
Amendment also provided that the preferred stock could be issued in one
or more classes having such designations, relative rights, preferences,
or limitation as fixed by the Board of Directors of DTC at the time of
issuance of any such preferred stock. DTC's Certificate of Organization
has been amended three times thereafter to provide for the issuance of
variable rate, noncumulative, nonvoting shares of Series A preferred
stock, par value $100 per share, which are preferred over DTC's common
stock as to dividends and in the event of liquidation (``Series A
Preferred Stock''). The first such amendment (filed in 2000) provided
for the issuance of 750,000 shares of the Series A Preferred Stock. The
second amendment (filed in 2006) provided for the issuance of an
additional 500,000 shares of Series A Preferred Stock. The third
amendment (filed in 2009) provided for the issuance of an additional
250,000 shares of Series A Preferred Stock.\6\
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    \5\ The amendment was the subject of a DTC proposed rule change
approved by the Commission. Securities Exchange Act No. 34-41529
(June 15, 1999), 64 FR 33333 (June 22, 1999) [File No. SR-DTC-1999-
08]. The amendment was also approved by the New York State
Superintendent of Banks.
    \6\ Securities Exchange Release Nos. 34-43197 (August 23, 2000),
65 FR 52459 (August 29, 2000) [File No. SR-DTC-2000-02]; 34-54775
(November 17, 2006), 71 FR 68662 (November 27, 2006) [SR-DTC-2006-
14]; 34-59612 (March 20, 2009), 74 FR 13488 (March 27, 2009) [File
No. SR-DTC-2009-06].
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    DTC participants are required to purchase and own shares of the
Series A Preferred Stock in proportion to their use of DTC services.
DTC treats the Series A Preferred Stock held by participants
substantially the same as it treats the mandatory cash deposits made by
participants to the Participants Fund for purposes of collateralizing
securities transactions, limiting net debit positions, implementing
default procedures, and allocating unrecovered losses.
    In order that DTC may further increase its capital,\7\ DTC is
proposing to amend its Certificate of Organization \8\ to authorize an
additional 1,750,000 shares of preferred stock at the par value of $100
per share and to designate such shares as Series A Preferred Stock with
such rights, preferences, and limitations as provided in its
Certificate of Organization.\9\
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    \7\ DTC, as a member institution of the Federal Reserve System,
is subject to capital guidelines issued by the Board of Governors of
the Federal Reserve System. To be considered ``well-capitalized''
under these guidelines, DTC must, among other things, maintain a
Total Risk-Based Capital Ratio of at least 10%, a Leverage Ratio of
at least 5%, and a Tier 1 Risk-Based Capital Ratio of at least 6%.
The issuance of the additional Series A preferred stock will enable
DTC to continue to meet these requirements.
    \8\ In order to amend its Certificate of Organization to
increase the authorized preferred stock, DTC is also required to
seek approval from the New York State Banking Department. DTC has
sought such approval concurrently with this rule filing. On October
20, 2010, DTC's sole stockholder, The Depository Trust & Clearing
Corporation, authorized DTC to make this amendment, as required by
Section 8003 of the Banking Law of the State of New York.
    \9\ The authorization of an additional 1,750,000 shares will
increase the number of authorized shares of Preferred Stock and of
Series A Preferred stock to a total of 3,250,000 shares with a par
value of $100 per share and a total value of $325 million.
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    The proposed rule change is consistent with the requirements of the
Securities Exchange Act of 1934, as amended, (``Act'') and the rules
and regulations thereunder applicable to DTC, as well as CPSS/IOSCO
Recommendations for Securities Settlement Systems applicable to DTC
because the proposed rule change will not affect the safeguarding of
securities and funds in DTC's custody or control or for which it is
responsible.

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

    DTC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments relating to the proposed rule change have not been
solicited or received. DTC will notify the Commission of any written
comments received by DTC.

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

    Within forty-five days of the date of publication of this notice in
the Federal

Register or within such longer period (i) as the Commission may
designate up to ninety days of such date if it finds such longer period
to be appropriate and publishes its reasons for so finding or (ii) as
to which the self-regulatory organization consents, the Commission
will:
    (A) By order approve or disapprove the proposed rule change; or
    (B) institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2010-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2010-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549-1090, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filings will also be
available for inspection and copying at the principal office of DTC and
on DTC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2010/nscc/2010-11.pdf. 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-DTC-2010-14 and should be submitted on or before December 3, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28442 Filed 11-10-10; 8:45 am]
BILLING CODE 8011-01-P