[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62612-62613]
[FR Doc No: 2013-24562]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC14-3-000.
    Applicants: Hardee Power Partners Limited
    Description: Application for Authorization under Section 203 of the
Federal Power Act and Request for Waivers and Expedited Action of
Hardee Power Partners Limited.
    Filed Date: 10/11/13
    Accession Number: 20131011-5029
    Comments Due: 5 p.m. ET 11/1/13

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-4-000.
    Applicants: PE Hydro Generation, LLC
    Description: Self-Certification of EG of PE Hydro Generation, LLC.
    Filed Date: 10/10/13
    Accession Number: 20131010-5028
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: EG14-5-000.
    Applicants: Seneca Generation, LLC
    Description: Self-Certification of EG of Seneca Generation, LLC.
    Filed Date: 10/10/13
    Accession Number: 20131010-5029
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: EG14-6-000.
    Applicants: Lake Lynn Generation, LLC
    Description: Self-Certification of EG of Lake Lynn Generation, LLC.
    Filed Date: 10/10/13
    Accession Number: 20131010-5030
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: EG14-7-000.
    Applicants: All Dams Generation, LLC
    Description: Self-Certification of EG of All Dams Generation, LLC.
    Filed Date: 10/10/13
    Accession Number: 20131010-5031
    Comments Due: 5 p.m. ET 10/31/13

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

    Docket Numbers: ER12-2292-004.
    Applicants: Southwest Power Pool, Inc.
    Description: Compliance Filing and Request for Limited Waiver to be
effective 3/19/2013.
    Filed Date: 10/10/13
    Accession Number: 20131010-5038
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: ER13-1100-001.
    Applicants: Energy Technology Savings LLC
    Description: Notice of Non-Material Change in Status of Energy
Technology Savings LLC.
    Filed Date: 10/10/13
    Accession Number: 20131010-5139
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: ER13-1885-001.
    Applicants: Malacha Hydro Limited Partnership
    Description: Malacha Hydro Limited Partnership submits 2012 Price
Amendment to PPA to be effective 10/10/2013.
    Filed Date: 10/11/13
    Accession Number: 20131011-5002
    Comments Due: 5 p.m. ET 11/1/13

    Docket Numbers: ER14-69-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits Revision to OATT
Att Q to correct up-to congestion credit exposure calculation to be
effective 9/1/2013.
    Filed Date: 10/10/13
    Accession Number: 20131010-5086
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: ER14-69-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits Revision to OATT
Att Q to correct up-to congestion credit exposure calculation to be
effective 9/1/2013.
    Filed Date: 10/10/13

    Accession Number: 20131010-5086
    Comments Due: 5 p.m. ET 10/31/13

    Docket Numbers: ER14-70-000.
    Applicants: Tampa Electric Company
    Description: Tampa Electric Company submits First Revised Rate
Schedule No 83 Trilateral Agreement w SEC and HPP to be effective 12/
31/9998.
    Filed Date: 10/11/13
    Accession Number: 20131011-5020
    Comments Due: 5 p.m. ET 11/1/13

    Docket Numbers: ER14-71-000.
    Applicants: Southern California Edison Company
    Description: Southern California Edison Company submits Amended
Distribution Service Agmt--QF Resources to be effective 12/11/2013.
    Filed Date: 10/11/13
    Accession Number: 20131011-5022
    Comments Due: 5 p.m. ET 11/1/13

    Docket Numbers: ER14-73-000.
    Applicants: Entergy Services, Inc.
    Description: Application Proposing Amendments to the Entergy System
Agreement of Entergy Services, Inc.
    Filed Date: 10/11/13
    Accession Number: 20131011-5092
    Comments Due: 5 p.m. ET 11/1/13

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

    Docket Numbers: ES14-1-000.
    Applicants: Mississippi Power Company
    Description: Application of Mississippi Power Company for
authorization to issue securities under section 204 of the Federal
Power Act and request for exemption from competitive bidding
requirements.
    Filed Date: 10/10/13
    Accession Number: 20131010-5140
    Comments Due: 5 p.m. ET 10/31/13

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

    Dated: October 15, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-24562 Filed 10-21-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 249 (Monday, December 31, 2018)]
[Notices]
[Pages 67768-67772]
[FR Doc No: 2018-28397]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84927; File No. SR-CboeBZX-2018-090]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Halt Auction Process

December 21, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 18, 2018, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to amend the Halt Auction process. The text of the
proposed rule change is attached as Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Halt
Auction process used to re-open BZX listed securities following certain
Regulatory Halts. In 2017, the Exchange amended its Halt Auction
process for re-opening a security following a Trading Pause initiated
pursuant to the Plan to Address Extraordinary Market Volatility--i.e.,
the ``Limit Up-Limit Down'' or ``LULD'' Plan.\5\ Specifically, the
Exchange modified its rules such that initial Halt Auction Collars
following a Trading Pause would be calculated using a new methodology
based on the Price Band that triggered the Trading Pause, and
instituted a process for extending the auction and further widening the
collars if necessary to accommodate buy or sell pressure

outside of the collars then in effect.\6\ The Exchange believes that
these changes have been effective in facilitating a fair and orderly
market following Trading Pauses initiated pursuant to the Limit Up-
Limit Down Plan, and has decided to implement similar functionality for
all other Regulatory Halts, such as material news halts or trading
halts following the initiation of the market wide circuit breaker
mechanism (``Non-LULD Regulatory Halts'').\7\ The Exchange believes
that the proposed changes would promote price formation by providing a
consistent and orderly Halt Auction process for members and investors
following all Regulatory Halts, similar to the current implementation
on NYSE Arca, Inc. (``Arca'').\8\
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    \5\ See Securities Exchange Act Release Nos. 79162 (October 26,
2016), 81 FR 75875 (November 1, 2016) (Notice); 79884 (January 26,
2017), 82 FR 8968 (February 2, 2017) (Approval Order) (SR-BatsBZX-
2016-61).
    \6\ The Exchange also modified its clearly erroneous rules to
provide that executions as a result of a Halt Auction under Rule
11.23, which encompasses all Halt Auctions, including but not
limited to those following a Trading Pause, are not eligible to for
a request to review as clearly erroneous under Rule 11.23(d).
    \7\ A marketwide circuit breaker is triggered if the price of
the S&P 500 Index declines by a specified amount compared to the
closing price for the immediately preceding trading day. See BZX
Rule 11.18(a).
    \8\ See Securities Exchange Act Release Nos. 79107 (October 18,
2016), 81 FR 73159 (October 24, 2016) (Notice); 79846 (January 19,
2017), 82 FR 8548 (January 26, 2017) (Approval Order) (SR-NYSEArca-
2016-130).
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    Currently, BZX Rule 11.23(d)(2)(B) describes the process for
extending the Quote-Only Period for IPO and Halt Auctions, other than
Halt Auctions following a Trading Pause, which are described in the
recently added BZX Rule 11.23(d)(2)(C).\9\ As provided in BZX Rule
11.23(d)(2)(B), the Quote-Only Period may be extended where: (i) There
are unmatched market orders on the Auction Book associated with the
auction; (ii) in an IPO Auction, the underwriter requests an extension;
(iii) where the Indicative Price moves the greater of 10% or fifty
cents in the fifteen seconds prior to the auction; or (iv) in the event
of a technical or systems issue at the Exchange that may impair the
ability of Users to participate in the IPO Auction or of the Exchange
to complete the IPO Auction. The Exchange proposes to amend this rule
such that this process would continue to be followed solely for IPO
Auctions or Halt Auctions following a Non-Regulatory Halt. For Halt
Auctions following a Non-LULD Regulatory Halt, the Exchange proposes to
follow a process similar to that currently applied for Halt Auctions
following a Trading Pause, as described in BZX Rule 11.23(d)(2)(C).
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    \9\ The term ``Quote-Only Period'' means a designated period of
time prior to a Halt Auction, a Volatility Closing Auction, or an
IPO Auction during which Users may submit orders to the Exchange for
participation in the auction. See BZX Rule 11.23(a)(17).
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    BZX Rule 11.23(d)(2)(C), which describes the current process for
incremental quote period extensions for Halt Auctions following a
Trading Pause, provides that the Quote-Only Period commences five
minutes prior to such Halt Auction, and is extended for an additional
five minutes (``Initial Extension Period'') should a Halt Auction be
unable to be performed due to a market order imbalance under BZX Rule
11.23(d)(2)(B)(i),\10\ or where the Indicative Price,\11\ before being
adjusted for Halt Auction Collars, is outside the applicable Halt
Auction Collars set forth in BZX Rule 11.23(d)(2)(C)(i) and (ii)
(either, an ``Impermissible Price''). After the Initial Extension
Period, the Quote-Only Period is extended for additional five minute
periods should a Halt Auction be unable to be performed due to an
Impermissible Price until a Halt Auction occurs (``Additional Extension
Period'').\12\ The Exchange attempts to conduct a Halt Auction during
the course of each Additional Extension Period. Furthermore, the Halt
Auction is cancelled at 3:50 p.m., at which time the auction for the
security is conducted pursuant to the Volatility Closing Auction
process under BZX Rule 11.23(e).
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    \10\ A market order imbalance exists when there are unmatched
market orders on the Auction Book associated with the auction. See
BZX Rule 11.23(d)(2)(B)(i). Since Rule 11.23(d)(2)(B), as amended,
would apply solely to IPO Auctions to Halt Auctions following a Non-
Regulatory Halt, the Exchange proposes to replace the reference to a
market order imbalance under Rule 11.23(d)(2)(B)(i) with the text of
the language included therein.
    \11\ The term ``Indicative Price'' means the price at which the
most shares from the Auction Book and the Continuous Book would
match. In the event of a volume based tie at multiple price levels,
the Indicative Price will be the price which results in the minimum
total imbalance. In the event of a volume based tie and a tie in
minimum total imbalance at multiple price levels, the Indicative
Price will be the price closest to the Volume Based Tie Breaker. See
BZX Rule 11.23(a)(10).
    \12\ In the event of any extension to the Quote-Only Period as
set forth in Rule 11.23(d)(2)(B) or (C), the Exchange notifies
market participants regarding the circumstances and length of the
extension. See BZX Rule 11.23(d)(2)(D).
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    The Exchange now proposes to amend BZX Rule 11.23(d)(2)(C) to
implement this process for Halt Auctions following a Non-LULD
Regulatory Halt as well. The proposed process for re-opening a BZX
listed security after a Non-LULD Regulatory Halt would be identical to
the process employed today for Halt Auctions following a Trading Pause,
with only two differences that relate to the calculation of initial
Halt Auction Collars. First, today the Halt Auction Reference Price for
Halt Auctions following a Trading Pause is equal the price of the Upper
or Lower Price Band that triggered the halt. Similar to the current
implementation on Arca,\13\ the Exchange proposes that the initial Halt
Auction Collar following a Non-LULD Regulatory Halt would instead be
based on a Halt Auction Reference Price equal to the price of the Final
Last Sale Eligible Trade (``FLSET'').\14\ Second, today for Halt
Auctions following a Trading Pause, if the Halt Auction Reference Price
is the Lower (Upper) Price Band: (1) The initial upper (lower) Halt
Auction Collar is the Upper (Lower) Price Band, and (2) the lower
(upper) Halt Auction Collar is five percent less (greater) than the
Halt Auction Reference Price, or $0.15 less (greater) than the Halt
Auction Reference Price for securities with a Halt Auction Reference
Price of $3.00 or less, in each case rounded to the nearest minimum
price variation. Similar to the current implementation on Arca,\15\ the
Exchange proposes that Halt Auction Collars following a Non-LULD
Regulatory Halt, would be calculated as described in (2) above, with
this calculation applied to both the lower and upper collar. For
example, if the FLSET for a security subject to a Non-

LULD Regulatory Halt is $100.00, then the initial Halt Auction Collars
would be $95.00 x $105.00--i.e., five percent below and above the
FLSET.
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    \13\ Arca's halt auction collars are based on an auction
reference price equal to the last consolidated round-lot price of
that trading day and, if none, the prior trading day's official
closing price (except as provided for in Arca Rule 7.35- E(e)(7)(A))
for trading halt auctions other than auctions following a Trading
Pause. See Arca Rule 7.35E(a)(8)(A), (e)(7)(A).
    \14\ The term ``Final Last Sale Eligible Trade'' or ``FLSET''
means the last trade occurring during Regular Trading Hours on the
Exchange if the trade was executed within the last one second prior
to either the Closing Auction or, for Halt Auctions, trading in the
security being halted. Where the trade was not executed within the
last one second, the last trade reported to the consolidated tape
received by BZX Exchange during Regular Trading Hours and, where
applicable, prior to trading in the security being halted will be
used. If there is no qualifying trade for the current day, the BZX
Official Closing Price from the previous trading day will be used.
See BZX Rule 11.23(a)(9).
    The FLSET is the Commission approved last sale formulation
designed for use in BZX auctions, including the Halt Auction. See
Securities Exchange Act Release Nos. 65266 (September 6, 2011), 76
FR 56249 (September 12, 2011) (Notice); 65619 (October 25, 2011), 76
FR 67238 (October 31, 2011) (Approval Order) (SR-BATS-2011-032). The
FLSET as defined in BZX Rule 11.23(a)(9) is equivalent to Arca's
reference price in substance, except that the most recent trade
executed on BZX during Regular Trading Hours is used if such a trade
is executed within the last one second prior to the halt. The
Exchange believes that is appropriate to use the price of a trade on
the primary listing market, i.e., BZX, to set the reference price
for auctions in BZX-listed securities when such a trade has been
executed recently. Using the FLSET as currently formulated and
approved would therefore ensure that the reference price selected
provides a familiar and desirable experience for member and
investors participating in BZX auctions.
    \15\ See Arca Rule 7.35E(e)(7)(B)(ii).
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    All other logic currently in place for Halt Auctions Collars
following a Trading Pause would be used for Halt Auctions following a
Non-LULD Regulatory Halt, including the process for initiating
extensions. Specifically, as is the case for Halt Auctions following a
Trading Pause today, at the beginning of the Initial Extension Period
the upper (lower) Halt Auction Collar would be increased (decreased) by
five percent in the direction of the Impermissible Price, rounded to
the nearest minimum price variation. For securities with a Halt Auction
Reference Price of $3.00 or less, the Halt Auction Collar would be
increased (decreased) in $0.15 increments in the direction of the
Impermissible Price. At the beginning of each Additional Extension
Period, the Halt Auction Collar would be widened in accordance with BZX
Rule 11.23(d)(2)(C)(ii) by the same amount as the Initial Extension
Period.
    The Exchange also proposes to amend BZX Rule 11.23(d)(2)(E) to
reflect the proposed changes to the Halt Auction Collars described
above, and make other technical corrections to that rule. Currently,
BZX Rule 11.23(d)(2)(E) provides that IPO Auctions for ETPs are
executed within the Collar Price Range, and Halt Auctions for ETPs are
executed within the Halt Auction Collars. Although the Exchange has
traditionally been a listing venue for ETPs, the Exchange now lists one
corporate security--i.e., the stock of its parent company, Cboe Global
Markets, Inc. The Exchange therefore proposes to eliminate the outdated
reference to ETPs in this section. Furthermore, as described in more
detail in the prior paragraphs, the Halt Auction Collars provided in
BZX Rule 11.23(d)(2)(C) would apply to Halt Auctions following a
Regulatory Halt, including both Trading Pauses and Non-LULD Regulatory
Halts. The Collar Price Range, meanwhile, is used for Halt Auctions
following either an IPO Auction or a Non-Regulatory Halt. The Exchange
therefore proposes to amend the rule to state that the applicable
Collar Price Range will be used for IPO Auctions and Halt Auctions
following a Non-Regulatory Halt, while the applicable Halt Auction
Collar will be used for Halt Auctions following a Regulatory Halt.
    Finally, the Exchange proposes to amend its Volatility Closing
Auction to account for the widened Halt Auction Collars following a
Regulatory Halt, similar to handling on Arca.\16\ The Exchange conducts
a Volatility Closing Auction for a halted security instead of the
normal Closing Auction or Halt Auction, if the security halted between
3:50 p.m. and 4:00 p.m. pursuant to BZX Rule 11.18, or the Quote-Only
Period of a Halt Auction for a security halted before 3:50 p.m.
pursuant to BZX Rule 11.18 would otherwise be extended by the Exchange
after 3:50 p.m. Currently, orders are executed in the Volatility
Closing Auction at the price level within the Collar Price Range that
maximizes the number of shares executed in the auction, with certain
tie-breakers in the event that there is a volume based tie at multiple
price levels. Instead of using the Collar Price Range, the Exchange
proposes to preserve the widened collars discussed in this filing for
Halt Auctions following either a Trading Pause or Non-LULD Regulatory
Halt.\17\ As proposed, orders would be executed at the price level
within the most recently widened Halt Auction Collar calculated
pursuant to BZX Rule 11.23(d)(1)(C) that maximizes the number of shares
executed in the auction.\18\
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    \16\ See infra note 18.
    \17\ The most recently widened Halt Auction Collars calculated
pursuant to Rule 11.23(d)(1)(C) would be used in all instances,
including where the security goes directly into the Volatility
Closing Auction without first being processed in a Halt Auction.
    \18\ Arca also uses auction collars based on the most recently
widened collars for the halt auction that did not occur when
transitioning to a closing auction instead of the regular halt
auction at the end of core trading hours. See Arca Rule 7.35-
E(e)(10)(B).
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\19\ in general, and
Section 6(b)(5) of the Act,\20\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with the protection of investors and the public interest because it
would amend the Halt Auction process following a Non-LULD Regulatory
Halt to be more closely aligned with behavior currently implemented for
Halt Auctions following a Trading Pause. The Exchange recently amended
its re-opening process following a Trading Pause to better account for
buy or sell pressure by changing the manner in which initial Halt
Auction Collars are established, and widening the collars as
appropriate to accommodate trading interest submitted to participate in
the auction. The Exchange believes that these changes have been
generally successful in facilitating a fair and orderly process for re-
opening securities following a Trading Pause. The Exchange has
therefore decided to use a similar process for Halt Auctions following
a Non-LULD Regulatory Halt. The Exchange believes that extending the
current process for setting and widening Halt Auction Collars following
a Trading Pause to Halt Auctions following a Non-LULD Regulatory Halt
would benefit investors by facilitating price discovery and promoting
consistency in how the Exchange conducts Halt Auctions following a
Regulatory Halt.
    While the proposed process for Halt Auctions following a Non-LULD
Regulatory Halt would largely follow the process in place today for
Halt Auctions following a Trading Pause, there would be two notable
differences. Both of these differences are designed to ensure that
suitable Halt Auction Collars are utilized for Halt Auctions following
Non-LULD Regulatory Halts. For instance, while an Auction Reference
Price based on the Price Band that triggered the Trading Pause
continues to be appropriate in the context of Halt Auctions following
Trading Pauses, the Exchange believes that a different reference is
necessary for Halt Auctions following Regulatory Halts that are
unrelated to the LULD mechanism. The Exchange has chosen to use the
FLSET as the Halt Auction Reference Price in these circumstances as
this price is reflective of the current market for the halted security.
Similarly, the Exchange believes that it is appropriate to calculate
both upper and lower collars that are a specified percentage or dollar
amount from this reference price because Non-LULD Regulatory Halts do
not involve security specific buy or sell pressure. Both of these
differences mirror the application of Halt Auction Collars on Arca
today,\21\ and would therefore provide both a fair and familiar
experience for members

and investors trading BZX listed securities.
---------------------------------------------------------------------------

    \21\ Although there are minor differences between the FLSET and
the reference price used by Arca, the Exchange believes that it is
appropriate to use the FLSET as the reference price as this price
represents the last sale calculation used for auctions in BZX listed
securities pursuant to Rule 11.23. See supra note 14.
---------------------------------------------------------------------------

    Similar to Halt Auctions following a Trading Pause, the Exchange
believes that the proposed changes are consistent with the protection
of investors and the public interest because they are designed to
facilitate price discovery by ensuring that all market order interest
could be satisfied in Halt Auctions following a Non-LULD Regulatory
Halt. Furthermore, the Exchange believes that the standardized
procedures to extend Halt Auctions an additional five minutes are
appropriate because this would provide additional time to attract
offsetting liquidity. If at the end of such extension, market orders
still cannot be satisfied within the applicable Halt Auction Collar, or
if the re-opening auction would be priced outside of the applicable
collars, the Exchange would extend the Halt Auction an additional five
minutes. The Exchange believes that extending the auction in these
circumstances would protect investors and the public interest by
reducing the potential for significant price disparity in post-auction
trading. With each such extension, the Exchange believes that it is
appropriate to widen the Halt Auction Collar on the side of the market
on which there is buying or selling pressure as market conditions may
prevent an imbalance from being resolved within the prior auction
collars.
    The Exchange also believes that it is appropriate to amend its
rules to properly indicate when the Collar Price Range and Halt Auction
Collars are used. As discussed elsewhere in this proposed rule change,
the applicable Collar Price Range would be used for IPO Auctions and
Halt Auctions following a Non-Regulatory Halt, and the applicable Halt
Auction Collar described in Rule 11.23(d)(2)(C) would be used for all
Halt Auctions following a Regulatory Halt, including both Trading
Pauses and Non-LULD Regulatory Halts. The proposed rule changes would
remove unnecessary and outdated references to ETPs and make other
changes consistent with the framework discussed in this proposed rule
change for the calculation of auction collars. The Exchange therefore
believes that the amended rule would increase transparency around the
operation of the Exchange's auctions, and is therefore consistent with
the public interest and the protection of investors.
    Finally, the Exchange believes that it is consistent with the
protection of investors and the public interest to preserve the widened
Halt Auction Collars following a Regulatory Halt when no Halt Auction
has occurred prior to 3:50 p.m. and the Exchange therefore performs a
Volatility Closing Auction. Using the most recently widened Halt
Auction Collars in these circumstances ensures that buy or sell pricing
pressure that resulted in the Exchange widening the Halt Auction
Collars is appropriately accounted for when the Exchange transitions to
a Volatility Closing Auction. The Exchange believes that the process
for setting Halt Auction Collars following a Regulatory Halt
facilitates price discovery and the maintenance of a fair and orderly
market. Allowing these collars to persist, similar to Arca, would
further ensure that the collars used for the Volatility Closing Auction
would appropriately reflect the market for the security in a manner
that facilitates price discovery when the Exchange transitions to a
closing process instead of re-opening the security pursuant to the Halt
Auction process.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to provide for a measured and transparent process for re-
opening BZX listed securities after a Non-LULD Regulatory Halt that
mirrors the current Halt Auction process following a Trading Pause
initiated pursuant to the Limit Up-Limit Down Plan. A similar process
is already used by Arca across all Regulatory Halts, and the Exchange
believes that this handling would be beneficial for market participants
that trade BZX listed securities. Rather than burden competition, the
Exchange believes that the proposed rule change is evidence of the
robust competition between equities markets that benefits members and
investors.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \22\ and
Rule 19b-4(f)(6) thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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 change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2018-090 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2018-090.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-CboeBZX-2018-090 and should
be submitted on or before January 22, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2018-28397 Filed 12-28-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Notices]
[Page 68160-68161]
[DOCID:fr04de07-70]

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

[EPA-R05-OAR-2007-0957; FRL-8501-2]

Adequacy Status of the Kewaunee County, Wisconsin, Submitted 8-
Hour Ozone Redesignation and Maintenance Plan for Transportation
Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (MVEBs) for 8-hour ozone in
Kewaunee County, Wisconsin are adequate for conformity purposes. As a
result of our finding, Kewaunee County

must use the MVEBs from the submitted 8-hour ozone redesignation and
maintenance plan for future conformity determinations.

DATES: This finding is effective December 19, 2007.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Life Scientist,
Criteria Pollutant Section (AR-18J), Air Programs Branch, Air and
Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8777<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'' or ``our'' is used, we mean EPA.

Background

    Today's action is simply an announcement of a finding that we have
already made. EPA Region 5 sent a letter to the Wisconsin Department of
Natural Resources on November 6, 2007, stating that the 2012 and 2018
MVEBs in Kewaunee County are adequate. Wisconsin submitted the budgets
as part of the 8-hour ozone redesignation request and maintenance plan
for this area. This submittal was announced on EPA's conformity
website, and received no comments: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
, (once there, click on ``What SIP

submissions are currently under EPA adequacy review?'').
    The 2012 and 2018 MVEBs, in tons per day (tpd), for volatile
organic compounds (VOC) and oxides of nitrogen (NOX) for
Kewaunee County are as follows:

------------------------------------------------------------------------
                                                 2012 MVEB    2018 MVEB
                                                   (tpd)        (tpd)
------------------------------------------------------------------------
VOC...........................................         0.43         0.32
NOX...........................................         0.80         0.47
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do. Conformity to a State
Implementation Plan (SIP) means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the national ambient air quality standards.
    The criteria by which we determine whether a SIP's motor vehicle
emission budgets are adequate for conformity purposes are outlined in
40 CFR 93.118(e)(4). We have described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, preamble
starting at 69 FR 40038, and we used the information in these resources
while making our adequacy determination. Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.
    The finding and the response to comments are available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm
.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 20, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-23493 Filed 12-3-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Rules and Regulations]
[Page 1274-1275]
[DOCID:fr11ja10-5]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2009-N-0665]

Implantation or Injectable Dosage Form New Animal Drugs;
Florfenicol and Flunixin

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Final rule.

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

SUMMARY:  The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of an original new animal drug
application (NADA) filed by Intervet, Inc. The NADA provides for
veterinary prescription use of a combination injectable solution
containing

florfenicol and flunixin meglumine in cattle.

DATES:  This rule is effective January 11, 2010.

FOR FURTHER INFORMATION CONTACT: Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV-130), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Intervet, Inc., 56 Livingston Ave.,
Roseland, NJ 07068, filed NADA 141-299 that provides for use RESFLOR
GOLD (florfenicol and flunixin meglumine), a combination injectable
solution, for treatment of bovine respiratory disease (BRD) associated
with Mannheimia haemolytica, Pasteurella multocida, and Histophilus
somni, and control of BRD-associated pyrexia in beef and non-lactating
dairy cattle. The NADA is approved as of November 23, 2009, and the
regulations in 21 CFR part 522 are amended by adding Sec.  522.956 to
reflect the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and
effectiveness data and information submitted to support approval of
this application may be seen in the Division of Dockets Management
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.
    Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for
3 years of marketing exclusivity beginning on the date of approval.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects in 21 CFR Part 522

    Animal drugs.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is
amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

0
2. Add Sec.  522.956 to read as follows:

Sec.  522.956   Florfenicol and flunixin.

    (a) Specifications. Each milliliter (mL) of solution contains 300
milligrams (mg) florfenicol and 16.5 mg flunixin (27.37 mg flunixin
meglumine).
    (b) Sponsor. See No. 000061 in Sec.  510.600(c) of this chapter for
use as in paragraph (d) of this section.
    (c) Tolerances. See Sec. Sec.  556.283 and 556.286 of this chapter.
    (d) Conditions for use in cattle--(1) Amount. 40 mg florfenicol/kg
body weight (BW) and 2.2 mg flunixin/kg BW (equivalent to 2 mL/15 kg BW
or 6 mL/100 lbs) once, by subcutaneous injection.
    (2) Indications for use. For treatment of bovine respiratory
disease (BRD) associated with Mannheimia haemolytica, Pasteurella
multocida, and Histophilus somni, and control of BRD-associated pyrexia
in beef and non-lactating dairy cattle.
    (3) Limitations. Federal law restricts this drug to use by or on
the order of a licensed veterinarian. Animals intended for human
consumption must not be slaughtered within 38 days of treatment. Do not
use in female dairy cattle 20 months of age or older. Use of
florfenicol in this class of cattle may cause milk residues. A
withdrawal period has not been established in preruminating calves. Do
not use in calves to be processed for veal.

    Dated: December 31, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-209 Filed 1-8-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88126-88127]
[FR Doc No: 2016-29338]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2014-0598; FRL-9956-05-OW]
RIN 2040-AF68

Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category--Implementation Date Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to extend the implementation deadline for certain facilities
subject to the final rule establishing pretreatment standards under the
Clean Water Act (CWA) for discharges of pollutants into publicly owned
treatment works (POTWs) from onshore unconventional oil and gas (UOG)
extraction facilities.

DATES: The final rule is effective December 7, 2016. In accordance with
40 CFR part 23, this regulation shall be considered issued for purposes
of judicial review at 1 p.m. Eastern time on December 21, 2016. Under
section 509(b)(1) of the CWA, judicial review of this regulation can be
had only by filing a petition for review in the U.S. Court of Appeals
within 120 days after the regulation is considered issued for purposes
of judicial review. Under section 509(b)(2), the requirements in this
regulation may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2014-0598. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form. This
material can be viewed at the Water Docket in the EPA Docket Center,
EPA/DC, EPA West William Jefferson Clinton Bldg,. Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading room is 202-566-
1744, and the telephone number for the Water Docket is<PHONE_NUMBER>.
Publicly available docket materials are available electronically
through http://www.regulations.gov. A detailed record index, organized
by subject, is available on EPA's Web site at https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines.

FOR FURTHER INFORMATION CONTACT: For more information, see the EPA's
Web site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines. For technical information, contact Karen Milam,
Engineering and Analysis Division (4303T), Office of Water,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    Entities potentially regulated by this final action include:

----------------------------------------------------------------------------------------------------------------
                                                                                North American
                                                                                Industry
                Category                               Example of regulated entity               Classification
                                                                                System  (NAICS)
                                                                                Code
----------------------------------------------------------------------------------------------------------------
Industry................................  Crude Petroleum and Natural Gas Extraction..........            211111
Industry................................  Natural Gas Liquid Extraction.......................            211112
----------------------------------------------------------------------------------------------------------------

II. Supplementary Information

A. Background

    The EPA promulgated revisions to the Effluent Guidelines and
Standards for the Oil and Gas Extraction Point Source Category which
established pretreatment standards for onshore UOG extraction
facilities (81 FR 41845, June 28, 2016). This final pretreatment
standards rule prohibited the discharge of pollutants in UOG extraction
wastewater to POTWs, and established an effective date of August 29,
2016. In the preamble to the final pretreatment standards rule, the EPA
indicated that because UOG facilities were currently meeting this zero
discharge requirement, the implementation deadline for these
pretreatment standards would be the same as the effective date of the
final rule. After promulgation of the final rule, the EPA received two
letters indicating that there are likely facilities discharging UOG
wastewater to POTWs; this was new information to the EPA.
    In light of this post-promulgation information, on September 30,
2016 (81 FR 67266, September 30, 2016), the EPA published a proposed
rule to extend the compliance date to August 29, 2019, for existing
sources that were lawfully discharging UOG wastewater to POTWs on or
between the date of the Federal Register Notice of the proposed UOG
pretreatment standards rule (80 FR 18557, April 17, 2015) and the date
of the Federal Register action of the final UOG pretreatment standards
rule (81 FR 41845, June 28, 2016). For purposes of this final rule,
compliance date and implementation date are used interchangeably.

B. Description of EPA's Action

    Based on the post-promulgation information submitted to the EPA
suggesting that there are likely facilities subject to the final UOG
pretreatment standards rule that are currently discharging UOG
wastewater to POTWs, the EPA is extending the compliance date for
existing sources that were lawfully discharging to POTWs on or between
April 7, 2015 and June 28, 2016, to three years from the effective date
of the rule--to August 29, 2019. This final rule does not change the
compliance date for all other facilities subject to the final onshore
UOG extraction pretreatment standards rule.

C. Response to Comments

    Comments received in response to the proposed rulemaking supported
the extension of the compliance date for these facilities. The EPA did
not receive any comments that opposed or otherwise questioned the
appropriateness of the extension of the compliance date. The EPA did,
however, receive comments regarding the applicability of the underlying
pretreatment standards rule. Specifically, these comments disagreed
with the definition of ``unconventional'' in the final UOG rule,
arguing that the definition was ``overly broad'' or ``arbitrary,'' and
suggested alternative definitions of ``unconventional'' that

may exclude certain operators in Pennsylvania that have been sending
their wastewater to POTWs. These comments are outside the scope of the
proposed rule, which was specifically limited to the extension of the
compliance date. See 81 FR 67267; September, 30, 2016 (``EPA will not
consider any comment submitted on the proposed rule published today on
any topic other than the appropriateness of an extension of the
compliance date; any other comments will be considered outside the
scope of this rulemaking.''). As clarified in the preamble to the
proposed rulemaking, the rule simply extends the implementation
deadline for certain facilities subject to the underlying final UOG
pretreatment standard rule and does not otherwise amend the final
pretreatment standards rule in any way. See 81 FR 67266, 67267;
September 30, 2016 (incorporating rationale set forth in direct final
rule at 81 FR 67191, 67192; September 30, 2016). Therefore, the EPA
maintains that comments regarding the applicability of the underlying
pretreatment standards rule are outside the scope of the proposed rule.
Any such challenges were required to be raised with respect to the
underlying pretreatment standards rule, and not with this final rule,
which is limited to the extension of the compliance date.
    The EPA's extension of the compliance date by three years is
reasonable, as acknowledged by industry commenters on the direct final
rule. See, e.g., Comments from Pennsylvania Independent Oil and Gas
Association (finding the three year extension to be ``a reasonable,
measured and appropriate accommodation.''). As noted in the proposed
rule, this is consistent with the EPA's General Pretreatment
regulations, which require existing sources to meet categorical
pretreatment standards within three years of the effective date of such
standards, unless a shorter compliance time is specified therein. 40
CFR 403.6(b). Although commenters expressed generalized concerns about
adverse impacts on facilities that have been sending UOG wastewater to
POTWs, these generalized concerns are not sufficient to undermine the
reasonableness of a three year timeframe for these facilities to meet
the pretreatment standard--particularly when the rulemaking record for
the EPA's final UOG pretreatment standard rule demonstrates that other
similarly-situated operators are currently meeting the zero discharge
pretreatment standard today. EPA did not receive any comments or data
attempting to explain why the facilities subject to this final rule
would need longer than three years in order to meet the requirements
that are currently being met by the vast majority of the industry.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. With respect to the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), this action will not have a significant economic impact
on a substantial number of small entities--as this direct final
relieves regulatory burden by extending the compliance date for any
businesses (including small businesses) that were discharging UOG
wastewater to POTWs at the time of issuance of the pretreatment
standard. For the Sections 202 and 205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104-4), this action does not significantly
or uniquely affect small governments. The action imposes no incremental
enforceable duty on any state, local or tribal governments or the
private sector. This action does not create new binding legal
requirements that substantially and directly affect Tribes under
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does
not have significant Federalism implications under Executive Order
13132 (64 FR 43255, August 10, 1999). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). This action
does not involve technical standards; thus, the requirements of Section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.

Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 435

    Environmental protection, Pretreatment, Unconventional oil and gas
extraction, Waste treatment and disposal, Water pollution control.

    Dated: November 28, 2016.
Gina McCarthy,
Administrator.

    Therefore, 40 CFR part 435 is amended as follows:

PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY

0
1. The authority citation for part 435 continues to read as follows:

    Authority:  33 U.S.C. 1251, 1311, 1314, 1316, 1317, 1318, 1342
and 1361.

Subpart C--Onshore Subcategory

0
2. Amend Sec.  435.33 by adding paragraph (a)(3) to read as follows:

Sec.  435.33   Pretreatment standards for existing sources (PSES).

    (a) * * *
    (3) Compliance deadline for existing sources. Existing sources
discharging into publicly owned treatment works on or between April 7,
2015 and June 28, 2016, shall comply with the PSES by August 29, 2019.
All other existing sources shall comply by August 29, 2016.
* * * * *
[FR Doc. 2016-29338 Filed 12-6-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Page 22726]
[FR Doc No: 2020-08632]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8315-015]

Eagle Creek Sartell Hydro, LLC; Notice of Intent to File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 8315-015.
    c. Date Filed: February 27, 2020.
    d. Submitted By: Eagle Creek Sartell Hydro, LLC (Eagle Creek).
    e. Name of Project: Sartell Hydroelectric Project.
    f. Location: On the Mississippi River in Stearns and Benton
Counties, Minnesota. No federal lands are located within the project
boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Michael Scarzello, Regulatory
Director, Eagle Creek Sartell Hydro, LLC, 116 N. State Street, P.O. Box
167, Neshkoro, WI 54960; phone:<PHONE_NUMBER>.
    i. FERC Contact: Michael Davis at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Eagle Creek filed its request to use the Traditional Licensing
Process on February 27, 2020. Eagle Creek provided public notice of its
request on February 19, 2020. In a letter dated April 17, 2020, the
Director of the Division of Hydropower Licensing approved Eagle Creek
Sartell Hydro, LLC's request to use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service under section 7 of the Endangered
Species Act and the joint agency regulations thereunder at 50 CFR, Part
402. We are also initiating consultation the Minnesota State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Eagle Creek as the
Commission's non-federal representative for carrying out informal
consultation, pursuant to section 7 of the Endangered Species Act and
section 106 of the National Historic Preservation Act.
    m. Eagle Creek filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed and/or printed on the
Commission's website (http://www.ferc.gov), using the eLibrary link.
Enter the docket number, excluding the last three digits in the docket
number field to access the document. At this time, the Commission has
suspended access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 8315. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by February 28,
2023.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: April 17, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-08632 Filed 4-22-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Pages 3830-3831]
[FR Doc No: 2014-01312]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Risk Communication Advisory Committee; Notice of Postponement of
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is postponing the
meeting of the Risk Communication Advisory Committee scheduled for
February 3 and 4, 2014. The meeting was announced in the Federal
Register of January 3, 2014 (79 FR 398). The meeting is postponed due
to unavoidable operational changes. Future meeting dates will be
announced in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Luis G. Bravo, Office of Planning,
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm.
3274, Silver Spring, MD 20993,<PHONE_NUMBER>, or email<EMAIL_ADDRESS>or FDA Advisory Committee Information

Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). Please
call the Information Line for up-to-date information on this meeting.

    Dated: January 17, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-01312 Filed 1-22-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Page 3182]
[FR Doc No: 2011-1114]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on January 20, 2011
at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    Item 1: The Commission will consider whether to adopt new rules to
implement Section 943 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act relating to the use of representations and warranties in
the market for asset-backed securities.
    Item 2: The Commission will consider whether to adopt rules to
implement Section 945 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, which requires an issuer of asset-backed securities
(ABS) to perform a review of the assets underlying the ABS and disclose
information relating to the review.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 13, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1114 Filed 1-14-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35805-35807]
[FR Doc No: 2023-11624]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0383]
RIN 1625-AA00

Safety Zone; Whites Bay, Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of Whites Bay. This action is
necessary to provide for the safety of life on these navigable waters
near Henderson Harbor, NY, during a fireworks display on July 1, 2023.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Buffalo or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0383 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1, Julio Maldonado, MSD Massena,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On February 17, 2023, Sean James notified the Coast Guard that it
will be conducting a private fireworks display from 9:30 p.m. to 10
p.m. on July 1, 2023. The fireworks are to be launched from a barge in
the center of Whites Bay approximately 167 yards from shore in
Henderson Harbor, NY. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Buffalo (COTP) has determined
that potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 140-yard radius
of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 140-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9 to 10:30
p.m. on July 1, 2023. The safety zone would cover all navigable waters
within 140 yards of a barge in Whites Bay located approximately 167
yards from shore in Henderson Harbor, NY. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9:30 to 10 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Whites Bay for less than 1 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry within 140 yards of a
fireworks barge. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0383 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column,

and click on it. Then click on the Comment option. If you cannot submit
your material by using https://www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION CONTACT section of this proposed
rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0383 to read as follows:

Sec.  165.T09-0383  Safety Zone; Safety Zone; Whites Bay, Henderson
Harbor, NY.

    (a) Location. The following area is a safety zone: All waters of
Henderson Harbor, from surface to bottom, encompassing a 140 yard
radius from a barge in position 43[deg]52'13.4'' N, 076[deg]13'27.1''
W. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Buffalo (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER>. Those in the safety zone
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
    (d) Enforcement period. This safety zone will be enforced from 9
p.m. to 10:30 p.m. on July 1, 2023.

    Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11624 Filed 5-31-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Proposed Rules]
[Pages 76688-76691]
[FR Doc No: 2010-30918]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0612]
RIN 1625-AA09

Drawbridge Operation Regulation; Isle of Wight (Sinepuxent) Bay,
Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay,
mile 0.5, at Ocean City, MD. This proposed rule will require any
mariner requesting an opening in the evening hours during the off-
season, to do so before the tender office has vacated for the night.
The proposed change will ensure draw tender availability for every
scheduled opening. The Coast Guard also proposes to change the waterway
location from Isle of Wight Bay to Isle of Wight (Sinepuxent) Bay. This
waterway is known locally as both Isle of Wight Bay and Sinepuxent Bay.

DATES: Comments and related material must reach the Coast Guard on or
before February 7, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-

2010-0612 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Ms. Lindsey Middleton, Fifth District Bridge
Administration Division, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http:[sol][sol]www.regulations.gov and will include
any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0612), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http:[sol][sol]www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http:[sol][sol]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 Docket Management Facility. We recommend that you
include your name and a mailing address, an e-mail address, or a phone
number in the body of your document so that we can contact you if we
have questions regarding your submission.
    To submit your comment online, go to
http:[sol][sol]www.regulations.gov, click on the ``submit a comment''
box, which will then become highlighted in blue. In the ``Document
Type'' drop down menu select ``Proposed Rules'' and insert ``USCG-2010-
0612'' in the ``Keyword'' box. Click ``Search'' then click on the
balloon shape in the ``Actions'' column. 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 them 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 may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2010-0612'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our 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 notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Basis and Purpose

    The Maryland Department of Transportation (MdTA) has requested a
change to the operating procedure for the double-leaf bascule US 50
Bridge. This change would require that the draw shall open on signal;
except that, from 6 p.m. to 6 a.m., from October 1 to April 30 of every
year, the draw shall open on signal if notice is given to the bridge
before 6 p.m.
    The current regulation, set out in 33 CFR 117.559, requires that
the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 0.5, at
Ocean City, with a vertical clearance of 13 feet above mean high tide
in the closed position, shall open on signal; except from October 1
through April 30 from 6 p.m. to 6 a.m., the draw shall open if at least
three hours notice is given and from May 25 through September 15, from
9:25 a.m. to 9:55 p.m., the draw shall open at 25 minutes after and 55
minutes after the hour for a maximum of five minutes to let accumulated
vessel pass, except that, on Saturdays from 1 p.m. to 5 p.m., the draw
shall open on the hour for all waiting vessels and shall remain in the
open position until all waiting vessels pass.
    According to the records furnished by MdTA, draw tender logs for
the past three years show that there have been little to no requests
for bridge openings from October 1 to April 30, between the hours of 6
p.m. and 6 a.m. By providing notice to the bridge tender before 6 p.m.,
mariners can plan their transits and minimize delay in accordance with
the proposed rule.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.559 for the US 50
bridge, mile 0.5, at Ocean City. The current paragraph would be divided
into paragraphs (a) and (b).
    Paragraph (a) would contain the proposed rule and require the
drawbridge to open on signal from October 1 through April 30, from 6
p.m. to 6 a.m., if notice has been given to the bridge tender before 6
p.m.
    Paragraph (b) would contain the existing regulation that states the
following: From May 25 through September 15 from 9:25 a.m. to 9:55 p.m.
the draw shall open at 25 minutes after and 55 minutes after the hour
for a maximum of five minutes to let accumulated vessels pass, except
that, on Saturdays from 1 p.m. to 5 p.m., the draw shall open on the
hour for all waiting vessels and shall remain in the

open position until all waiting vessels pass.
    The change in the operating regulation would ensure a timely bridge
opening for mariners during the off-season, from October 1 through
April 30 from 6 p.m. to 6 a.m.
    The Atlantic Ocean is the alternate route for vessels transiting
this section of Isle of Wight (Sinepuxent) Bay. Vessels with a mast
height of less than 13 feet can pass underneath the bridge in the
closed position at anytime.
    The Coast Guard also proposes to change the waterway location at
section 117.559 Isle of Wight Bay, by inserting the name Sinepuxent
Bay, since this waterway is known locally as both the Isle of Wight Bay
and the Sinepuxent Bay.

Regulatory Analyses

    We developed this proposed 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 proposed 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. The proposed changes are
expected to have only a minimal impact on maritime traffic transiting
the bridge.
    Mariners can plan their trips in accordance with the scheduled
bridge openings to minimize delays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels needing to transit the bridge from 6 p.m. to 6
a.m. from October 1 to April 30. This action will not have a
significant economic impact on a substantial number of small entities
because the rule adds minimal restrictions to the movement of
navigation, by requiring mariners from October 1 to April 30, from 6
p.m. to 6 a.m., to give notice to the bridge tender before 6 p.m.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lindsey Middleton, Bridge
Management Specialist, Fifth Coast Guard District,<PHONE_NUMBER> or
<EMAIL_ADDRESS>The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for
inflation) or more in any one year. Though this proposed 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 proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Revise Sec.  117.559 to read as follows:

Sec.  117.559  Isle of Wight (Sinepuxent) Bay

    The draw of the US 50 Bridge, mile 0.5, at Ocean City, shall open
on signal; except:
    (a) From October 1 through April 30, from 6 p.m. to 6 a.m., the
draw shall open if notice has been given to the bridge tender before 6
p.m.
    From May 25 through September 15, from 9:25 a.m. to 9:55 p.m., the
draw shall open at 25 minutes after and 55 minutes after the hour for a
maximum of five minutes to let accumulated vessels pass, except that on
Saturdays, from 1 p.m. to 5 p.m., the draw shall open on the hour for
all waiting vessels and shall remain in the open position until all
waiting vessels pass.

    Dated: November 24, 2010.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2010-30918 Filed 12-8-10; 8:45 am]
BILLING CODE 9110-04-P