[Federal Register: August 12, 2009 (Volume 74, Number 154)]
[Rules and Regulations]
[Page 40498-40503]
[DOCID:fr12au09-9]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2009-0238; FRL-8936-4]

Outer Continental Shelf Air Regulations Consistency Update for
Delaware

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving the updates of the Outer Continental Shelf
(OCS) Air Regulations for Delaware. Requirements applying to OCS
sources located within 25 miles of a State's seaward boundary must be
updated periodically to maintain continuity and ensure consistency with
the regulations of the corresponding onshore area (COA), as mandated by
section 328(a)(1) of the Clean Air Act (CAA). The intended effect of
approving the OCS regulations for Delaware is to regulate air emissions
from OCS sources in accordance with the requirements of the COA.

DATES: Effective Date: This rule is effective on September 11, 2009.
    The incorporation by reference of certain publications listed in
this rule is approved by the Director of the Federal Register as of
September 11, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2009-0238. All documents in the docket are listed in
the http:www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
http:www.regulations.gov or in hard copy for public inspection during
normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Amy Caprio,<PHONE_NUMBER> or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    Section 328(a) of the Clean Air Act (CAA) requires that EPA
establish requirements to control air pollution from OCS sources
located within 25 miles of a State's seaward boundary that are the same
as onshore requirements. To comply with this statutory mandate, EPA
must incorporate applicable rules of the corresponding onshore area
(COA) into 40 CFR part 55.
    On April 29, 2008 (74 FR 19472), EPA proposed to incorporate
various

Delaware air quality management requirements into 40 CFR part 55. These
requirements are being promulgated to ensure that the applicable OCS
rules correspond with the rules for the COA. EPA has evaluated the
proposed requirements to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or Part C of title I of the CAA, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure that they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules.
    Section 328(a) of the CAA and 40 CFR part 55 limit EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevent EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (SIP) guidance or certain requirements of the CAA.
Consistency updates may result in the inclusion of state or local rules
or regulations into part 55, even though the same rules may ultimately
be disapproved for inclusion as part of the SIP. Inclusion in the part
55 rule does not imply that a state or local rule meets the
requirements of the CAA for SIP approval, nor does it imply that the
state or local rule will be approved by EPA for inclusion in the SIP.

II. Public Comment

    EPA did not receive comments on the proposed rulemaking published
on April 29, 2009 (74 FR 19472).

III. EPA Action

    In this document, EPA takes final action to incorporate the
proposed changes into 40 CFR part 55. No changes were made to the
proposed action. EPA is approving the proposed action under section
328(a)(1) of the CAA, 42 U.S.C. 7627(a)(1). Section 328(a)(1) of the
CAA requires that EPA establish requirements to control air pollution
from OCS sources located within 25 miles of a State's seaward boundary
that are the same as would be applicable if the source were located in
the COA. To comply with this statutory mandate, EPA must incorporate
applicable COA rules into 40 CFR part 55 as they exist onshore.

IV. Statutory and Executive Order Reviews

    Under the section 328(a)(1) of the CAA, 42 U.S.C. 7627(a)(1), the
Administrator is required to establish requirements to control air
pollution from OCS sources located within 25 miles of States' seaward
boundary that are the same as onshore air control requirements. To
comply with this statutory mandate, EPA must incorporate applicable COA
rules into 40 CFR part 55 as they exist onshore. 42 U.S.C. 7627(a)(1);
40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA's role
is to maintain consistency between OCS regulations and the regulations
of the COA, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action updates the existing OCS requirements to make
them consistent with COA requirements, without the exercise of any
policy discretion by EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
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, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501
et seq., OMB has approved the information collection requirements
contained in 40 CFR part 55 and, by extension, this update to the
rules, and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (ICR) No. 1601.07 was
published in the Federal Register on February 17, 2009 (74 FR 7432).
The approval expires January 31, 2012. As EPA previously indicated (73
FR 66037 (November 6, 2008)), the annual public reporting and
recordkeeping burden for collection of information under 40 CFR part 55
is estimated to average 112 hours per response. Burden means the total
time, effort, or financial resources expended by persons to generate,
maintain, retain, or disclose or provide information to or for a
Federal agency. This includes the time needed to review instructions;
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, the table in 40
CFR part 9 of currently approved OMB control numbers for various
regulations lists the regulatory citations for the information
requirements contained in 40 CFR part 55.
    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 13, 2009. Filing a
petition for reconsideration by the Administrator of this final rule to
incorporate updates to the OCS requirements for Delaware does not
affect the finality of this action for the purposes of judicial review
nor does it extend the time within which a petition for judicial review
may be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

     Dated: July 16, 2009.
William C. Early,
Acting Regional Administrator, Region III.

0
Title 40, chapter I of the Code of Federal Regulations, is proposed to
be amended as follows:

PART 55--[AMENDED]

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

0
2. Section 55.14 is amended as follows:
0
a. By adding paragraph (d)(5).
0
b. By revising paragraph (e) introductory text.
0
c. By adding paragraph (e)(5).

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (d) * * *
    (5) Delaware.
    (i) 40 CFR part 52, subpart I.
    (ii) [Reserved].
* * * * *
    (e) State and local requirements. State and local requirements
promulgated by EPA as applicable to OCS sources located within 25 miles
of States' seaward boundaries have been compiled into separate
documents organized by State and local areas of jurisdiction. These
documents, set forth below, are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov/
federal_register/code _of_federal_regulations/ibr_locations.html.
Copies of rules pertaining to particular States or local areas may be
inspected or obtained from the EPA Air Docket (A-91-76), U.S. EPA, room
M-1500, 401 M St., SW., Washington, DC 20460,<PHONE_NUMBER> or the
appropriate EPA regional offices: U.S. EPA, Region I (Massachusetts)
One Congress Street, Boston, MA 02114-2023,<PHONE_NUMBER>; U.S. EPA,
Region III (Delaware) 1650 Arch Street, Philadelphia, PA 19103, (215)
814-5000; U.S. EPA, Region 4 (Florida and North Carolina), 61 Forsyth
Street, Atlanta, GA 30303,<PHONE_NUMBER>; U.S. EPA, Region 9
(California), 75 Hawthorne Street, San Fransisco, CA 94105, (415) 947-
8000; and U.S. EPA Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA
98101,<PHONE_NUMBER>. For an informational listing of the State and
local requirements incorporated into this part, which are applicable to
sources of air pollution located on the OCS, see appendix A to this
part.
* * * * *
    (5) Delaware.
    (i) State requirements.
    (A) State of Delaware Requirements Applicable to OCS Sources,
December 19, 2008.
    (B) [Reserved].
    (ii) Local requirements.
    (A) [Reserved].
* * * * *

0
3. Appendix A to part 55 is amended by adding an entry for Delaware in
alphabetical order to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, by State

* * * * *
    Delaware
    (a) State requirements.
    (1) The following State of Delaware requirements are applicable
to OCS Sources, December 19, 2008, State of Delaware--Department of
Natural Resources and Environmental Control. The following sections
of 7 DE Admin. Code 1100--Air Quality Management Section:

7 DE Admin. Code 1101: Definitions and Administrative Principles

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Definitions (Effective 09/11/1999)
Section 3.0: Administrative Principles (02/01/1981)
Section 4.0: Abbreviations (Effective 02/01/1981)

7 DE Admin. Code 1102: Permits

Section 1.0: General Provisions (Effective 06/11/2006)
Section 2.0: Applicability (Effective 06/11/2006)
Section 3.0: Application/Registration Prepared by Interested Party
(Effective 06/01/1997)
Section 4.0: Cancellation of Construction Permits (Effective 06/01/
1997)
Section 5.0: Action on Applications (Effective 06/01/1997)
Section 6.0: Denial, Suspension or Revocation of Operating Permits
(Effective 06/11/2006)
Section 7.0: Transfer of Permit/Registration Prohibited (Effective
06/01/1997)
Section 8.0: Availability of Permit/Registration (Effective 06/01/
1997)
Section 9.0: Registration Submittal (Effective 06/01/1997)
Section 10.0: Source Category Permit Application (Effective 06/01/
1997)
Section 11.0: Permit Application (Effective 06/11/2006)
Section 12.0: Public Participation (Effective 06/11/2006)
Section 13.0: Department Records (Effective 06/01/1997)
Section 1102: Appendix A (Effective 06/11/2006)

7 DE Admin. Code 1103: Ambient Air Quality Standards

Section 1.0: General Provisions (Effective 09/11/1999)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Suspended Particulates (Effective 02/01/1981)
Section 4.0: Sulfur Dioxide (Effective 02/01/1981)
Section 5.0: Carbon Monoxide (Effective 02/01/1981)
Section 6.0: Ozone (Effective 09/11/1999)
Section 7.0: Hydrocarbons (Effective 02/01/1981)
Section 8.0: Nitrogen Dioxide (Effective 02/01/1981)
Section 9.0: Hydrogen Sulfide (Effective 02/01/1981)
Section 10.0: Lead (Effective 02/01/1981)
Section 11.0: PM10 and PM2.5 Particulates (Effective 2/11/2003)

7 DE Admin. Code 1104: Particulate Emissions From Fuel Burning
Equipment

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Emission Limits (Effective 02/01/1981)

7 DE Admin. Code 1105: Particulate Emissions From Industrial Process
Operations

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: General Restrictions (Effective 02/01/1981)
Section 3.0: Restrictions on Hot Mix Asphalt Batching Operations
(Effective 02/01/1981)
Section 4.0: Restrictions on Secondary Metal Operations (Effective
02/01/1981)
Section 5.0: Restrictions on Petroleum Refining Operations
(Effective 02/01/1981)
Section 6.0: Restrictions on Prill Tower Operations (Effective 02/
01/1981)
Section 7.0: Control of Potentially Hazardous Particulate Matter
(Effective 02/01/1981)

7 DE Admin. Code 1106: Particulate Emissions From Construction and
Materials Handling

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Demolition (Effective 02/01/1981)
Section 3.0: Grading, Land Clearing, Excavation and Use of Non-Paved
Roads (Effective 02/01/1981)
Section 4.0: Material Movement (Effective 02/01/1981)
Section 5.0: Sandblasting (Effective 02/01/1981)
Section 6.0: Material Storage (Effective 02/01/1981)

7 DE Admin. Code 1107: Emissions From Incineration of Noninfectious
Waste

Section 1.0: General Provisions (Effective 10/13/1989)
Section 2.0: Restrictions (Effective 10/13/1989)

7 DE Admin. Code 1108: Sulfur Dioxide Emissions From Fuel Burning
Equipment

Section 1.0: General Provisions (Effective 12/08/1983)
Section 2.0: Limit on Sulfur Content of Fuel (Effective 05/09/1985)
Section 3.0: Emission Control in Lieu of Sulfur Content Limits of
2.0 of This Regulation (Effective 05/09/1985)

7 DE Admin. Code 1109: Emissions of Sulfur Compounds From Industrial
Operations

Section 1.0: General Provisions (Effective 05/09/1985)
Section 2.0: Restrictions on Sulfuric Acid Manufacturing Operations
(Effective 02/01/1981)
Section 3.0: Restriction on Sulfuric Recovery Operations (Effective
02/01/1981)
Section 4.0: Stack Height Requirements (Effective 02/01/1981)

7 DE Admin. Code 1110: Emissions of Sulfur Compounds From Industrial
Operations

Section 1.0: Requirements for Existing Sources of Sulfur Dioxide
(Effective 01/18/1981)
Section 2.0: Requirements for New Sources of Sulfur Dioxide
(Effective 02/01/1981)

7 DE Admin. Code 1111: Carbon Monoxide Emissions From Industrial
Process Operations, New Castle County

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Restrictions on Petroleum Refining Operations
(Effective 02/01/1981)

7 DE Admin. Code 1112: Control of Nitrogen Oxide Emissions

Section 1.0: Applicability (Effective 11/24/1993)
Section 2.0: Definitions (Effective 11/24/1993)
Section 3.0: Standards (Effective 11/24/1993)
Section 4.0: Exemptions (Effective 11/24/1993)
Section 5.0: Alternative and Equivalent RACT Determinations (11/24/
1993)
Section 6.0: RACT Proposals (11/24/1993)
Section 7.0: Compliance Certification, Recordkeeping, and Reporting
Requirements (Effective 11/24/1993)

7 DE Admin. Code 1113: Open Burning

Section 1.0: Purpose (Effective 04/11/2007)
Section 2.0: Applicability (Effective 04/11/2007)
Section 3.0: Definitions (Effective 04/11/2007)
Section 4.0: Prohibitions and Related Provisions (Effective 04/11/
2007)
Section 5.0: Season and Time Restrictions (Effective 04/11/2007)
Section 6.0: Allowable Open Burning (Effective 04/11/2007)
Section 7.0: Exemptions (Effective 04/11/2007)

7 DE Admin. Code 1114: Visible Emissions

Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Requirements (Effective 07/17/1984)
Section 3.0: Alternate Opacity Requirements (Effective 07/17/1984)
Section 4.0: Compliance With Opacity Standards (Effective 07/17/
1984)

7 DE Admin. Code 1115: Air Pollution Alert and Emergency Plan

Section 1.0: General Provisions (Effective 07/17/1984)
Section 2.0: Stages and Criteria (Effective 03/29/1988)
Section 3.0: Required Actions (Effective 02/01/1981)
Section 4.0: Standby Plans (Effective 02/01/1981)

7 DE Admin. Code 1116: Sources Having an Interstate Air Pollution
Potential

Section 1.0: General Provisions (Effective 02/01/1981)
Section 2.0: Limitations (Effective 02/01/1981)
Section 3.0: Requirements (Effective 02/01/1981)

7 DE Admin. Code 1117: Source Monitoring, Recordkeeping and Reporting

Section 1.0: Definitions and Administrative Principals (Effective
01/11/1993)
Section 2.0: Sampling and Monitoring (Effective 07/17/1984)
Section 3.0: Minimum Emissions Monitoring Requirements For Existing
Sources (Effective 07/17/1984)
Section 4.0: Performance Specifications (Effective 07/17/1984)
Section 5.0: Minimum Data Requirements (Effective 07/17/1984)
Section 6.0: Data Reduction (Effective 07/17/1984)
Section 7.0: Emission Statement (Effective 01/11/1993)

7 DE Admin. Code 1120: New Source Performance Standards

Section 1.0: General Provisions (Effective 12/07/1988)
Section 2.0: Standards of Performance for Fuel Burning Equipment
(Effective 04/18/1983)
Section 3.0: Standards of Performance for Nitric Acid Plants
(Effective 04/18/1983)
Section 5.0: Standards of Performance for Asphalt Concrete Plants
(Effective 04/18/1983)
Section 6.0: Standards of Performance for Incinerators (Effective
04/18/1983)
Section 7.0: Standards of Performance for Sewage Treatment Plants
(Effective 04/18/1983)
Section 8.0: Standards of Performance for Sulfuric Acid Plants
(Effective 04/18/1983)
Section 9.0: Standards of Performance for Electric Utility Steam
Generating Units for Which Construction is Commenced After September
18, 1978 (Effective 04/18/1983)
Section 10.0: Standards of Performance for Stationary Gas Turbines
(Effective 11/27/1985)
Section 11.0: Standards of Performance for Petroleum Refineries
(Effective 11/27/1985)
Section 12.0: Standards of Performance for Steel Plants: Electric
Arc Furnaces (Effective 11/27/1985)
Section 20.0: Standards of Performance for Bulk Gasoline Terminals
(Effective 11/27/1985)
Section 22.0: Standards of Performance for Equipment Leaks at
Petroleum Refineries (Effective 11/27/1985)
Section 27.0: Standards of Performance for Volatile Organic Liquid
Storage Vessels (Including Petroleum Liquid Storage Vessels) for
Which Construction, Reconstruction, or Modification Commenced after
July 23, 1984 (Effective 12/07/1988)
Section 29.0: Standards of Performance for Hospital/Medical/
Infectious Waste Incinerators (Effective 09/11/1998)

7 DE Admin. Code 1122: Restriction on Quality of Fuel in Fuel Burning
Equipment

Section 1.0: Prohibition of Waste Oil (Effective 11/27/1985)

7 DE Admin. Code 1124: Control of Volatile Organic Compounds

Section 1.0: General Provisions (Effective 01/11/1993)
Section 2.0: Definitions (Effective 01/11/2002)
Section 3.0: Applicability (Effective 01/11/1993)
Section 4.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for Coating Sources (Effective 11/29/1994)
Section 5.0: Compliance, Certification, Recordkeeping, and Reporting
Requirements for Non-Coating Sources (Effective 01/11/1993)
Section 6.0: General Recordkeeping (Effective 01/11/1993)

Section 7.0: Circumvention (Effective 01/11/1993)
Section 8.0: Handling, Storage, and Disposal of Volatile Organic
Compounds (VOCs) (Effective 11/29/1994)
Section 9.0: Compliance, Permits, Enforceability (Effective 01/11/
1993)
Section 10.0: Aerospace Coatings (Effective 08/11/2002)
Section 11.0: Mobile Equipment Repair and Refinishing (Effective 11/
11/2001)
Section 12.0: Surface Coating of Plastic Parts (Effective 11/29/
1994)
Section 13.0: Automobile and Light-Duty Truck Coating Operations
(Effective 01/11/1993)
Section 14.0: Can Coating (Effective 01/11/1993)
Section 15.0: Coil Coating (Effective 01/11/1993)
Section 16.0: Paper Coating (Effective 01/11/1993)
Section 17.0: Fabric Coating (Effective 01/11/1993)
Section 18.0: Vinyl Coating (Effective 01/11/1993)
Section 19.0: Coating of Metal Furniture (Effective 01/11/1993)
Section 20.0: Coating of Large Appliances (Effective 01/11/1993)
Section 21.0: Coating of Magnet Wire (Effective 01/11/1993)
Section 22.0: Coating of Miscellaneous Parts (Effective 01/11/1993)
Section 23.0: Coating of Flat Wood Paneling (Effective 01/11/1993)
Section 24.0: Bulk Gasoline Plants (Effective 01/11/1993)
Section 25.0: Bulk Gasoline Terminals (Effective 11/29/1994)
Section 26.0: Gasoline Dispensing Facility Stage I Vapor Recovery
(Effective 01/11/2002)
Section 27.0: Gasoline Tank Trucks (Effective 01/11/1993)
Section 28.0: Petroleum Refinery Sources (Effective 01/11/1993)
Section 29.0: Leaks from Petroleum Refinery Equipment (Effective 11/
29/1994)
Section 30.0: Petroleum Liquid Storage in External Floating Roof
Tanks (Effective 11/29/1994)
Section 31.0: Petroleum Liquid Storage in Fixed Roof Tanks
(Effective 11/29/1994)
Section 32.0: Leaks from Natural Gas/Gasoline Processing Equipment
(Effective 11/29/1994)
Section 33.0: Solvent Cleaning and Drying (Effective 11/11/2001)
Section 34.0: Cutback and Emulsified Asphalt (Effective 01/11/1993)
Section 35.0: Manufacture of Synthesized Pharmaceutical Products
(Effective 11/29/1994)
Section 36.0: Stage II Vapor Recovery (Effective 01/11/2002)
Section 37.0: Graphic Arts Systems (Effective 11/29/1994)
Section 38.0: Petroleum Solvent Dry Cleaners (Effective 01/11/1993)
Section 40.0: Leaks from Synthetic Organic Chemical, Polymer, and
Resin Manufacturing Equipment (Effective 01/11/1993)
Section 41.0: Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins (Effective 01/11/1993)
Section 42.0: Air Oxidation Processes in the Synthetic Organic
Chemical Manufacturing Industry (Effective 01/11/1993)
Section 43.0: Bulk Gasoline Marine Tank Vessel Loading Facilities
(Effective 08/08/1994)
Section 44.0: Batch Processing Operations (Effective 11/29/1994)
Section 45.0: Industrial Cleaning Solvents (Effective 11/29/1994)
Section 46.0: Crude Oil Lightering Operations (Effective 05/11/2007)
Section 47.0: Offset Lithographic Printing (Effective 11/29/1994)
Section 48.0: Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry (Effective 11/29/
1994)
Section 49.0: Control of Volatile Organic Compound Emissions from
Volatile Organic Liquid Storage Vessels (Effective 11/29/1994)
Section 50.0: Other Facilities that Emit Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)

7 DE Admin. Code 1124: Control of Organic Compound Emissions

Appendix A: General Provisions: Test Methods and Compliance
Procedures (Effective 11/29/1994)
Appendix B: Determining the Volatile Organic Compound (VOC) Content
of Coatings and Inks (Effective 11/29/1994)
Appendix C: Alternative Compliance Methods for Surface Coating
(Effective 11/29/1994)
Appendix D: Emission Capture and Destruction or Removal Efficiency
and Monitoring Requirements (Effective 11/29/1994)
Method 30: Criteria for and Verification of a Permanent or Temporary
Total Enclosure (Effective 11/29/1994)
Method 30A: Volatile Organic Compounds Content in Liquid Input
Stream (Effective 11/29/1994)
Method 30B: Volatile Organic Compounds Emissions in Captured Stream
(Effective 11/29/1994)
Method 30C: Volatile Organic Compounds Emissions in Captured Stream
(Dilution Technique) (Effective 11/29/1994)
Method 30D: Volatile Organic Compounds Emissions in Fugitive Stream
from Temporary Total Enclosure (Effective 11/29/1994)
Method 30E: Volatile Organic Compounds Emissions in Fugitive Stream
from Building Enclosure (Effective 11/29/1994)
Appendix E: Determining the Destruction or Removal Efficiency of a
Control Device (Effective 11/29/1994)
Appendix F: Leak Detection Methods for Volatile Organic Compounds
(VOCs) (Effective 11/29/1994)
Appendix G: Performance Specifications for Continuous Emissions
Monitoring of Total Hydrocarbons (Effective 11/29/1994)
Appendix H: Quality Control Procedures for Continuous Emission
Monitoring Systems (CEMS) (Effective 11/29/1994)
Appendix I: Method to Determine Length of Rolling Period for Liquid/
Liquid Material Balance (Effective 11/29/1994)
Appendix K: Emissions Estimation Methodologies (Effective 11/29/
1994)
Appendix L: Method to Determine Total Organic Carbon for Offset
Lithographic Solutions (Effective 11/29/1994)
Appendix M: Test Method for Determining the Performance of
Alternative Cleaning Fluids (Effective 11/29/1994)

7 DE Admin. Code 1125: Requirements for Preconstruction Review

Section 1.0: General Provisions (Effective 08/11/2005)
Section 2.0: Emission Offset Provisions (EOP) (Effective 08/11/2005)
Section 3.0: Prevention of Significant Deterioration of Air Quality
(Effective 08/11/2005)
Section 4.0: Minor New Source Review (MNSR) (Effective 08/11/2005)

7 DE Admin. Code 1127: Stack Heights

Section 1.0: General Provisions (Effective 07/06/1982)
Section 2.0: Definitions Specific to this Regulation (Effective 12/
07/1988)
Section 3.0: Requirements for Existing and New Sources (Effective
02/18/1987)
Section 4.0: Public Notification (Effective 02/18/1987)

7 DE Admin. Code 1129: Emissions From Incineration of Infectious Waste

Section 1.0: General Provisions (10/13/1989)
Section 2.0: Exemptions (Effective 10/13/1989)
Section 3.0: Permit Requirements (Effective 10/13/1989)
Section 4.0: Methods of Treatment and Disposal (Effective 10/13/
1989)
Section 5.0: Recordkeeping and Reporting Requirements (Effective 10/
13/1989)
Section 6.0: Evidence of Effectiveness of Treatment (Effective 10/
13/1989)
Section 7.0: Incineration (Effective 10/13/1989)

7 DE Admin. Code 1130: Title V State Operating Permit Program

Section 1.0: Program Overview (Effective 11/15/1993)
Section 2.0: Definitions (Effective 11/15/1993)
Section 3.0: Applicability (Effective 11/15/1993)
Section 5.0: Permit Applications (Effective 11/15/1993)
Section 6.0: Permit Contents (Effective 12/11/2000)
Section 7.0: Permit Issuance, Renewal, Reopening, And Revisions
(Effective 12/11/2000)
Section 8.0: Permit Review by EPA and Affected States (Effective 11/
15/1993)
Section 9.0: Permit Fees (Effective 11/15/1993)
Appendix A: Insignificant Activities (Effective 11/15/1993)

7 DE Admin. Code 1132: Transportation Conformity

Section 1.0: Purpose (Effective 11/11/2007)
Section 2.0: Definitions (Effective 11/11/2007)
Section 3.0: Consultation (Effective 11/11/2007)
Section 4.0: Written Commitments for Control and Mitigation Measures
(Effective 11/11/2007)

7 DE Admin Code 1134: Emission Banking and Trading Program

Section 1.0: Program Overview (Effective 10/06/1997)
Section 2.0: Definitions (Effective 10/06/1997)
Section 3.0: Applicability (Effective 10/06/1997)
Section 4.0: Generating an Emission Reduction (Effective 10/06/1997)
Section 5.0: Application for Certification of an Emission Reduction
as an ERC (Effective 10/06/1997)
Section 6.0: Source Baseline (Effective 10/06/1997)
Section 7.0: Post-Reduction Emission rate (Effective 10/06/1997)
Section 8.0: Certification of an Emission Reduction (Effective 10/
06/1997)
Section 9.0: Trading and Use of ERCs (Effective 10/06/1997)
Section 10.0: Record Keeping Requirements (Effective 10/06/1997)
Section 11.0: ERC Banking System (Effective 10/06/1997)
Section 12.0: Fees (Effective 10/06/1997)
Section 13.0: Enforcement (Effective 10/06/1997)
Section 14.0: Program Evaluation and Individual Audits (Effective
10/06/1997)

7 DE Admin. Code 1135: Conformity of General Federal Actions to the
State Implementation Plans

Section 1.0: Purpose (Effective 08/14/1996)
Section 2.0: Definitions (Effective 08/14/1996)
Section 3.0: Applicability (Effective 08/14/1996)
Section 4.0: Conformity Analysis (Effective 08/14/1996)
Section 5.0: Reporting Requirements (Effective 08/14/1996)
Section 6.0: Public Participation and Consultation (Effective 08/14/
1996)
Section 7.0: Frequency of Conformity Determinations (Effective 08/
14/1996)
Section 8.0: Criteria for Determining Conformity of General Federal
Actions (Effective 08/14/1996)
Section 9.0: Procedures for Conformity Determinations of General
Federal Actions (Effective 08/14/1996)
Section 10.0: Mitigation of Air Quality Impacts (Effective 08/14/
1996)
Section 11.0: Savings Provisions (Effective 08/14/1996)

7 DE Admin. Code 1139: Nitrogen Oxides (NOX) Budget Trading
Program

Section 1.0: Purpose (Effective 12/11/2000)
Section 2.0: Emission Limitation (Effective 12/11/2000)
Section 3.0: Applicability (Effective 12/11/2000)
Section 4.0: Definitions (Effective 12/11/2000)
Section 5.0: General Provisions (Effective 12/11/2000)
Section 6.0: NOX Authorized Account Representative for
NOX Budget Sources (Effective 12/11/2000)
Section 7.0: Permits (Effective 12/11/2000)
Section 8.0: Monitoring and Reporting (Effective 12/11/2000)
Section 9.0: NATS (Effective 12/11/2000)
Section 10.0: NOX Allowance Transfers (Effective 12/11/
2000)
Section 11.0: Compliance Certification (Effective 12/11/2000)
Section 12.0: End-of-Season Reconciliation (Effective 12/11/2000)
Section 13.0: Failure to Meet Compliance Requirements (Effective 12/
11/2000)
Section 14.0: Individual Units Opt-Ins (Effective 12/11/2000)
Section 15.0: General Accounts (Effective 12/11/2000)
Appendix A: Allowance Allocations to NOX Budget Units
under <IP_ADDRESS> and <IP_ADDRESS> of DE Admin. Code 1139 (Effective 02/11/
2000)
Appendix B: 7 DE Admin. Code 1137--7 DE Admin. Code 1139 Program
Transition (Effective 02/11/2000)

7 DE Admin. Code 1140: Delaware's National Low Emission Vehicle (NLEV)
Regulation

Section 1.0: Applicability (Effective 09/11/1999)
Section 2.0: Definitions (Effective 09/11/1999)
Section 3.0: Program Participation (Effective 09/11/1999)

7 DE Admin. Code 1142: Specific Emission Control Requirements

Section 1.0: Control of NOX Emissions from Industrial
Boilers (Effective 12/12/2001)

7 DE Admin. Code 1143: Heavy Duty Diesel Engine Standards

Section 1.0: On Road Heavy Duty Diesel Requirements for Model Years
2005 and 2006 (Effective 02/11/2005)
Section 2.0: On Road Heavy Duty Diesel Requirements for Model Year
2007 and Later (Effective 02/11/2005)

7 DE Admin. Code 1144: Control of Stationary Generator Emissions \1\
---------------------------------------------------------------------------

    \1\ All sections for 7 DE Admin. Code 1144: Control of
Stationary Generator Emissions shall be incorporated by reference
into 40 CFR part 55 except for all references to Carbon Dioxide
(CO2).
---------------------------------------------------------------------------

Section 1.0: General (Effective 01/11/2006)
Section 2.0: Definitions (Effective 01/11/2006)
Section 3.0: Emissions (Effective 01/11/2006)
Section 4.0: Operating Requirements (Effective 01/11/2006)
Section 5.0: Fuel Requirements (Effective 01/11/2006)
Section 7.0: Emissions Certification, Compliance, and Enforcement
(Effective 01/11/2006)
Section 8.0: Credit for Concurrent Emissions Reductions (Effective
01/11/2006)
Section 9.0: DVFA Member Companies (Effective 01/11/2006)

7 DE Admin. Code 1145: Excessive Idling of Heavy Duty Vehicles

Section 1.0: Applicability (Effective 04/11/2005)
Section 2.0: Definitions (Effective 04/11/2005)
Section 3.0: Severability (Effective 04/11/2005)
Section 4.0: Operational Requirements for Heavy Duty Motor Vehicles
(Effective 04/11/2005)
Section 5.0: Exemptions (Effective 04/11/2005)
Section 6.0: Enforcement and Penalty (Effective 04/11/2005)

7 DE Admin. Code 1146: Electric Generating Unit (EGU) Multi-Pollutant
Regulation

Section 1.0: Preamble (Effective 12/11/2006)
Section 2.0: Applicability (Effective 12/11/2006)
Section 3.0: Definitions (Effective 12/11/2006)
Section 4.0: NOX Emissions Limitations (Effective 12/11/
2006)
Section 5.0: SO2 Emissions Limitations (Effective 12/11/
2006)
Section 6.0: Mercury Emissions Limitations (Effective 12/11/2006)
Section 7.0: Recordkeeping and Reporting (Effective 12/11/2006)
Section 8.0: Compliance Plan (Effective 12/11/2006)
Section 9.0: Penalties (Effective 12/11/2006)

7 DE Admin. Code 1148: Control of Stationary Combustion Turbine
Electric Generating Unit Emissions

Section 1.0: Purpose (Effective 07/11/2007)
Section 2.0: Applicability (Effective 07/11/2007)
Section 3.0: Definitions (Effective 07/11/2007)
Section 4.0: NOX Emissions Limitations (Effective 07/11/
2007)
Section 5.0: Monitoring and Reporting (Effective 07/11/2007)
Section 6.0: Recordkeeping (Effective 07/11/2007)
Section 7.0: Penalties (Effective 07/11/2007)
(2) [Reserved]
* * * * *

[FR Doc. E9-19324 Filed 8-11-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Page 35006]
[FR Doc No: 2011-14871]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0016]

Recovery Policy RP9523.4, Demolition of Private Structures

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on Recovery Policy RP9523.4, Demolition of Private Structures.

DATES: Comments must be received by July 15, 2011.

ADDRESSES: Comments must be identified by docket ID FEMA-2011-0016 and
may be submitted by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments. Please note that this proposed
policy is not a rulemaking and the Federal Rulemaking Portal is being
utilized only as a mechanism for receiving comments.
    Mail: Legislation, Regulations, & Policy Division, Office of Chief
Counsel, Federal Emergency Management Agency, Room 835, 500 C Street,
SW., Washington, DC 20472-3100.

FOR FURTHER INFORMATION CONTACT: Amanda Brown, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472,
<EMAIL_ADDRESS>202-646-3869.

SUPPLEMENTARY INFORMATION:

I. Public Participation

    Instructions: All submissions received must include the agency name
and docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice, which can be viewed by clicking on the ``Privacy Notice'' link
in the footer of http://www.regulations.gov.
    You may submit your comments and material by the methods specified
in the ADDRESSES section. Please submit your comments and any
supporting material by only one means to avoid the receipt and review
of duplicate submissions.
    Docket: The proposed policy is available in docket ID FEMA-2011-
0016. For access to the docket to read background documents or comments
received, go to the Federal eRulemaking Portal at http://www.regulations.gov and search for the docket ID. Submitted comments
may also be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C
Street, SW., Washington, DC 20472.

II. Background

    This policy provides guidance in determining the eligibility of
demolition of private structures under the provisions of the Public
Assistance Program. FEMA proposes to include the removal of slabs and/
or foundations that were part of a demolished structure as an eligible
demolition activity. This work is not eligible under FEMA's current
policy.
    FEMA seeks comment on the proposed policy, which is available
online at http://www.regulations.gov in docket ID FEMA-2011-0016. Based
on the comments received, FEMA may make appropriate revisions to the
proposed policy. Although FEMA will consider any comments received in
the drafting of the final policy, FEMA will not provide a response to
comments document. When or if FEMA issues a final policy, FEMA will
publish a notice of availability in the Federal Register and make the
final policy available at http://www.regulations.gov.

    Authority:  42 U.S.C. 5121-5207; 44 CFR part 206.

David J. Kaufman,
Director, Office of Policy and Program Analysis, Federal Emergency
Management Agency.
[FR Doc. 2011-14871 Filed 6-14-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: April 16, 2009 (Volume 74, Number 72)]
[Rules and Regulations]
[Page 17601-17603]
[DOCID:fr16ap09-6]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0154]
RIN 1625-AA00

Safety Zone; Sea World Spring Nights; Mission Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone, on the
navigable waters of Mission Bay in support of the Sea World Spring
Nights. This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port, or his designated
representative.

DATES: This rule is effective from 8:30 p.m. on April 4, 2009 through
9:30 p.m. on April 19, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0154 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0154
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
two locations: the Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays, and the Coast Guard
Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1064
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego, CA at telephone<PHONE_NUMBER>. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
ensure the safety of commercial and recreational vessels in the
vicinity of the fireworks display on the dates and times this rule will
be in effect and delay would be contrary to the public interests since
immediate action is needed to ensure the public's safety.
    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. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.

Background and Purpose

    Sea World is sponsoring the Sea World Spring Nights, which will
include a fireworks presentation from a barge in Mission Bay. The
safety zone will be a 600 foot radius around the

barge in approximate position 32[deg]46'03'' N, 117[deg]13'11'' W. This
temporary safety zone is necessary to provide for the safety of the
crew, spectators, participants, and other vessels and users of the
waterway.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8:30 p.m. to 9:30 p.m. on April 4, 2009 through April 19, 2009.
The limits of the safety zone will be a 600 foot radius around the
barge in approximate position 32[deg]46'03'' N, 117[deg]13'11'' W. The
safety zone is necessary to provide for the safety of the crew,
spectators, participants, and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
determination is based on the size and location of the safety zone.
Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the safety zone. Before the effective
period, the coast Guard will publish a local notice to mariners (LNM)
and will issue broadcast notice to mariners (BNM) alerts via marine
channel 16 VHF before the safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of

Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph (34)
(g), of the Instruction. This rule involves the establishment of a
safety zone around a pyrotechnics display barge. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add new temporary zone Sec.  165.T11-175 to read as follows:

Sec.  165.T11-175  Safety zone; Sea World Spring Nights; Mission Bay,
San Diego, California.

    (a) Location. The limits of the safety zone will include a 600 foot
radius around the barge in approximate position 32[deg]46'03''N,
117[deg]13'11''W.
    (b) Enforcement Period. This section will be enforced from 8:30
p.m. to 9:30 p.m. on April 4, 2009 through April 19, 2009. If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: April 2, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-8760 Filed 4-15-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Notices]
[Pages 75217-75220]
[FR Doc No: 2014-29498]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73821; File No. SR-NYSE-2014-65]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending Its Continued Listing
Requirements in Relation to the Late Filing of a Company's Annual
Report With the Securities and Exchange Commission as set Forth in
Section 802.01E of the Exchange's Listed Company Manual

December 11, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 4, 2014, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') 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 self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its continued listing requirements
in relation to the late filing of a company's annual report with the
Securities and Exchange Commission (``SEC'' or ``Commission'') as set
forth in Section 802.01E of the Exchange's Listed Company Manual (the
``Manual''). The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its continued listing requirements
in relation to the late filing of a company's annual report with the
SEC as set forth in Section 802.01E (the ``Late Filer Rule'') of the
Manual. As amended, the Late Filer Rule will (i) expand the rule to
impose a maximum period within which a company must file a late
quarterly report on Form 10-Q in order to maintain its listing and (ii)
clarify the Exchange's treatment of companies whose annual or quarterly
reports are defective at the time of filing or become defective at some
subsequent date.
    In its current form, the Late Filer Rule deems a listed company to
be delinquent in filing its annual report on Forms 10-K, 20-F, 40-F or
N-CSR with the SEC if it fails to submit the filing by the date such
report was required to be filed by the applicable form, or if a Form
12b-25 was timely filed with the SEC, the extended filing due date for
the annual report. During the six-month period from the date of such
delinquency, the Exchange monitors the company and the status of the
delinquent annual report, including through contact with the company,
until the filing delinquency is cured. If the company fails to cure
such delinquency within the initial six-month period, the Exchange may,
in its sole discretion, allow the company's securities to be traded for
up to an additional six-month period depending on the company's
specific circumstances. If the Exchange determines that an additional
trading period of up to six months is not appropriate, suspension and
delisting procedures are commenced in accordance with the procedures
set out in Section 804.00 of the Listed Company Manual.
    A company is not currently subject to the compliance periods set
forth in the Late Filer Rule in connection with a failure to timely
file a quarterly report

on Form 10-Q with the SEC.\4\ The Exchange now proposes to extend the
application of the rule to the late filing of Form 10-Qs. As proposed,
a company would be deemed to be a delinquent filer under the amended
rule as of the due date (or extended due date if a Form 12b-25 is
timely filed with the SEC) (the ``Filing Due Date'') of the first 10-Q
or annual report with respect to which a company incurs a delinquency
(a ``Late Filing Delinquency'').\5\ The Exchange will also deem a
company to have incurred a Late Filing Delinquency if it submits an
annual report or Form 10-Q to the SEC by the applicable Filing Due
Date, but such filing is deficient in some respect in meeting the
requirements of the applicable SEC form and the Exchange determines in
its sole discretion that such deficiency is material in nature.\6\
---------------------------------------------------------------------------

    \4\ While a company is not currently subject to the compliance
periods in the Late Filer Rule in connection with the failure to
timely file a Form 10-Q, such companies are subject to the
Exchange's late filer (or ``.LF'') indicator process. The .LF
indicator is appended to the company's trading symbol as
disseminated on the consolidated tape and to market data vendors and
the company's name is included on the late filer list on the
Exchange's Web site. The .LF indicator and web posting commence five
days after the due date or extended due date (if applicable) of the
first late annual report or Form 10-Q (unless the company has
submitted the required report within that five day period) and
continue until the company becomes current again with respect to all
required periodic reports.
    \5\ The annual report or quarterly report on Form 10-Q that
gives rise to a Late Filing Delinquency shall be referred to in the
Late Filer Rule as amended as the ``Delinquent Report.''
    \6\ The following is a non-exclusive list of elements that, if
missing from a filing, would cause the Exchange to deem the company
to have incurred a Late Filing Delinquency: The filing does not
include required financial statements or a required audit opinion; a
required financial statement audit opinion includes qualifying or
disclaiming language or the auditor provides an adverse financial
statement audit opinion; a required financial statement audit
opinion is unsigned or undated; there is a discrepancy between the
period end date for required financial statements and the date cited
in the related audit report; the company's auditor has not conducted
a SAS 100 review with respect to the company's Form 10-Q; required
chief executive officer or chief financial officer certifications
are missing; missing Sarbanes-Oxley Act Section 404 required
internal control report or auditor certification; the filing does
not comply with the applicable SEC XBRL requirements; or the filing
does not include signatures of officers or directors required by the
applicable form. In making this determination, the Exchange is
simply applying its own rules and is not making any judgment as to
the sufficiency of the filing in question for purposes of compliance
with any requirement under SEC rules.
---------------------------------------------------------------------------

    In addition, the Exchange proposes to clarify its treatment of a
company:
     That files its annual report without an audit report from
its independent auditor for any or all of the periods included in such
annual report (a ``Required Audit Report'' and the absence of a
Required Audit Report, a ``Required Audit Report Delinquency'');
     whose independent auditor withdraws a Required Audit
Report or the company files a Form 8-K with the SEC pursuant to Item
4.02(b) thereof disclosing that it has been notified by its independent
auditor that a Required Audit Report or completed interim review should
no longer be relied upon (a ``Required Audit Report Withdrawal
Delinquency''); or
     that files a Form 8-K with the SEC pursuant to Item
4.02(a) thereof to disclose that previously issued financial statements
should no longer be relied upon because of an error in such financial
statements or, in the case of a foreign private issuer, makes a similar
disclosure in a Form 6-K filed with the SEC or by other means (a ``Non-
Reliance Disclosure'') and, in either case, the company does not refile
all required corrected financial statements within 60 days of the
issuance of the Non-Reliance Disclosure (an ``Extended Non-Reliance
Disclosure Event'' and, together with a Late Filing Delinquency, a
Required Audit Report Delinquency and a Required Audit Report
Withdrawal Delinquency, a ``Filing Delinquency'').\7\
---------------------------------------------------------------------------

    \7\ For purposes of the cure periods described herein, an
Extended Non-Reliance Disclosure Event will be deemed to have
occurred on the date of original issuance of the Non-Reliance
Disclosure. If the Exchange believes that a company is unlikely to
refile all required corrected financial statements within 60 days
after a Non-Reliance Disclosure or that the errors giving rise to
such Non-Reliance Disclosure are particularly severe in nature, the
Exchange may, in its sole discretion, determine earlier than 60 days
that the applicable company has incurred a Filing Delinquency as a
result of such Non-Reliance Disclosure.
---------------------------------------------------------------------------

    Upon the occurrence of a Filing Delinquency, the Exchange will
promptly (typically within five business days) send written
notification to a company of its procedures relating to late filings.
During the six-month period from the date of the Filing Delinquency
(the ``Initial Cure Period''), the Exchange will monitor the company
and the status of the Delinquent Report and any subsequent annual
report or quarterly report on Form 10-Q the company fails to file by
the applicable Filing Due Date (a ``Subsequent Report''), through
contact with the company, until the Filing Delinquency is cured.\8\ If
the company fails to cure the Filing Delinquency within the Initial
Cure Period, the Exchange may, in its sole discretion, allow the
company's securities to be traded for up to an additional six-month
period (the ``Additional Cure Period'') depending on the company's
specific circumstances. If the Exchange determines that an Additional
Cure Period is not appropriate, suspension and delisting procedures
will commence in accordance with the procedures set out in Section
804.00 of the Listed Company Manual. A company is not eligible to
follow the procedures outlined in Sections 802.02 and 802.03 with
respect to this criterion. Notwithstanding the foregoing, however, the
Exchange may in its sole discretion decide (i) not to afford a company
any Initial Cure Period or Additional Cure Period, as the case may be,
at all or (ii) at any time during the Initial Cure Period or Additional
Cure Period, as the case may be, to truncate the Initial Cure Period or
Additional Cure Period, as the case may be, and immediately commence
suspension and delisting procedures if the company is subject to
delisting pursuant to any other provision of the Listed Company Manual,
including if the Exchange believes, in its sole discretion, that
continued listing and trading of a company's securities on the Exchange
is inadvisable or unwarranted in accordance with Sections 802.01A,
802.01B, 802.01C or 802.01D of the Listed Company Manual. The Exchange
may also commence suspension and delisting procedures if it believes,
in its sole discretion, that it is advisable to do so on the basis of
an analysis of all relevant factors, including, but not limited to, the
following:
---------------------------------------------------------------------------

    \8\ Under the Late Filer Rule as amended, a company that has an
uncured Filing Delinquency will not incur an additional Filing
Delinquency if it fails to file a Subsequent Report by the
applicable Filing Due Date. However, in order to cure its initial
Filing Delinquency, no Subsequent Report may be delinquent or
deficient on the date by which the initial Filing Delinquency is
required to be cured.
---------------------------------------------------------------------------

     Whether there are allegations of financial fraud or other
illegality in relation to the company's financial reporting;
     the resignation or termination by the company of the
company's independent auditor due to a disagreement;
     any extended delay in appointing a new independent auditor
after a prior auditor's resignation or termination;
     the resignation of members of the company's audit
committee or other directors;
     the resignation or termination of the company's chief
executive officer, chief financial officer or other key senior
executives;
     any evidence that it may be impossible for the company to
cure its Filing Delinquency within the cure periods otherwise available
under the Late Filer Rule; and
     any past history of late filings.
    In determining whether an Additional Cure Period after the
expiration of the Initial Cure Period is appropriate, the

Exchange will consider the likelihood that the Delinquent Report and
all Subsequent Reports can be filed or refiled, as applicable, during
the Additional Cure Period, as well as the company's general financial
status, based on information provided by a variety of sources,
including the company, its audit committee, its outside auditors, the
staff of the SEC and any other regulatory body. The Exchange strongly
encourages companies to provide ongoing disclosure on the status of the
Delinquent Report and any Subsequent Reports to the market through
press releases, and will also take the frequency and detail of such
information into account in determining whether an additional trading
period is appropriate.
    If the Exchange determines that an Additional Cure Period is
appropriate and the company fails to file the Delinquent Report and all
Subsequent Reports by the end of such additional period, suspension and
delisting procedures will commence immediately in accordance with the
procedures set out in Section 804.00. In no event will the Exchange
continue to trade a company's securities if (i) it has failed to cure
its Filing Delinquency and (ii) is not current with all Subsequent
Reports, on the date that is twelve months after its initial Filing
Delinquency.
    The Exchange proposes that the revised Late Filer Rule will become
operative on March 1, 2015. Accordingly, the current provisions of
Section 802.01E of the Manual will be applicable to any listed company
that fails to timely file an annual report (Forms 10-K, 20-F, 40-F or
N-CSR) prior to March 1, 2015. On or after March 1, 2015, any listed
company that fails to timely file an annual report (Forms 10-K, 20-F,
40-F or N-CSR) or quarterly report on Form 10-Q will be subject to the
amended provisions of Section 802.01E. Any listed company that is late
as of March 1, 2015, in filing a Form 10-Q with a due date prior to
that date will not be subject to the proposed amended rule with respect
to that filing. However, any such company will be subject to the
proposed amended rule with respect to any periodic report it does not
file on a timely basis whose due date is on or after March 1, 2015.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular in that it
is designed 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.
The Exchange believes that the proposed amendment is consistent with
the investor protection objectives of Section 6(b)(5) because: (i) It
strengthens the Exchange's continued listing requirements with respect
to delinquent SEC filings by deeming companies delinquent if they fail
to file their annual report or Form 10-Q on a timely basis and by
subjecting companies to the late filer process if there are material
inadequacies in their required annual or quarterly filings; and (ii)
the more stringent requirements will encourage listed companies to
submit timely and compliant periodic reports to the SEC.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 purpose of the Act. The proposed rule change does
not affect competition in any way, but rather simply seeks to protect
investors by insuring that companies cannot remain listed for any
extended period of time without appropriately filing their required
periodic financial reports with the SEC.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2014-65 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-NYSE-2014-65. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2014-65 and should be
submitted on or before January 7, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-29498 Filed 12-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Pages 23821-23823]
[FR Doc No: 2019-10752]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85888; File No. SR-NYSEARCA-2019-37]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE
Arca Equities Fees and Charges To Adopt a Higher Credit for the Tier 2
Pricing Tier

May 17, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 10, 2019, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the NYSE Arca Equities Fees and
Charges (``Fee Schedule'') to adopt a higher credit for the Tier 2
pricing tier. The Exchange proposes to implement the fee changes
effective May 10, 2019.\4\ The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Fee Schedule on
April 30, 2019 (SR-NYSEArca-2019-31) and withdrew such filing on May
10, 2019.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to adopt a higher
credit for Tier 2. The Exchange proposes to implement the fee changes
effective May 10, 2019.
    The Exchange proposes to adopt a higher credit for a current
pricing tier--Tier 2--for securities with a per share price $1.00 or
above.
    Currently, a Tier 2 credit of $0.0029 per share for orders in Tape
A and Tape C Securities that provide liquidity to the Book, and a
credit of $0.0022 per share for orders in Tape B Securities \5\ that
provide liquidity to the Book, applies to ETP Holders and Market Makers
that either (1) provide liquidity an average daily share volume per
month of 0.30% or more, but less than 0.70% of the US CADV or (2)
provide liquidity of 0.10% of more of the US CADV per month, and are
affiliated with an OTP Holder or OTP Firm that provides an ADV of
electronic posted Customer and Professional Customer executions in all
issues on NYSE Arca Options (excluding mini options) of at least 1.50%
of total Customer equity and ETF option ADV as reported by The Options
Clearing Corporation (``OCC'').
---------------------------------------------------------------------------

    \5\ An additional credit applies to ETP Holders and Market
Makers affiliated with LMMs that provide displayed liquidity to the
Book based on the number of Less Active ETP Securities in which the
LMM is registered as the LMM. See LMM Transaction Fees and Credits
on the Fee Schedule for the applicable tiered credits.
---------------------------------------------------------------------------

    The Exchange proposes to adopt a higher credit of $0.0031 per share
for orders that provide liquidity in Tape A and Tape C Securities, and
$0.0024 per share for orders that provide liquidity in Tape B
Securities. The proposed higher credit would be applicable for orders
that provide displayed liquidity to the Book for ETP Holders and Market
Makers that meet the requirements of Tier 2 described above and, for
the billing month, (1) execute providing volume equal to at least 0.30%
of US CADV, (2) execute removing volume equal to at least 0.285% of US
CADV, and (3) execute Market-On-Close and Limit-On-Close Orders
executed in a Closing Auction of at least 0.075% of US CADV.
    For example, assume an ETP Holder posts an order for 1,000 shares
that provides liquidity to the Book. Assume further that 600 shares,
from the 1,000 shares that are posted and therefore are adding
liquidity, trade against an incoming order which would be removing
liquidity. The 600 share execution would be a product of two orders
interacting, one that provided liquidity and the contra order that
removed liquidity. The remaining 400 shares of that ETP Holder's adding
order would remain posted on the Book. The 600 shares of the adding
order that executed and added liquidity would count towards the
executed adding volume requirement of 0.30% of US CADV, the first prong
of the requirement. The 400 shares of that adding order that remain
unexecuted would not count towards the requirement.
    Further, assume the same ETP Holder sends an Immediate or Cancel
(``IOC'') order of 1,000 shares to the Exchange, of which 600 shares
execute against an order that was already resting on the Book. The 600
share execution would be a product of two orders interacting, one that
provided liquidity and the contra order that took liquidity. The 400
shares remaining of that IOC order that did not immediately execute
would cancel back to the ETP Holder that submitted the 1,000 share
order. The 600 shares of the IOC order that executed and removed
liquidity would count towards the executed removing volume requirement
of 0.285% of US CADV, the second prong of the requirement. The 400
shares of that IOC order that did not execute and was canceled would
not count towards the requirement.
    Additionally, assume an ETP Holder sends a Market-On-Close
(``MOC'') order of 2,000 shares to the Exchange for execution in the
Closing Auction. Further assume that 1,200 shares of that MOC order
executed in the Closing Auction, and the remaining 800 shares did not
execute and were canceled after the Closing Auction. The 1,200 shares
of that MOC order that executed and traded in the Closing Auction would
count towards the Market-On-Close and Limit-On-Close Orders executed in
a

Closing Auction requirement of at least 0.075% of US CADV, the third
prong of the requirement. The 800 shares of that MOC order that were
canceled would not count towards the requirement.
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed modification to adopt a
higher Tier 2 credit is reasonable because the proposed credit is
designed to encourage increased trading by ETP Holders and Market
Makers. The Exchange notes that ETP Holders and Market Makers that do
not meet the requirements to qualify for the higher credit may still
qualify for current Tier 2 credits if they meet the Tier 2
requirements. The Exchange further believes that the higher credit will
encourage ETP Holders and Market Makers to provide higher volumes of
MOC and Limit-On-Close (``LOC'') Orders, which will contribute to the
quality of the Exchange's Closing Auction and provide ETP Holders and
Market Makers that submit MOC and LOC Orders greater opportunity for
execution.
    The Exchange further believes the proposed higher credit is
reasonable and appropriate in that it is based on the amount of
business transacted on the Exchange. The Exchange believes the proposed
increased credit for adding liquidity is also reasonable because it
will encourage liquidity and competition in securities quoted and
traded on the Exchange.
    The Exchange also believes the proposed higher credit is equitable
and not unfairly discriminatory because it is open to all ETP Holders
and Market Makers on an equal basis and provides discounts that are
reasonably related to the value to the Exchange's market quality
associated with higher volumes. The Exchange further believes that the
proposed increased credit is not unfairly discriminatory because the
magnitude of the additional credit is not unreasonably high in
comparison to the credit paid with respect to other displayed
liquidity-providing orders. For example, for ETP Holders and Market
Makers that provide liquidity an average daily share volume per month
of 0.70% or more of the US CADV receive a Tier 1 credit of $0.0031 per
share for orders that provide liquidity in Tape A Securities, $0.0023
per share for orders that provide liquidity in Tape B Securities, and
$0.0032 per share for orders that provide liquidity for Tape C
Securities.
    The Exchange does not believe that it is unfairly discriminatory to
offer increased credits to ETP Holders and Market Makers as these
participants would be subject to additional volume requirements.
    The Exchange believes that the proposed fee change is equitable and
not unfairly discriminatory because providing incentives for orders in
exchange-listed securities that are executed on a registered national
securities exchange (rather than relying on certain available off-
exchange execution methods) would contribute to investors' confidence
in the fairness of their transactions and would benefit all investors
by deepening the Exchange's liquidity pool, supporting the quality of
price discovery, promoting market transparency and improving investor
protection.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposal
to adopt incremental credits for an existing pricing tier would
encourage the submission of additional liquidity to a public exchange,
thereby promoting price discovery and transparency and enhancing order
execution opportunities for ETP Holders and Market Makers. The Exchange
believes that this could promote competition between the Exchange and
other execution venues, including those that currently offer similar
order types and comparable transaction pricing, by encouraging
additional orders to be sent to the Exchange for execution.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed change will impair the
ability of ETP Holders or competing order execution venues to maintain
their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to

determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2019-37 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEARCA-2019-37. 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 10:00 a.m. and
3:00 p.m. Copies of the 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-NYSEARCA-2019-37 and should be submitted
on or before June 13, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10752 Filed 5-22-19; 8:45 am]
 BILLING CODE 8011-01-P