[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70687-70689]
[FR Doc No: 2015-29171]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0994]
RIN 1625-AA00

Safety Zone; Unknown Substance in the Vicinity of Kelley's Island
Shoal, Lake Erie; Kelley's Island, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Lake Erie in the vicinity of Kelley's Island Shoal, OH.
This zone is intended to restrict vessels from a portion of Lake Erie
due to the presence of an unknown substance emanating from an unknown
vessel. This temporary safety zone is necessary to protect people and
vessels from the hazards associated with this event.

DATES: This rule is effective without actual notice from November 16,
2015 until 8 p.m. November 24, 2015. For the purposes of enforcement,
actual notice will be used from 2 p.m. October 25, 2015, until November
16, 2015.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2015-0994 and are available online
by going to www.regulations.gov, type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this rulemaking. They are also available for
inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, contact or email LT Jennifer Disco, U.S. Coast
Guard Marine Safety Unit Toledo, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983

II. Background Information and Regulatory History

    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 doing so would be
impracticable. The Coast Guard received notification of the unknown
substance emanating from an unknown vessel on the evening of October
23, 2015. Thus, waiting for a notice and comment period to run would
inhibit the Coast Guard from protecting the public and vessels from the
possible hazards associated with this unknown substance.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port Detroit (COTP) has
determined that a temporary safety zone is necessary to ensure the
safety of vessels from the unknown hazards associated with this
substance. Such hazards include the possibility of an inhalation hazard
that may cause death or serious bodily harm.
    Establishing a safety zone to control vessel movements around the
location of the unknown substance will help ensure the safety of
persons and property during assessment and response activities and help
minimize the associated risks. Therefore, this rule will remain in
place for the time stated herein but will be canceled if response
activities cease before 24 November 2015.

IV. Discussion of Rule

    This rule establishes a safety zone from 2 p.m. on October 25, 2015
until 8 p.m. on November 24, 2015. The safety zone will encompass all
U.S. navigable waters of Lake Erie within a 1000 foot radius of
41[deg]38'21'' N., 82[deg]29'35'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP or a designated
representative. Vessel operators must contact the COTP or his on-scene
representative to obtain permission to transit through this safety
zone. The COTP or his on-scene representative may be contacted via VHF
Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short duration, and it
is designed to minimize the impact on navigation. Moreover, under
certain conditions, vessels may still transit through the safety zone
when permitted by the COTP.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in designated portions of Lake Erie from 2 p.m. on
October 25, 2015 until 8 p.m. on November 24, 2015.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, Coast Guard Sector Detroit will issue a local
Broadcast Notice to Mariners so vessel owners and operators can plan
accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above. The
Coast Guard will not retaliate against entities that question or
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Tribal Implications

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it would not have a substantial direct

effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
If you believe this rule has implications for federalism or Indian
tribes, please contact the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 involves the establishment of a safety zone and is therefore
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

H. Taking of Private Property

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

I. Civil Justice Reform

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

J. Protection of Children

    We have analyzed this rule under E.O. 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.

K. Energy Effects

    This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0994 to read as follows:

Sec.  165.T09-0994  Safety Zone; Unknown Substance in the Vicinity of
Kelley's Island Shoal, Lake Erie; Kelley's Island, OH.

    (a) Location. The following area is a temporary safety zone:
Unknown substance from an unknown vessel in the vicinity of Kelley's
Island Shoal, Lake Erie; Kelley's Island, OH. The safety zone will
encompass all U.S. navigable waters of Lake Erie within a 1000 foot
radius of 41[deg]38'21'' N, 82[deg]29'35'' W. All coordinates are North
American Datum 1983 (NAD 83).
    (b) Enforcement period. The safety zone described in paragraph (a)
of this section will be enforced from 2 p.m. on October 25, 2015 until
8 p.m. on November 24, 2015.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within these safety
zone is prohibited unless authorized by the Captain of the Port, Sector
Detroit (COTP) or his designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP, via the Command Center, or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.
    (4) Vessel operators must contact the COTP via the Command Center
to obtain permission to enter or operate within the safety zone. The
COTP may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP, via the Sector
Command Center or his on-scene representative.

    Dated: October 25, 2015.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-29171 Filed 11-13-15; 8:45 am]
 BILLING CODE 9110-04-P


Date: February 25, 2004 Subject: Cost, Environmental, and Energy Impacts Associated with Facilities Potentially Eligible for the Delisted Low Risk Subcategory of Plywood and Composite Wood Products Facilities EPA Contract No. 68 D 1 079; EPA Work Assignment No. 2 12 RTI Project No. 08550.002.012 From: Katie Hanks To: Mary Tom Kissell, ESD/ WCPG ( C439 03) U. S. Environmental Protection Agency Research Triangle Park, NC 27711 The final plywood and composite wood products ( PCWP) national emission standards for hazardous air pollutants ( NESHAP) contains criteria defining a subcategory of low risk PCWP facilities. Facilities that can demonstrate that they are part of this delisted low risk subcategory are not required to comply with the final rule. Therefore, the impacts of the final rule will be reduced. The change in environmental, energy, and economic impacts associated with inclusion of the low risk subcategory option in the final PCWP rule are summarized in this memorandum.

To estimate the potential baseline risks posed by the PCWP source category and the potential impact of a delisted low risk subcategory, EPA performed a rough risk assessment for 181 of the 223 major source facilities in the PCWP source category. All hazardous air pollutants ( HAP) emitted from PCWP facilities were included in the assessment. Of the 223 major sources, facilities where available location data were ambiguous or where all of their site specific information was requested to be treated as confidential were excluded from the analysis, leaving a total of 181 facilities in the assessment. For the risk assessment, EPA used baseline emission estimates ( developed using average emission factors and, if available, site specific process throughput data) and model PCWP emissions release characteristics as inputs into our Human Exposure Model ( HEM) to generate cancer and non cancer risk estimates for the 181 PCWP facilities. The risk assessment methodology is explained in detail in a separate memorandum. 1 Based on the results of this assessment, 147 facilities could potentially be eligible for inclusion in the delisted low risk subcategory based on a cancer risk level of one in a million and target organ specific hazard index ( TOSHI) limits of 1 for respiratory and central nervous system 2 ( CNS) effects, provided these assessments are confirmed by source specific demonstrations. Attachment 1 summarizes the HEM output for these 147 facilities. In addition, as discussed in the preamble to the final PCWP rule, EPA determined that eight facilities are eligible for inclusion in the delisted low risk subcategory based on a cancer risk of 0.1 in 1 million, TOSHI of less than 0.1, and other criteria.

The number of impacted PCWP facilities is shown in Table 1. Of the 223 PCWP major sources, 166 of these facilities would have been expected to install air pollution control devices ( APCD) in the absence of any delisted low risk subcategory. The remaining facilities are not impacted by control costs because they either already have installed add on controls, do not have any process units subject to the compliance options, or are expected to comply with work practice requirements only. Four of the eight facilities eligible for inclusion in the delisted low risk subcategory would have been impacted by maximum achievable control technology ( MACT) control requirements. Thus, considering the facilities eligible for inclusion in the delisted low risk subcategory, 162 facilities ( 166  4 = 162) would be expected to install APCD. Of the 147 facilities that may later be eligible for inclusion in the low risk subcategory, 108 would have been impacted by MACT control requirements in the absence of the delisted subcategory. Thus, considering the facilities that may later demonstrate eligibility for the delisted low risk subcategory, 58 facilities ( 166  108 = 58) would be expected to install APCD.

Tables 2 through 5 summarize the regulatory impacts estimated for three scenarios: ( 1) no low risk subcategory, ( 2) the low risk subcategory containing the group of eight PCWP facilities that are already eligible for the low risk subcategory, and ( 3) a low risk subcategory containing the 147 PCWP facilities that may later become low risk provided they submit a site specific demonstration. The methodology used to develop the regulatory impacts, and the regulatory impacts associated with the final PCWP rule in the absence of any low risk subcategory are presented in a separate memorandum. 2 Each table presents the regulatory impacts associated with each scenario alone, and then overall considering removal of the low risk facilities from the PCWP source category. Table 2 presents nationwide cost impacts. Table 3 presents nationwide air impacts at PCWP facilities. Table 4 presents secondary air impacts associated with coal fired utility plants. Table 5 presents the wastewater, solid waste, and energy impacts.

References:

1. Memorandum from S. Jenkins, M. Pimentel, and D. Pagano EPA/ REAG to D. Guinnup EPA/ REAG. February 2004. Risk assessment for the final maximum achievable control technology ( MACT) rule for the plywood and composite wood products ( PCWP) source category.

2. Memorandum from K. Parrish, RTI, to M. Kissell, EPA/ WCPG. January 21, 2004. Environmental and Energy Impacts for the Final Plywood and Composite Wood Products NESHAP. 3 Table 1. Number of impacted facilities.

Scenario No. of major source facilities No. of major source facilities with no equipment subject to control requirements No. of major source facilities with all the controls necessary to meet MACTa No. of facilities impacted by control requirements No low risk subcategory 223 11 46 166 Facilities currently eligible for the lowrisk subcategory 8  4 4 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 147 3 36 108 aIncludes some facilities that have equipment subject to work practices only. 4 Table 2. Nationwide cost impacts.

Scenario No. of major source facilities Nationwide costs Nationwide cost following removal of the facilities in the low risk subcategory Total capital cost,

$ MM Total annualized cost, $ MM Total capital cost,

$ MM Total annualized cost, $ MM No low risk subcategory 223 $ 479 $ 142 Facilities currently eligible for the low risk subcategory 8 $ 8.5 $ 2.4 $ 471 $ 140 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 147 $ 239 $ 68 $ 240 $ 74 5 Table 3. Nationwide Air Impacts at PCWP Facilities.

Scenario No. of major source facilities HAP emission reduction,

tons/ yr THC emission reduction,

tons/ yr NOx emissions increase,

tons/ yr CO emission reduction,

tons/ yr PM 10 emission reduction,

tons/ yr Impacts associated with each scenario:

No low risk subcategory 223 10,737 27,178 2,375 10,772 12,684 Facilities currently eligible for the low risk subcategory 8 77 458 22 275 187 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 147 4,186 13,283 1,159 2,377 6,818 Nationwide impacts following removal of the facilities in the low risk subcategory:

Facilities currently eligible for the low risk subcategory 162 impacted 10,660 26,720 2,353 10,497 12,497 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 58 impacted 6,551 13,437 1,216 8,395 5,866 6 Table 4. Nationwide Secondary Air Impacts Based on Worst Case Assumption of Electricity Generation at Coal fired Utilities. Scenario No. of major source facilities Secondary CO emissions, tons/ yr Secondary NOx emissions, tons/ yr Secondary SO2 emissions, tons/ yr Secondary PM 10 emissions, tons/ yr Impacts associated with each scenario:

No low risk subcategory 223 73 2,229 4,457 111 Facilities currently eligible for the lowrisk subcategory 8 1 20 40 1 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 147 34 1,054 2,108 53 Nationwide impacts following removal of the facilities in the low risk subcategory:

Facilities currently eligible for the lowrisk subcategory 162 impacted 72 2,209 4,417 110 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 58 impacted 39 1,175 2,349 58 7 Table 5. Nationwide Wastewater, Solid Waste, and Energy Impacts.

Scenario No. of major source facilities Wastewater impacts,

thousand gal/ yra Solid waste impacts,

ton/ yrb Electricity use,

GWh/ yrc Fuel use, Billion Btu/ yr Impacts associated with each scenario:

No low risk subcategory 223 27,295 4,985 718 1,638 Facilities currently eligible for the lowrisk subcategory 8 42 37 6 12 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 147 3,455 1,949 340 744 Nationwide impacts following removal of the facilities in the low risk subcategory:

Facilities currently eligible for the lowrisk subcategory 162 impacted 27,253 4,948 711 1,625 Facilities that may later be eligible for the low risk subcategory following submission of a low risk demonstration 58 impacted 23,840 3,036 378 894 aIncludes RTO washwater and WESP blowdown.

bIncludes RTO media disposal and WESP wastewater solids.

cIncludes electricity use for RTO and WESP operation.

Note: Values in table may not sum exactly due to rounding. ATTACHMENT 1 List of 147 Low risk Facilities Facilities with cancer risk level of one in a million and TOSHI limits of less than 1.0 for respiratory and CNS effects Plant # Concentration People Exposure Lifetime Cancer Incidence HI for respiratory effects*

442B 1.48E 04 103 1.53E 02 1.53E 02 1.48E 04 60A 3.16E 03 42 1.33E 01 1.33E 01 3.16E 03 142B 4.19E 03 4 1.68E 02 1.68E 02 4.19E 03 13 4.22E 03 3 1.27E 02 1.27E 02 4.22E 03 82 4.50E 03 6 2.70E 02 2.70E 02 4.50E 03 174 4.89E 03 24 1.17E 01 1.17E 01 4.89E 03 151 5.02E 03 48 2.41E 01 2.41E 01 5.02E 03 117 5.96E 03 1 5.96E 03 5.96E 03 5.96E 03 464 6.39E 03 4 2.56E 02 2.56E 02 6.39E 03 185 7.55E 03 3 2.27E 02 2.27E 02 7.55E 03 167 7.73E 03 92 7.11E 01 7.11E 01 7.73E 03 30 7.82E 03 72 5.63E 01 5.63E 01 7.82E 03 77 8.16E 03 140 1.14E+ 00 1.14E+ 00 8.16E 03 187 8.97E 03 35 3.14E 01 3.14E 01 8.97E 03 98A 8.97E 03 31 2.78E 01 2.78E 01 8.97E 03 135 9.04E 03 12 1.08E 01 1.08E 01 9.04E 03 72 9.17E 03 5 4.58E 02 4.58E 02 9.17E 03 92 9.70E 03 2 1.94E 02 1.94E 02 9.70E 03 73 9.89E 03 5 4.94E 02 4.94E 02 9.89E 03 89 9.98E 03 32 3.20E 01 3.20E 01 9.98E 03 79 1.05E 02 21 2.21E 01 2.21E 01 1.05E 02 442A 1.14E 02 3 3.43E 02 3.43E 02 1.14E 02 186 1.27E 02 13 1.65E 01 1.65E 01 1.27E 02 47 1.39E 02 42 5.82E 01 5.82E 01 1.39E 02 192 1.44E 02 16 2.31E 01 2.31E 01 1.44E 02 74 1.49E 02 12 1.79E 01 1.79E 01 1.49E 02 91 1.63E 02 1 1.63E 02 1.63E 02 1.63E 02 45 2.00E 02 6 1.20E 01 1.20E 01 2.00E 02 81 2.08E 02 22 4.57E 01 4.57E 01 2.08E 02 99 2.40E 02 42 1.01E+ 00 1.01E+ 00 2.40E 02 431 2.49E 02 3 7.47E 02 7.47E 02 2.49E 02 166 2.60E 02 4 1.04E 01 1.04E 01 2.60E 02 161 2.62E 02 3 7.85E 02 7.85E 02 2.62E 02 Plant # Concentration People Exposure Lifetime Cancer Incidence HI for respiratory effects*

141 2.75E 02 24 6.60E 01 6.60E 01 2.75E 02 183 2.81E 02 10 2.81E 01 2.81E 01 2.81E 02 229 2.95E 02 27 7.98E 01 7.98E 01 2.95E 02 41 3.07E 02 23 7.05E 01 7.05E 01 3.07E 02 33 3.10E 02 24 7.44E 01 7.44E 01 3.10E 02 118 3.31E 02 77 2.55E+ 00 2.55E+ 00 3.31E 02 162 3.43E 02 20 6.86E 01 6.86E 01 3.43E 02 1 3.74E 02 18 6.72E 01 6.72E 01 3.74E 02 443A 4.39E 02 143 6.27E+ 00 6.27E+ 00 4.39E 02 220 4.46E 02 344 1.53E+ 01 1.53E+ 01 4.46E 02 230 4.53E 02 5 2.27E 01 2.27E 01 4.53E 02 209 4.87E 02 20 9.73E 01 9.73E 01 4.87E 02 25 5.02E 02 98 4.92E+ 00 4.92E+ 00 5.02E 02 238 5.05E 02 8 4.04E 01 4.04E 01 5.05E 02 466 5.07E 02 179 9.07E+ 00 9.07E+ 00 5.07E 02 80 5.56E 02 6 3.34E 01 3.34E 01 5.56E 02 112 5.68E 02 143 8.12E+ 00 8.12E+ 00 5.68E 02 113 5.94E 02 83 4.93E+ 00 4.93E+ 00 5.94E 02 58A 5.97E 02 211 1.26E+ 01 1.26E+ 01 5.97E 02 208 6.00E 02 223 1.34E+ 01 1.34E+ 01 6.00E 02 142A 6.12E 02 1 6.12E 02 6.12E 02 6.12E 02 156 6.46E 02 3 1.94E 01 1.94E 01 6.46E 02 150 6.69E 02 1 6.69E 02 6.69E 02 6.69E 02 103 6.75E 02 9 6.07E 01 6.07E 01 6.75E 02 159 6.95E 02 110 7.65E+ 00 7.65E+ 00 6.95E 02 105 7.02E 02 7 4.91E 01 4.91E 01 7.02E 02 237 7.12E 02 15 1.07E+ 00 1.07E+ 00 7.12E 02 157 7.13E 02 39 2.78E+ 00 2.78E+ 00 7.13E 02 48 7.27E 02 51 3.71E+ 00 3.71E+ 00 7.27E 02 115 7.88E 02 2 1.58E 01 1.58E 01 7.88E 02 197 7.89E 02 9 7.10E 01 7.10E 01 7.89E 02 175 8.12E 02 7 5.68E 01 5.68E 01 8.12E 02 212 8.18E 02 3 2.46E 01 2.46E 01 8.18E 02 64 8.49E 02 13 1.10E+ 00 1.10E+ 00 8.49E 02 Plant # Concentration People Exposure Lifetime Cancer Incidence HI for respiratory effects*

97 8.62E 02 8 6.90E 01 6.90E 01 8.62E 02 15 8.69E 02 22 1.91E+ 00 1.91E+ 00 8.69E 02 102 8.87E 02 7 6.21E 01 6.21E 01 8.87E 02 207 8.98E 02 14 1.26E+ 00 1.26E+ 00 8.98E 02 65 9.00E 02 24 2.16E+ 00 2.16E+ 00 9.00E 02 2 9.18E 02 9 8.26E 01 8.26E 01 9.18E 02 19 9.59E 02 3 2.88E 01 2.88E 01 9.59E 02 37 1.13E 01 19 2.14E+ 00 2.14E+ 00 1.13E 01 194 1.13E 01 4 4.52E 01 4.52E 01 1.13E 01 18 1.14E 01 10 1.14E+ 00 1.14E+ 00 1.14E 01 101 1.14E 01 31 3.54E+ 00 3.54E+ 00 1.14E 01 57 1.17E 01 33 3.87E+ 00 3.87E+ 00 1.17E 01 76 1.17E 01 7 8.20E 01 8.20E 01 1.17E 01 178 1.18E 01 11 1.30E+ 00 1.30E+ 00 1.18E 01 180 1.18E 01 5 5.91E 01 5.91E 01 1.18E 01 190 1.21E 01 4 4.83E 01 4.83E 01 1.21E 01 144 1.27E 01 83 1.05E+ 01 1.05E+ 01 1.27E 01 146 1.29E 01 52 6.71E+ 00 6.71E+ 00 1.29E 01 176 1.30E 01 18 2.33E+ 00 2.33E+ 00 1.30E 01 107 1.31E 01 4 5.25E 01 5.25E 01 1.31E 01 235 1.34E 01 15 2.00E+ 00 2.00E+ 00 1.34E 01 24 1.38E 01 131 1.81E+ 01 1.81E+ 01 1.38E 01 50 1.46E 01 7 1.02E+ 00 1.02E+ 00 1.46E 01 199 1.50E 01 2 3.00E 01 3.00E 01 1.50E 01 469 1.52E 01 97 1.48E+ 01 1.48E+ 01 1.52E 01 120 1.54E 01 186 2.86E+ 01 2.86E+ 01 1.54E 01 22 1.56E 01 32 5.00E+ 00 5.00E+ 00 1.56E 01 139 1.58E 01 21 3.32E+ 00 3.32E+ 00 1.58E 01 39 1.59E 01 4 6.34E 01 6.34E 01 1.59E 01 17 1.66E 01 107 1.78E+ 01 1.78E+ 01 1.66E 01 110 1.66E 01 25 4.15E+ 00 4.15E+ 00 1.66E 01 465 1.67E 01 103 1.72E+ 01 1.72E+ 01 1.67E 01 164 1.68E 01 2 3.36E 01 3.36E 01 1.68E 01 200 1.70E 01 7 1.19E+ 00 1.19E+ 00 1.70E 01 Plant # Concentration People Exposure Lifetime Cancer Incidence HI for respiratory effects*

49 1.98E 01 2 3.97E 01 3.97E 01 1.98E 01 106 2.01E 01 71 1.43E+ 01 1.43E+ 01 2.01E 01 134 2.18E 01 10 2.18E+ 00 2.18E+ 00 2.18E 01 140 2.24E 01 60 1.34E+ 01 1.34E+ 01 2.24E 01 52 2.26E 01 24 5.42E+ 00 5.42E+ 00 2.26E 01 40 2.27E 01 37 8.40E+ 00 8.40E+ 00 2.27E 01 203 2.35E 01 2 4.70E 01 4.70E 01 2.35E 01 131 2.37E 01 16 3.79E+ 00 3.79E+ 00 2.37E 01 51 2.40E 01 3 7.19E 01 7.19E 01 2.40E 01 133 2.50E 01 6 1.50E+ 00 1.50E+ 00 2.50E 01 93 2.57E 01 1 2.57E 01 2.57E 01 2.57E 01 143 2.61E 01 39 1.02E+ 01 1.02E+ 01 2.61E 01 21 2.67E 01 56 1.49E+ 01 1.49E+ 01 2.67E 01 145 2.68E 01 11 2.95E+ 00 2.95E+ 00 2.68E 01 198 3.03E 01 6 1.82E+ 00 1.82E+ 00 3.03E 01 109 3.19E 01 13 4.15E+ 00 4.15E+ 00 3.19E 01 160 3.19E 01 7 2.23E+ 00 2.23E+ 00 3.19E 01 104 3.31E 01 9 2.98E+ 00 2.98E+ 00 3.31E 01 46 3.38E 01 15 5.07E+ 00 5.07E+ 00 3.38E 01 222 3.50E 01 24 8.41E+ 00 8.41E+ 00 3.50E 01 86 3.60E 01 15 5.40E+ 00 5.40E+ 00 3.60E 01 137 3.81E 01 1 3.81E 01 3.81E 01 3.81E 01 189 3.81E 01 10 3.81E+ 00 3.81E+ 00 3.81E 01 111 4.02E 01 37 1.49E+ 01 1.49E+ 01 4.02E 01 53 4.28E 01 2 8.55E 01 8.55E 01 4.28E 01 210 4.29E 01 32 1.37E+ 01 1.37E+ 01 4.29E 01 165 4.31E 01 46 1.98E+ 01 1.98E+ 01 4.31E 01 201 4.40E 01 258 1.13E+ 02 1.13E+ 02 4.40E 01 173 4.46E 01 35 1.56E+ 01 1.56E+ 01 4.46E 01 184 4.54E 01 3 1.36E+ 00 1.36E+ 00 4.54E 01 138 4.87E 01 71 3.46E+ 01 3.46E+ 01 4.87E 01 100 5.28E 01 17 8.98E+ 00 8.98E+ 00 5.28E 01 196 5.44E 01 11 5.98E+ 00 5.98E+ 00 5.44E 01 154 5.55E 01 3 1.66E+ 00 1.66E+ 00 5.55E 01 Plant # Concentration People Exposure Lifetime Cancer Incidence HI for respiratory effects*

78 5.56E 01 85 4.72E+ 01 4.72E+ 01 5.56E 01 121 5.62E 01 12 6.74E+ 00 6.74E+ 00 5.62E 01 206 5.72E 01 17 9.72E+ 00 9.72E+ 00 5.72E 01 38 5.80E 01 1 5.80E 01 5.80E 01 5.80E 01 436 6.00E 01 5 3.00E+ 00 3.00E+ 00 6.00E 01 108 6.26E 01 3 1.88E+ 00 1.88E+ 00 6.26E 01 23B 6.37E 01 52 3.31E+ 01 3.31E+ 01 6.37E 01 152B 6.52E 01 61 3.97E+ 01 3.97E+ 01 6.52E 01 224 6.80E 01 44 2.99E+ 01 2.99E+ 01 6.80E 01 95 7.44E 01 64 4.76E+ 01 4.76E+ 01 7.44E 01 188 7.74E 01 10 7.74E+ 00 7.74E+ 00 7.74E 01 128 8.69E 01 227 1.97E+ 02 1.97E+ 02 8.69E 01 * All facilities with a respiratory TOSHI of less than 1 also have TOSHI of less than 1 for CNS and other effects ( i. e., blood, kidney, developmental).


[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Notices]
[Pages 47249-47251]
[FR Doc No: 2023-15627]

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

UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meetings

TIME AND DATE: July 27, 2023, 10:00 a.m. to 4:30 p.m., Mountain Time.

PLACE: This meeting will take place at the Denver Sonesta Downtown,
Ellington A/B, 1450 Glenarm Place, Denver, CO 80202. This meeting will
also be accessible via conference call and via Zoom Meeting and
Screenshare. Any interested person may call (i) 1-929-205-6099 (US
Toll) or 1-669-900-6833 (US Toll), Meeting ID: 961 1570 6827, to listen
and participate in this meeting. The website to participate via Zoom
Meeting and Screenshare is https://kellen.zoom.us/meeting/register/tJIsduyvrj0iGNOplt-GS3uP5C7Oz7U2K0Mo.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the ``Board'') will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement. The
subject matter of this meeting will include:

Proposed Agenda

I. Welcome and Call to Order--UCR Board Chair

    The UCR Board Chair will welcome attendees, call the meeting to
order, call roll for the Board, confirm the presence of a quorum, and
facilitate self-introductions.

II. Verification of Publication of Meeting Notice--UCR Executive
Director

    The UCR Executive Director will verify publication of the meeting
notice on the UCR website and distribution to the UCR contact list via
email, followed by subsequent publication of the notice in the Federal
Register.

III. Review and Approval of Board Agenda--UCR Board Chair

For Discussion and Possible Board Action

    The proposed Agenda will be reviewed, and the Board will consider
adoption.
Ground Rules
    [rtarr8]Board actions taken only in designated areas on agenda.

IV. Approval of Minutes of the June 8, 2023, UCR Board Meeting--UCR
Board Chair

For Discussion and Possible Board Action

    Draft Minutes from the June 8, 2023 UCR Board meeting will be
reviewed. The Board will consider action to approve.

V. Report of FMCSA--FMCSA Representative

    The Federal Motor Carrier Safety Administration (FMCSA) will
provide a report on relevant activity.

VI. Appearance Before the Board by the States of California, Idaho,
Delaware, Indiana, Mississippi, North Dakota, Pennsylvania, and South
Carolina To Explain Their Non-Compliance With State Performance
Standards--UCR Executive Director

    The UCR Executive Director will provide background regarding the
non-compliance of California, Idaho, Delaware, Indiana, Mississippi,
North Dakota, Pennsylvania, and South Carolina with state performance
standards for reporting year 2022 and introduce a representative from
each of the non-compliant 8 states. The UCR Plan is requesting each
state to explain why the deficiency occurred, and what is being done to
prevent a deficiency in the future.

VII. Renewal and Renaming of Existing Audit ``Pilot Projects''--UCR
Executive Director

For Discussion and Possible Board Action

    The UCR Executive Director will lead a discussion on the renewal
and renaming of Existing Audit ``Pilot Projects'' into ``Compliance
Specialist Agreements.'' The Board may take action to approve the
renewal and renaming of existing ``Pilot Projects'' under contractual
terms adopted by the Board.

VIII. Proposal To Contract With DSL for One Additional Compliance
Specialist FTE--UCR Executive Director

For Discussion and Possible Board Action

    The UCR Executive Director will lead a discussion to contract with
DSL for one additional Compliance Specialist whose scope of work is
concentrated on, but not limited to, FARs audits. The Board may take
action to approve an agreement with DSL that adds an additional
Compliance Specialist FTE.

IX. Discussion of Proposed Changes to UCR Agreement--UCR Board Chair,
UCR Board Vice-Chair, UCR Audit Subcommittee Chair, UCR Executive
Director, UCR Chief Legal Officer

For Discussion and Possible Board Action

    The UCR Board Chair, UCR Board Vice-Chair, UCR Audit Subcommittee
Chair, UCR Executive Director, and UCR Chief Legal Officer will discuss
proposed changes to the UCR Agreement. The Board may take additional
action on the proposed amendments to the UCR Agreement, including
possible adoption.

X. UCR Penetration Test--Kellen Representative

    Kellen's Chief Technology Officer will provide an update and report
on relevant activity.

XI. Discussion of Automatic Annual Renewal of UCR Registration--UCR
Executive Director and Seikosoft

For Discussion and Possible Board Action

    The UCR Executive Director and Seikosoft will lead a discussion on
the issues involved in the voluntary annual automatic renewal of UCR
registrations. The Board may take action to allow Seikosoft to design
and implement a system that allows for the voluntary annual automatic
renewal of UCR registrations using business rules defined by the Board.

XII. Discussion of a Possible Agreement Between Henry Su and the UCR
Plan--UCR

    Executive Director and UCR Chief Legal Officer

For Discussion and Possible Board Action

    The UCR Executive Director and UCR Chief Legal Officer will present
an agreement between the UCR Plan and Henry Su that engages Henry Su to
assist with analysis and the drafting of necessary documents as part of
the 2025 fee recommendation to the US DOT Secretary. The Board may take
action to adopt an agreement between the UCR Plan and Henry Su to
assist with analysis and the drafting of necessary documents as part of
the 2025 fee recommendation to the US DOT Secretary.

XIII. Subcommittee Reports

Audit Subcommittee--UCR Audit Subcommittee Chair

A. Update on the Project To Replace the Retreat Audit Program With a
Program That Relies on Roadside Inspection Data--UCR Audit Subcommittee
Chair, UCR Audit Subcommittee Vice-Chair, DSL Transportation
Representative, Seikosoft Representative
    The UCR Audit Subcommittee Chair, UCR Audit Subcommittee Vice-
Chair, DSL Transportation Representative and a Seikosoft Representative
will lead a discussion on options to replace the Retreat Audit Program
currently utilized by the States with a roadside inspection data driven
audit for non-IRP plated commercial motor vehicles and the motor
carriers operating this type of registered equipment.
B. Options To Clean Up the Unregistered Motor Carrier UCR Universe in
Shadow MCMIS--UCR Audit Subcommittee Chair, UCR Audit Subcommittee
Vice-Chair, Seikosoft Representative
    The UCR Audit Subcommittee Chair, UCR Audit Subcommittee Vice-Chair
and a Seikosoft Representative will lead a discussion on steps
necessary for the NRS and State Auditors to address the 2022/2023
unregistered motor carriers.
C. Update on the Upcoming Question and Answer Session for State
Auditors--UCR Audit Subcommittee Chair, UCR Audit Subcommittee Vice-
Chair, UCR Executive Director
    The UCR Audit Subcommittee Chair, UCR Audit Subcommittee Vice-Chair
and UCR Executive Director will lead a discussion regarding the
upcoming 60-minute virtual question and answer sessions.

Finance Subcommittee--UCR Finance Subcommittee Chair

A. Amendments to the Unbudgeted Expense Reserve Policy--UCR Finance
Subcommittee Chair

For Discussion and Possible Board Action

    The UCR Finance Subcommittee Chair will lead a discussion regarding
possible amendments to the Unbudgeted Expense Reserve Policy. The UCR
Finance Subcommittee Chair may move and the Board may adopt the UCR
Finance Subcommittee's recommended amendments to the Unbudgeted Expense
Reserve Policy.
B. Amendments To Change the Method of Estimating Collections for the
Future Months Remaining in a Registration Year--UCR Finance
Subcommittee Chair

For Discussion and Possible Board Action

    The UCR Finance Subcommittee Chair will lead a discussion regarding
possible amendments to Section 6.c.ii of the Fee Change Recommendation
Policy to change the method of estimating collections for the future
months remaining in a registration year. The UCR Finance Subcommittee
Chair may move and the Board may adopt the UCR Finance Subcommittee's
recommended amendments to the method of estimating collections for
future months remaining in a registration year.

C. 2025 Registration Fee Analysis and Recommendation--UCR Finance
Subcommittee Chair

For Discussion and Possible Board Action

    The UCR Finance Subcommittee Chair will provide an analysis
pertaining to the setting of 2025 registration fees and a 2025
registration fee recommendation. The UCR Finance Subcommittee Chair may
move and the Board may adopt the UCR Finance Subcommittee's
recommendation for a 2025 fee recommendation to the US DOT Secretary.

Education and Training Subcommittee--UCR Education and Training
Subcommittee Chair

Update on Current and Future Training Initiatives--UCR Education and
Training Subcommittee Chair
    The Education and Training Subcommittee Chair will provide an
update on current and future training initiatives and the E-Certificate
program.

Industry Advisory Subcommittee--UCR Industry Advisory Subcommittee
Chair

Update on Current Initiatives--UCR Industry Advisory Subcommittee Chair
    The UCR Industry Advisory Subcommittee Chair will provide an update
on current and future initiatives regarding motor carrier industry
concerns.

Enforcement Subcommittee--UCR Enforcement Subcommittee Chair

Update on Current Initiatives--UCR Enforcement Subcommittee Chair
    The UCR Enforcement Subcommittee Chair will provide an update on
current and future initiatives.

Dispute Resolution Subcommittee--UCR Dispute Resolution Subcommittee
Chair

Update on Current Initiatives--UCR Dispute Resolution Subcommittee
Chair
    The UCR Dispute Resolution Subcommittee Chair will provide an
update on future initiatives.

XIV. Contractor Reports--UCR Board Chair

UCR Executive Director's Report

    The UCR Executive Director will provide a report covering recent
activity for the UCR Plan.

DSL Transportation Services, Inc.

    DSL Transportation Services, Inc. will report on the latest data
from the Focused Anomaly Reviews (FARs) program, discuss motor carrier
inspection results, pilot projects and other matters.

Seikosoft

    Seikosoft will provide an update on recent/new activity related to
the National Registration System (NRS).

UCR Administrator Report (Kellen)

    The UCR Chief of Staff will provide a management report covering
recent activity for the Depository, Operations, and Communications.

XV. Other Business--UCR Board Chair

    The UCR Board Chair will call for any other business, old or new,
from the floor.

XVI. Adjournment--UCR Board Chair

    The UCR Board Chair will adjourn the meeting.
    The agenda will be available no later than 5:00 p.m. Eastern time,
July 19, 2023, at: https://plan.ucr.gov.

CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified
Carrier Registration Plan Board of Directors,<PHONE_NUMBER>,
[email protected].

Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2023-15627 Filed 7-19-23; 4:15 pm]
BILLING CODE 4910-YL-P


[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Page 6552]
[FR Doc No: 2018-02966]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM07-10-000]

Transparency Provisions of Section 23 of the Natural Gas Act;
Notice of Change to Filing Instructions

    Take notice that the filing instructions for the FERC Form No. 552:
Annual Report of Natural Gas Transactions \1\ have been updated to
clarify what transactions must be reported in Line 2 of Page 6 of FERC
Form No. 552, consistent with the revised NAESB WGQ standards \2\
incorporated by reference in Order No. 809.\3\ Specifically, the filing
instructions now clarify that next-day natural gas transactions must be
reported in Line 2 of Page 6 of FERC Form No. 552 using the Timely
Nomination Cycle deadline for scheduling natural gas transportation of
1:00 p.m. Central Clock Time (CCT) rather than 11:30 a.m. CCT. There
are no other changes to the FERC Form No. 552 filing instructions.
---------------------------------------------------------------------------

    \1\ See 18 CFR 260.401 (2017).
    \2\ See 18 CFR 284.12(a) and (b) (2017).
    \3\ Coordination of the Scheduling Processes of Interstate
Natural Gas Pipelines and Public Utilities, Order No. 809, FERC
Stats. & Regs. 31,368 (2015).
---------------------------------------------------------------------------

    The updated filing instructions are available at: http://www.ferc.gov/docs-filing/forms/form-552/form-552.pdf. For more
information, please contact John Collins at<PHONE_NUMBER>, or email
[email protected].

    Dated: February 7, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-02966 Filed 2-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Notices]
[Pages 70540-70541]
[FR Doc No: 2014-28043]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2014-0666; OMB Control Number 1625-0022]

Collection of Information Under Review by Office of Management
and Budget

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding Information Collection Requests (ICRs),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting approval of a
revision to the following collection of information: 1625-0022,
Application for Tonnage Measurement of Vessels. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before
December 26, 2014.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2014-0666] to the Docket Management Facility (DMF) at the
U.S. Department of Transportation (DOT) and/or to OIRA. To avoid
duplicate submissions, please use only one of the following means:
    (1) Online: (a) To Coast Guard docket at http://www.regulations.gov. (b) To OIRA by email via<EMAIL_ADDRESS>    (2) Mail: (a) DMF (M-30), DOT, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. (b) To
OIRA, 725 17th Street NW., Washington, DC 20503, attention Desk Officer
for the Coast Guard.
    (3) Hand Delivery: To DMF address above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-366-9329.
    (4) Fax: (a) To DMF,<PHONE_NUMBER>. (b) To OIRA at<PHONE_NUMBER>. To
ensure your comments are received in a timely manner, mark the fax,
attention Desk Officer for the Coast Guard.
    The DMF maintains the public docket for this Notice. Comments and
material received from the public, as well as documents mentioned in
this Notice as being available in the docket, will become part of the
docket and will be available for inspection or copying at room W12-140
on the West Building Ground Floor, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find the docket on the Internet
at http://www.regulations.gov.
    Copies of the ICRs are available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, US COAST
GUARD, 2703 MARTIN LUTHER KING JR AVE SE., STOP 7710, WASHINGTON DC
20593-7710.

FOR FURTHER INFORMATION CONTACT:  Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER> or fax<PHONE_NUMBER>, for
questions on these documents. Contact Ms. Cheryl Collins, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether these ICRs should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated

collection techniques or other forms of information technology. These
comments will help OIRA determine whether to approve the ICR referred
to in this Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG 2014-0666], and must be received by December 26,
2014. We will post all comments received, without change, to http://www.regulations.gov. They will include any personal information you
provide. We have an agreement with DOT to use their DMF. Please see the
``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number [USCG-
2014-0666]; indicate the specific section of the document to which each
comment applies, providing a reason for each comment. You may submit
your comments and material online (via http://www.regulations.gov), by
fax, mail, or hand delivery, but please use only one of these means. If
you submit a comment online via www.regulations.gov, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the DMF. We recommend you include your name, mailing
address, an email address, or other contact information in the body of
your document so that we can contact you if we have questions regarding
your submission.
    You may submit comments and material by electronic means, mail,
fax, or delivery to the DMF at the address under ADDRESSES, but please
submit them by only one means. To submit your comment online, go to
http://www.regulations.gov, and type ``USCG-2014-0666'' in the
``Search'' box. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and will address them accordingly.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this Notice as
being available in the docket, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Search'' box insert ``USCG-2014-0666'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the DMF in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Numbers: 1625-0022.

Privacy Act

    Anyone can search the electronic form of comments received in
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act statement
regarding Coast Guard public dockets in the January 17, 2008, issue of
the Federal Register (73 FR 3316).

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (79 FR 56083, September 18,
2014) required by 44 U.S.C. 3506(c)(2). That Notice elicited no
comments.

Information Collection Request

    1. Title: Application for Tonnage Measurement of Vessels.
    OMB Control Number: 1625-0022.
    Type of Request: Revision of a currently approved collection.
    Respondents: Owners of vessels.
    Abstract: The information from this collection helps the Coast
Guard to determine a vessel's tonnage. Tonnage in turn helps to
determine licensing, inspections, safety requirements, and operating
fees.
    Forms: CG-5397.
    Burden Estimate: The estimated burden has decreased from 19,160
hours to 14,610 hours a year due to a decrease in the estimated number
of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended.

    Dated: November 20, 2014.
Thomas P. Michelli,
U.S. Coast Guard, Chief Information Officer, Acting.
[FR Doc. 2014-28043 Filed 11-25-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Page 6294]
[FR Doc No: 2023-01906]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4521-DR; Docket ID FEMA-2023-0001]

Nebraska; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4521-DR), dated April 4, 2020, and
related determinations.

DATES: This change occurred on January 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrea
Spillars, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.

    This action terminates the appointment of Kathy Fields as
Federal Coordinating Officer for this disaster.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01906 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Page 2435]
[FR Doc No: 2014-00430]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ14-8-000]

City of Azusa, California; Notice of Filing

    Take notice that on December 24, 2013, the City of Azusa,
California submitted its tariff filing per 35.28(e): 2014 Transmission
Revenue Balancing Account Adjustment and Existing Transmission
Contracts updates to be effective 1/1/2014.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 14, 2014.

    Dated: January 7, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-00430 Filed 1-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16646-16650]
[FR Doc No: 2011-6908]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64096; File No. SR-Phlx-2011-34]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Singly Listed Options

March 18, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 15, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fee Schedule to replace its
Sector Index Options Fees and U.S. Dollar-Settled Foreign Currency
Option Fees, in Section III of the Fee Schedule, with Singly Listed
Options \3\ Fees. Also, the Exchange is proposing to create new fees
for equities, exchange-traded funds (``ETFs'') and Holding Company
Depository Receipts (``HOLDRS'') which are not listed on another
exchange.
---------------------------------------------------------------------------

    \3\ For purposes of this filing, a Singly Listed Option means an
option that is only listed on the Exchange and is not listed by any
other national securities exchange.
---------------------------------------------------------------------------

    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative on April 1, 2011.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to create new fees
titled ``Singly Listed Options'' to recoup the increased costs
associated with Singly Listed options as compared with Multiply Listed
options.
    The Exchange currently assesses fees for equity options as
specified in Section II of the Fee Schedule titled ``Equity Options
Fees.'' Section II includes options overlying equities, ETFs HOLDRS,
BKX \4\, RUT \5\, RMN \6\, MNX \7\ and NDX \8\. The Exchange currently
assesses fees for sector index options and U.S. Dollar-Settled foreign
currency options as specified in Section III of the Exchange's Fee
Schedule titled ``Sector Index Options Fees and U.S. Dollar-Settled
Foreign Currency Option Fees.''
---------------------------------------------------------------------------

    \4\ BKX represents the KBW Bank Index.
    \5\ RUT represents the options on the Russell 2000[reg] Index
(the ``Full Value Russell Index'' or ``RUT'').
    \6\ RMN represents options on the one-tenth value Russell
2000[reg] Index \6\ (the ``Reduced Value Russell Index'' or
``RMN'').
    \7\ MNX represents options on the one-tenth value of the Nasdaq
100 Index traded under the symbol MNX (``MNX'').
    \8\ NDX represents options on the Nasdaq 100 Index \8\ traded
under the symbol NDX (``NDX'').
---------------------------------------------------------------------------

    The Exchange is proposing to rename Section III as ``Singly Listed
Options'' and create fees, which would apply to options overlying
currencies,\9\ equities, ETFs, indexes, and HOLDRS not listed on
another exchange.\10\ The proposed fees are as follows:
---------------------------------------------------------------------------

    \9\ The applicable U.S. dollar-settled foreign currency options
include XDB, XDE, XDN, XDS, XDA, XDM, XEH, XEV, XDZ, XDC and XDV
(``Currencies'').
    \10\ The Exchange receives an overnight file from The Options
Clearing Corporation, the Data Distribution Service feed, which
provides the Exchange a list of options which are Singly and
Multiply Listed. The Exchange provides its members with a symbol
directory that indicates whether a security is Singly or Multiply
Listed. This information, which is available on the exchange's Web
site, is updated daily. In the event that a Singly Listed option
becomes Multiply Listed, the option would be assessed the fees in
Section II of the Fee Schedule.

----------------------------------------------------------------------------------------------------------------
                                                                           Specialist,
                                                  Customer   Professional    ROT, SQT       Firm       Broker-
                                                                             and RSQT                   dealer
----------------------------------------------------------------------------------------------------------------
Options Transaction Charge....................         $.35          $.45         $.35         $.45         $.45
----------------------------------------------------------------------------------------------------------------

    The Exchange would remove the Sector Index Option Fees and the U.S.
Dollar-Settled Foreign Currency Options Fees from Section III of the
Exchange's Fee Schedule. Sector index options and U.S. Dollar-Settled
foreign currency options would be subject to the proposed fees in
Section III.\11\ Currently, the sector index options are assessed the
following fees:
---------------------------------------------------------------------------

    \11\ The Exchange's indexes and currencies, which are subject to
the fees in Section III, are only listed on the Exchange and
therefore Singly Listed.

----------------------------------------------------------------------------------------------------------------
                                                                           Specialist,
                                                  Customer   Professional    ROT, SQT       Firm       Broker-
                                                                             and RSQT                   dealer
----------------------------------------------------------------------------------------------------------------
Options Transaction Charge....................         $.44          $.35         $.35         $.30         $.45
----------------------------------------------------------------------------------------------------------------

    U.S. Dollar-Settled foreign currency options, which include XDB,
XDE, XDN, XDS, XDA, XDM, XEH, XEV, XDZ, XDC and XDV, are assessed the
following fees:

----------------------------------------------------------------------------------------------------------------
                                                                           Specialist,
                                                  Customer   Professional    ROT, SQT       Firm       Broker-
                                                                             and RSQT                   dealer
----------------------------------------------------------------------------------------------------------------
Options Transaction Charge....................         $.44          $.30         $.30         $.30         $.45
----------------------------------------------------------------------------------------------------------------

    In addition, the Exchange proposes to assess Singly Listed
equities, ETFs and HOLDRS the proposed fees in Section III.\12\ Singly
listed equities, ETFs and HOLDRS are currently subject to the fees in
Section II.\13\ The Exchange currently assesses equity options,
including options overlying equities, ETFs, HOLDRS, BKX, RUT, RMN, MNX
and NDX, the following fees which are located in Section II of the
Exchange's Fee Schedule:
---------------------------------------------------------------------------

    \12\ This fee proposal would not impact any equity options
transacted in any of the symbols which are listed in Section I of
the Exchange's Fee Schedule titled ``Rebates and Fees for Adding and
Removing Liquidity in Select Symbols.'' The Exchange is not amending
Section I.
    \13\ Multiply Listed options overlying equities, ETFs, HOLDRS,
BKX, RUT, RMN, MNX and NDX would continue to be subject to the fees
in Section II. For purposes of this filing, a Multiply Listed
security means an option that is listed on more than one exchange.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Specialist, ROT, SQT and        Broker-dealer
                                                                                RSQT           --------------------------
                                                                Customer   Professional --------------------------                               Firm
                                                                                Non-      Electronic      Non-
                                                                                Electronic   electronic                electronic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Options Transaction Charge (Penny Pilot)....................         $.00          $.20         $.22         $.25         $.45         $.25         $.25
Options Transaction Charge (non-Penny Pilot)................          .00           .20          .23          .25          .45          .25          .25
Options Surcharge in RUT, RMN, MNX and NDX..................          N/A           N/A          .15          .15          .15          .15          .15
Options Surcharge in BKX....................................          N/A           N/A          .10          .10          .10          .10          .10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Exchange is proposing to amend the Equity Options Fees in
Section II by adding the words ``which are Multiply Listed'' to the
title of Section II to clarify that Section II fees apply to Multiply
Listed options.\14\ The Exchange also proposes to amend this title
consistently throughout the Fee Schedule. The Exchange also proposes to
amend Section IV of the Exchange's Fee Schedule, titled ``PIXL
Pricing,'' to replace references to ``Sector Index Options Fees and
U.S. Dollar-Settled Foreign Currency Options'' with the words ``Singly
Listed Options.'' The Exchange is also proposing to amend the Table of
Contents to reflect the proposed title for Section III, ``Singly Listed
Options.''
---------------------------------------------------------------------------

    \14\ The proposed fees in Section III would apply to Singly
Listed options.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \15\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \16\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fees for Singly Listed
Options are equitable because the Exchange is seeking to recoup the
operational costs for Singly Listed options, which costs are higher
than those for Multiply Listed options.\17\ In addition, the Exchange
believes that the proposed fees for Singly Listed options are equitable
for the reasons specified below.
---------------------------------------------------------------------------

    \17\ By way of example, in analyzing an obvious error, the
Exchange would have additional data points available in establishing
a theoretical price for a Multiply Listed option as compared to a
Singly Listed option, which requires additional analysis and
administrative time to comply with Exchange rules to resolve an
obvious error.
---------------------------------------------------------------------------

    Customers currently pay: (i) No transaction fee for equity options;
(ii) a $.44 per contract fee for sector index options; and (iii) a $.44
per contract fee for U.S. Dollar-Settled foreign currency options. The
Exchange is proposing to assess a $.35 per contract fee to Customers
trading Singly Listed options which includes Currencies, equities,
ETFs, Indexes and HOLDRS. Customers transacting Multiply Listed equity
options, ETFs or HOLDRS are currently assessed no transaction fee and
this would not change with this proposal. Customers who currently
transact Singly Listed equity options, ETFs or HOLDRS would now pay
$.35 per contract.\18\ The Exchange believes that this fee increase is
equitable because the Exchange incurs a higher operational cost on
Singly Listed options as compared to Multiply Listed options as
described above. The Exchange believes that it is equitable to assess
Customers $.35 per contract to transact Currencies and indexes, because
today Customers pay $.44 per contract to transact these products.
Customers would benefit from the lower fee. The Exchange is able to
lower the fee by offsetting the costs with the fee increase to
Customers who transact Singly Listed equity options, ETFs and HOLDRS.
---------------------------------------------------------------------------

    \18\ This excludes equity options which are subject to Section I
of the Fee Schedule titled ``Fees and Rebates for Adding and
Removing Liquidity in Select Symbols.''
---------------------------------------------------------------------------

    The Exchange believes that it is equitable to assess
Specialists,\19\ Registered Options Traders,\20\ SQTs,\21\ and RSQTs
\22\ a transaction fee of $.35 per contract to transact Singly Listed
Currencies, equities, ETFs, indexes and HOLDRS. Market makers \23\
today are assessed Equity Options Fees for transacting equity options,
ETFs or HOLDRS ranging from $.10-$.25 per contract depending on whether
the transaction is electronic \24\ or non-electronic, a Penny Pilot
\25\ or a non-Penny Pilot option or an option overlying RUT, RMN, MNX,
NDX or BKX.\26\ The Exchange believes that it is equitable to assess
market makers $.35 per contract for transacting Singly Listed equities,
ETFs and HOLDRs pursuant to the proposed fees in Section III, because
such orders would not be subject to payment for order flow. Currently,
equity option transactions, including options overlying equities, ETFs,
HOLDRS, BKX, RUT, RMN, MNX and NDX, are subject to certain payment for
order flow fees.\27\ The Exchange assesses Payment for Order Flow Fees
of $.25 per contract for options trading in the Penny Pilot Program and
$.70 per

contract for all other equity options.\28\ The Exchange believes that
it is equitable to assess market makers a higher rate for transacting
Singly Listed equities, ETFs or HOLDRS because market makers would not
be subject to Payment for Order Fees, as they are today and would
continue to be under this proposal, when transacting Multiply Listed
equities, ETFs or HOLDRS. The Exchange believes that increasing the fee
assessed for indexes and Currencies from $.30 to $.35 per contract is
equitable because as stated previously, the Exchange is seeking to
recoup costs with respect to Singly Listed products. Additionally, the
Exchange would be assessing the same fee on indexes and Currencies.
---------------------------------------------------------------------------

    \19\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a).
    \20\ A Registered Options Trader (``ROT'') includes a Streaming
Quote Trader (``SQT''), a Remote Streaming Quote Trader (``RSQT'')
and a Non-SQT ROT, which by definition is neither a SQT or a RSQT. A
ROT is defined in Exchange Rule 1014(b) as a regular member or a
foreign currency options participant of the Exchange located on the
trading floor who has received permission from the Exchange to trade
in options for his own account. See Exchange Rule 1014(b)(i) and
(ii).
    \21\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
    \22\ A RSQT is defined in Exchange Rule 1014(b)(ii)(B) as an ROT
that is a member or member organization with no physical trading
floor presence who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such RSQT has been assigned. An RSQT may only submit such
quotations electronically from off the floor of the Exchange.
    \23\ The Exchange market maker category includes Specialists
(see Rule 1020) and ROTs (Rule 1014(b)(i) and (ii), which includes
SQTs (see Rule 1014(b)(ii)(A)) and RSQTs (see Rule 1014(b)(ii)(B)).
    \24\ Electronically delivered orders do not include orders
delivered through the Floor Broker Management System.
    \25\ The Penny Pilot was established in January 2007; and in
October 2009, it was expanded and extended through December 31,
2010. See Securities Exchange Act Release Nos. 55153 (January 23,
2007), 72 FR 4553 (January 31, 2007) (SR-Phlx-2006-74) (approval
order establishing Penny Pilot); 60873 (October 23, 2009), 74 FR
56675 (November 2, 2009) (SR-Phlx-2009-91) (expanding and extending
Penny Pilot); 60966 (November 9, 2009), 74 FR 59331 (November 17,
2009) (SR-Phlx-2009-94) (adding seventy-five classes to Penny
Pilot); and 61454 (February 1, 2010), 75 FR 6233 (February 8, 2010)
(SR-Phlx-2010-12) (adding seventy-five options classes to the Penny
Pilot). See also Exchange Rule 1034.
    \26\ This excludes the symbols which are subject to Section I of
the Fee Schedule, titled ``Fees and Rebates for Adding and Removing
Liquidity in Select Symbols.''
    \27\ This excludes the symbols which are subject to Section I of
the Fee Schedule, titled ``Fees and Rebates for Adding and Removing
Liquidity in Select Symbols.''
    \28\ There are no Payment for Order Flow Fees on trades that are
not delivered electronically.
---------------------------------------------------------------------------

    The Exchange believes that it is equitable to assess Professionals,
Firms and Broker-Dealers $.45 per contract to transact Singly Listed
options including Currencies, equities, ETFs, indexes and HOLDRS.
Currently, Professionals pay $.20 per contract to transact equities,
ETFs and HOLDRS, $.35 per contract to transact indexes and $.30 per
contract to transact Currencies. The Exchange believes that the
proposed $.45 per contract Professional fee would be equitable because
of the increased costs associated with Singly Listed options as
explained above.
    Broker-Dealers today are assessed Equity Options Fees for
transacting equity options, ETFs or HOLDRS ranging from $.10-$.45 per
contract depending on whether the transaction is electronic or non-
electronic, a Penny Pilot or non-Penny Pilot option or an option
overlying RUT, RMN, MNX, NDX or BKX. The Exchange believes that the
proposed Broker-Dealer fee of $.45 per contract is equitable because it
is similar to the Exchange's fees for electronic transactions in Penny
Pilot and non-Penny Pilot options.\29\ Additionally, the Exchange
believes that the proposed fee for both indexes and Currencies is
equitable because the rates would remain the same as today.
---------------------------------------------------------------------------

    \29\ See Section II of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    Finally, Firms today are assessed fees for transacting equities,
ETFs and HOLDRS which range from $.10-$.25 per contract. The Exchange
believes that the proposed Firm fee of $.45 per contract is equitable
because of the higher costs associated with Singly Listed options as
compared to Multiply Listed options as explained above. The Exchange
believes that the increased costs also form an equitable basis to
increase both the Broker-Dealer fees to transact indexes and Currencies
from $.30 to $.45 per contract.
    The Exchange believes that the proposed fees are reasonable because
the fees are consistent with price differentiation that exists today at
all option exchanges. Other exchanges today charge different rates as
between Multiply Listed products and Singly Listed products. For
example, the Internal Securities Exchange, LLC (``ISE'') assesses
different fees for Customers who transact Multiply Listed options,
indexes, ETFs and FX Options ($.00) as compared to Customers who
transact Singly Listed indexes, ETFs and FX Options ($.18).\30\
---------------------------------------------------------------------------

    \30\ See ISE's Schedule of Fees.
---------------------------------------------------------------------------

    The Exchange believes that the Customer rate of $.35 per contract
for Singly Listed Currencies, equities, ETFs and HOLDRS is reasonable
because it is less than Customer rates assessed by NYSE Arca, Inc.
(``NYSE Arca''), where a Customer electronically executing a Penny
Pilot option or a foreign currency option is assessed a fee of $.45 per
contract.\31\ The Exchange believes that the Customer rate of $.35 per
contract for Singly Listed indexes is reasonable because it is less
than the rate assessed by ISE for SPX \32\ of $.44 per contract.\33\
---------------------------------------------------------------------------

    \31\ See NYSE Arca's Fee Schedule.
    \32\ SPX refers to options on the Standard & Poor's 500 Index.
    \33\ See ISE's Schedule of Fees.
---------------------------------------------------------------------------

    The Exchange believes that the proposed rate of $.45 per contract
for Singly Listed Currencies, equities, ETFs, indexes and HOLDRS for
Professionals and Firms is reasonable, because the Exchange is
proposing to assess Firms and Professionals the same rate assessed on
Broker-Dealers today. NYSE Arca assesses Firms that electronically
execute foreign currency options an equity options transaction fee of
$.45 plus a royalty fee of $.10 per contract.\34\ The Exchange believes
it is reasonable to assess a Professional a per contract fee of $.45
per contract for transacting Singly Listed Currencies because the
Exchange is assessing all market participants, except Customers and
market makers, the same rate to transact Singly Listed Currencies. The
Exchange believes that the price differentiation between market makers
as compared to Firms, Broker-Dealers and Specialists is justified
because market makers have obligations to the market, which do not
apply to Firms, Professionals and Broker-Dealers.\35\ The Exchange
believes that assessing Customers a lower rate to transact Singly
Listed indexes is reasonable because all market participants benefit
from Customer order flow.
---------------------------------------------------------------------------

    \34\ See NYSE Arca's Fee Schedule.
    \35\ See Exchange Rule 1014 titled ``Obligations and
Restrictions Applicable to Specialists and Registered Options
Traders.''
---------------------------------------------------------------------------

    The Exchange believes that its proposed rate of $.45 per contract
for Singly Listed indexes is reasonable because the Chicago Board
Options Exchange, Incorporated (``CBOE'') assesses a Firm and a
Professional $.40 per contract for trading SPX.\36\ The Exchange
believes that assessing Firms and Professionals $.45 per contract in
Singly Listed equities, ETFs and HOLDRs is reasonable because NYSE Arca
assesses Firms and Broker-Dealers $.50 per contract for equities, ETFs
and HOLDRs that are not in the Penny Pilot.\37\ The Exchange is not
amending the rates it assesses Broker-Dealers for Singly Listed indexes
and equities. The rate for Singly Listed equities, ETFs and HOLDRs is
the same rate the Exchange assesses Broker-Dealers transacting
electronic Penny Pilot and non-Penny Pilot orders today.\38\ The
Exchange believes that assessing Customers a lower rate to transact
Singly Listed indexes is reasonable because it would increase Customer
order flow to the Exchange and such increased liquidity would benefit
all market participants.
---------------------------------------------------------------------------

    \36\ See CBOE's Fees Schedule. CBOE also assesses a surcharge
fee of $0.10 for SPX which applies to all non-public customer
transactions, including voluntary professionals, and professionals.
    \37\ See NYSE Arca's Fee Schedule. Presumably, this includes
options only listed on NYSE Arca.
    \38\ See Section II of the Exchange's Fee Schedule.
---------------------------------------------------------------------------

    Finally, the Exchange believes that assessing market makers a fee
of $.35 per contract for Singly Listed Currencies is reasonable because
it is lower than the fee of $.45 plus a royalty fee of $.10 per
contract that NYSE Arca assesses market makers that electronically
execute foreign currency options.\39\ The Exchange is not amending the
fees assessed on market makers transacting Singly Listed indexes. The
Exchange believes that it is reasonable to assess market makers a $.35
per contract fee for equities, ETFs and HOLDRs because NYSE Arca
assesses market makers $.45 per contract to electronically execute
Penny Pilot options.\40\
---------------------------------------------------------------------------

    \39\ See NYSE Arca's Fee Schedule.
    \40\ See NYSE Arca's Fee Schedule.
---------------------------------------------------------------------------

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 not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\41\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2011-34. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal offices
of the Exchange. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2011-34, and should be submitted on or before April 14, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
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    \42\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-6908 Filed 3-23-11; 8:45 am]
BILLING CODE 8011-01-P