[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Notices]
[Pages 31269-31270]
[FR Doc No: E9-15458]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL09-53-001]

Easton Utilities Commission; Notice of Filing

June 24, 2009.
    Take notice that on June 22, 2009, Easton Utilities Commission
filed a Supplemental Prepared Direct Testimony by John E. Hines III,
P.E. designated as Exhibit No. EUC-9, supporting information designated
as Exhibit No. EUC-10, and its Rate Schedule for Reactive Service,
designated at Rate Schedule No. 1, Original Sheet No. 1, to supplement
its Petition for Declaratory Order filed with the Commission on May 6,
2009 under Docket No. EL09-53-000.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time on July 2, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-15458 Filed 6-29-09; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57322-57325]
[FR Doc No: 2017-25990]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82162; File No. SR-NYSEAMER-2017-26]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing of Proposed Rule Change To Amend Rule 971.1NY To Amend the
Duration of a Customer Best Execution Auction

November 28, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on November 17, 2017, NYSE American LLC (the ``Exchange'' or
``NYSE American'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s (b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 971.1NY (Electronic Cross
Transactions) to amend the duration of a Customer Best Execution
(``CUBE'') Auction. The proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 971.1NY to modify the
parameters for the duration of a CUBE Auction. The CUBE Auction is an
electronic crossing mechanism for single-leg orders with a price
improvement auction on the Exchange.
    An ATP Holder (``Initiating Participant'') may initiate a CUBE
Auction by electronically submitting for execution a limit order it
represents as agent on behalf of a public customer, broker dealer, or
any other entity (``CUBE Order'') against principal interest or against
any other order it represents as agent, provided the Initiating
Participant complies with Rule 971.1NY. When the Exchange receives a
valid CUBE Order for auction processing, a Request for Responses
(``RFR'') detailing the series, the side of

the market, the size of the CUBE Order, and the limit price of the CUBE
Order is sent to all ATP Holders that subscribe to receive RFR
messages. Currently, the Auction lasts for a random period of time
between 500-750 milliseconds, unless it is concluded early.\4\ The
Exchange proposes to amend Rule 971.1NY(c)(2)(B) to provide that the
duration of a CUBE Auction shall be a random period of time within
parameters designated by the Exchange, which random time period [sic]
shall be no less than 100 milliseconds and no more than 1 second. This
proposed change is consistent with the recently amended rules of other
exchanges, such as the NASDAQ International Securities Exchange
(``ISE''), NASDAQ BX (``BX''), NASDAQ PHLX (``PHLX''), Miami
International Securities Exchange, LLC (``MIAX''), and Chicago Board
Options Exchange (``CBOE'').\5\ When approving the change to exposure
periods in these mechanisms, the Securities and Exchange Commission
(``Commission'') concluded that reducing the time periods was
consistent with the Act.\6\
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    \4\ See Rule 971.1NY(c)(2)(B) (providing that the Response Time
Interval is ``the period of time during which responses to the RFR
may be entered, which will last for a random period of time between
500 and 750 milliseconds''). See Rule 971.1NY(c)(4)(A)-(F)
(providing the scenarios that would result in the early end of a
CUBE Auction).
    \5\ See Securities Exchange Act Release Nos. 79733 (January 4,
2017), 82 FR 3055 (January 10, 2017) (SR-ISE-2016-26); 76301
(October 29, 2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032);
77557 (April 7, 2016), 81 FR 21935 (April 13, 2016) (SR-PHLX-2016-
40); 80570 (May 1, 2017), 82 FR 21288 (May 5, 2017) (SR-MIAX-2017-
16); and 80421 (April 10, 2017), 82 FR 18048 (April 14, 2017) (SR-
CBOE-2017-029).
    \6\ Id.
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    The Exchange believes that moving to the proposed range structure
provides the Exchange with greater flexibility in establishing the
optimal duration for the CUBE Auction. The Exchange believes that
permitting a minimum duration as low as 100 milliseconds would reduce
market risk for all ATP Holders executing trades on the Exchange via
the CUBE Auction. Initiating Participants are required to guarantee an
execution at the National Best Bid or Offer (``NBBO'') or at a better
price, and are subject to market risk during the time the CUBE Order is
exposed to other ATP Holders.\7\ While other participants are also
subject to market risk, those providing RFR Responses may cancel their
responses.\8\ The Exchange believes that the Initiating Participant
plays a critical role in the CUBE Auction process. Their willingness to
guarantee that CUBE Orders receive an execution at the NBBO or, in some
cases, a better price, is the catalyst for an order gaining the
opportunity for price improvement. The Exchange believes that allowing
a CUBE Auction period of no less than 100 milliseconds and no more than
1 second (when the CUBE does not conclude early) \9\ would benefit ATP
Holders utilizing the CUBE Auction. The Exchange believes it could be
in the best interest of Initiating Participants to minimize the CUBE
Auction duration while continuing to allow other ATP Holders adequate
time to respond with their best priced responses.
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    \7\ See Rule 971.1NY(a).
    \8\ See Rule 971.1NY(c)(2)(C)(i)(d).
    \9\ See supra note 4.
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    The Exchange notes the Commission previously approved other
exchanges' rules that provide for a specified auction response time as
low as 100 milliseconds and that the Exchange is not proposing to go
lower than the lowest previously approved timer range.\10\ Further,
consistent with this proposal, the Commission has likewise allowed
other exchanges to retain the flexibility to choose a response period
of up to 1 second.\11\
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    \10\ See supra note 5.
    \11\ See, e.g., ISE Rule 723(c)(1) (providing ISE ``will
designate via circular a time of no less than 100 milliseconds and
no more than 1 second'' during which its members can submit
responses to the ISE price improvement mechanism).
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    Accordingly, the Exchange proposes to amend Rule 971.1NY(c)(2)(B)
to remove the reference to the duration of the current timer setting
and replace it with language providing that ``[t] he Response Time
Interval will last for a random period of time within parameters
determined by the Exchange and announced by Trader Update. The minimum/
maximum parameters for the Response Time Interval will be no less than
100 milliseconds and no more than one (1) second.'' \12\ The Exchange
will continue to utilize a random timer for each CUBE Auction, because
it believes (as it articulated when adopting the CUBE), that the use of
a random time period for RFR Responses provides the CUBE with a
functional difference to distinguish it from similar price improvement
mechanisms offered by other exchanges.\13\
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    \12\ See proposed Rule 971.1NY(c)(2)(B).
    \13\ See Securities Exchange Act Release No. 72025 (April 25,
2014), 79 FR 24779, 24782 and 24787 (May 1, 2017) (SR-NYSEMKT-2014-
17) (the ``CUBE Approval Order'') (describing the operation of the
random timer for the duration of the Response Timer Interval).
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    The Exchange does not believe that requiring the CUBE Auction to
run for a random time of at least 500 milliseconds (absent an early
end) is necessary in today's market where, generally, ATP Holders'
systems have the capability to respond within 100 milliseconds or less.
As such, reducing the minimum potential Response Time Interval in the
CUBE is appropriate as ATP Holders no longer need 500 milliseconds to
respond to an Auction. Further, reducing the potential minimum Response
Time Interval would allow ATP Holders the opportunity to seek out
liquidity in an expedient manner that is consistent with today's system
capabilities.
    The Exchange believes that ATP Holders operate electronic systems
that enable them to react and respond to orders in a meaningful way in
fractions of a second. The Exchange anticipates that its ATP Holders
would continue to compete within the proposed Response Time Interval
designated by the Exchange. In particular, the Exchange believes that
the proposed Response Time Interval--which would be a random period of
time no less than 100 milliseconds and no more than 1 second--would
continue to provide ATP Holders with sufficient time to respond to,
compete for, and provide price improvement for CUBE Orders. As such,
the Exchange believes this proposed change would continue to provide
the investing public with more timely executions, and reduce their
market risk.
    To substantiate that ATP Holders are able to receive, process and
communicate a response to an auction broadcast within 100 milliseconds,
the Exchange surveyed all responders to a CUBE Auction over the last
three months. Each of these ATP Holders confirmed that they can
receive, process and communicate a response back to the Exchange within
100 milliseconds.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it has the
necessary systems capacity to handle the potential additional traffic
associated with the additional transactions that may occur with the
implementation of the proposed modification to the Response Time
Interval to no less than 100 milliseconds. Additionally, the Exchange
represents that its System will be able to sufficiently maintain an
audit trail for order and trade information with the reduction in the
Response Time Interval.
Implementation
    Pursuant to the modified rule, the Exchange will announce by Trader
Update any changes to the current random time period applicable to CUBE
Auctions in advance.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b)

of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the proposed rule change would provide investors
with more timely execution of their option orders, while ensuring that
there is an adequate exposure of orders in the mechanisms.
Additionally, the proposed change could provide more CUBE Orders an
opportunity for price improvement because it would reduce market risk
for ATP Holders that participate in CUBE Auctions. Finally, as
mentioned above, other exchanges such as ISE, BX, PHLX, MIAX, and CBOE,
have already amended their rules to permit response times consistent
with the instant proposal--i.e., no less than 100 milliseconds and no
more than 1 second.\16\ As such, the Exchange believes the proposed
rule change would help perfect the mechanism for a free and open
national market system, and generally help protect investors and the
public's interest.\17\
---------------------------------------------------------------------------

    \16\ See supra note 5.
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change is not unfairly
discriminatory because the Response Time Interval for each CUBE Auction
would be the same for all participating ATP Holders. As is the case
today, all ATP Holders would continue to have an equal opportunity to
receive the broadcast and respond with their best prices during the
auction. Additionally, the Exchange believes the proposed modification
to the Response Time Interval to be as low as 100 milliseconds would
reduce the market risk for all ATP Holders, inclusive of Initiating
Participants and those ATP Holders responding to a CUBE Action.\18\
---------------------------------------------------------------------------

    \18\ The Exchange notes that, as proposed, the duration of a
CUBE Auction could be a maximum of 1 second, as determined and
announced by the Exchange.
---------------------------------------------------------------------------

    Finally, the proposal would promote just and equitable principles
of trade because it would allow the Exchange to continue to use a
random timer for each CUBE Auction (within the outside parameters
announced by the Exchange), which timer provides the CUBE with a
functional difference to distinguish it from similar price improvement
mechanisms offered by other exchanges.\19\ The Exchange believes this
flexibility would allow the Exchange to modify the outside parameters
of uninterrupted CUBE Auctions to provide ATP Holders with sufficient
time to submit RFR Responses and would encourage competition among
participants, thereby enhancing the potential for price improvement for
the CUBE Order.
---------------------------------------------------------------------------

    \19\ See CUBE Approval Order, supra note 13.
---------------------------------------------------------------------------

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 proposal to provide the
Exchange flexibility in determining potentially shorter durations for
CUBE Auctions does not impose an undue burden on intra-market
competition as the Exchange believes that allowing for a Response Time
Interval of no less than 100 milliseconds and no more than 1 second
(absent an early end) would benefit all ATP Holders utilizing the CUBE
Auctions. Specifically, it is in Initiating Participants' best interest
to minimize the Response Time Interval while continuing to allow other
ATP Holders adequate time to electronically respond.
    The proposed rule would allow ATP Holders to respond quickly at the
most favorable price while reducing the risk that the market will move
against that response. The Exchange believes that its ATP Holders would
be able to compete within a Response Time Interval of no less than 100
milliseconds and no more than 1 second, and that any random duration
within this range is a sufficient amount of time to respond to, compete
for, and provide price improvement for CUBE Orders, which would, in
turn, provide investors and other market participants more timely
executions, and reduce their market risk.
    The Exchange does not believe its proposed rule change would impose
an undue burden on inter-market competition as the Exchange notes other
exchanges offer similar functionality with similar auction duration
lengths.\20\
---------------------------------------------------------------------------

    \20\ See supra note 5. See also ISE Rule 723(c)(1); BX Rules,
Chapter VI, Section 9(ii)(A)(3); PHLX Rule 1080(n)(ii)(A)(4); MIAX
Rule 515A; and CBOE Rule 6.74A and 6.74B.
---------------------------------------------------------------------------

    For all the reasons stated, the Exchange does not believe that the
proposed rule change would impose any burden on competition not
necessary or appropriate in furtherance of the purposes of the Act, and
believes the proposed change would enhance competition.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please
include File Number SR-NYSEAMER-2017-26 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAMER-2017-26. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-NYSEAMER-2017-26 and should
be submitted on or before December 26, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
Eduardo A. Aleman,
Assistant Secretary.
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    \21\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-25990 Filed 12-1-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Rules and Regulations]
[Page 48059]
[FR Doc No: 2019-19741]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2019-0544]

Special Local Regulations; Marine Events Within the Fifth Coast
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the special local regulation for
the Ocean City Air Show on September 15, 2019 from 12:00 p.m. to 3:00
p.m., to provide for the safety of life on navigable waterways during
this event. Our regulation for marine events within the Fifth Coast
Guard District identifies the regulated area for this event as Ocean
City, NJ. During the enforcement periods, the operator of any vessel in
the regulated area must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.

DATES: The regulation in 33 CFR 100.501 for the special local
regulation listed in item (a)(11) in the table to Sec.  100.501 will be
enforced from 12:00 p.m. to 3:00 p.m. on September 15, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Thomas
Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
regulations as described in section (a), row (11) of the table to in 33
CFR 100.501 for the Ocean City Air Show from 12:00 p.m. to 3:00 p.m. on
September 15, 2019. These actions are being taken to provide for the
safety of life on navigable waterways during this event. Our regulation
for marine events within the Fifth Coast Guard District, table to Sec.
100.501, section (a), row (11), specifies the location of the regulated
area as all waters of the North Atlantic Ocean, adjacent to Ocean City,
New Jersey, bounded by a line connecting the following points: latitude
39[deg]15'57'' N, longitude 074[deg]35'09'' W, thence northeast to
latitude 39[deg]16'34'' N, longitude 074[deg]33'54'' W, thence
southeast to latitude 39[deg]16'17'' N, longitude 074[deg]33'29'' W,
thence southwest to latitude 39[deg]15'40'' N, longitude
074[deg]34'46'' W, thence northwest to point of origin, near Ocean
City, NJ.
    During the enforcement periods, as reflected in Sec.  100.100(c),
if you are the operator of a vessel in the regulated area you must
comply with directions from the Patrol Commander or any Official Patrol
displaying a Coast Guard ensign.
    In add addition to this notice of enforcement in the Federal
Register, the Coast Guard will provide notification of the enforcement
periods via broadcast notice to mariners.

    Dated: September 6, 2019.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2019-19741 Filed 9-11-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 31 (Friday, February 14, 2014)]
[Notices]
[Pages 9036-9038]
[FR Doc No: 2014-03339]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0124]

Qualification of Drivers; Application for Exemptions; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces that 51 individuals have applied for a medical
exemption from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs). If the Agency determines the exemptions
would satisfy the statutory requirements and decides to grant theses
requests after reviewing the public comments submitted in response to
this notice, the exemptions would enable 51 individuals to operate CMVs
in interstate commerce.

DATES: Comments must be received on or before March 17, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0124 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Motor Carrier Safety Administration has authority to
grant exemptions from many of the Federal Motor Carrier Safety
Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has
published in 49 CFR Part 381, subpart C final rules implementing the
statutory changes in its exemption procedures made by section 4007, 69
FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C,
FMCSA must publish a notice of each exemption request in the Federal
Register. The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted and any research reports,
technical papers and other publications referenced in the application.
The Agency must also provide an opportunity to submit public comment on
the applications for exemption.
---------------------------------------------------------------------------

    \1\ This action adopted as final rules the interim final rules
issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)),
and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)].
---------------------------------------------------------------------------

    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved without the exemption. The decision of the Agency must be
published in the Federal Register. If the Agency denies the request, it
must state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must also specify the
effective period of the exemption (up to 2 years) and explain the terms
and conditions of the exemption. The exemption may be renewed.
    The current provisions of the FMCSRs concerning hearing state that
a person is physically qualified to drive a CMV if that person

    First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951.

    49 CFR 391.41(b)(11). This standard was adopted in 1970, with a
revision in 1971 to allow drivers to be qualified under this standard
while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36
FR 12857 (July 3, 1971).

    FMCSA also issues instructions for completing the medical
examination report and includes advisory criteria on the report itself
to provide guidance for medical examiners in applying the hearing
standard. See 49 CFR 391.43(f). The current advisory criteria for the
hearing standard include a reference to a report entitled ``Hearing
Disorders and Commercial Motor Vehicle Drivers'' prepared for the
Federal Highway Administration, FMCSA's predecessor, in 1993.\2\
---------------------------------------------------------------------------

    \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm.
---------------------------------------------------------------------------

FMCSA Requests Comments on the Exemption Applications

    FMCSA requests comments from all interested parties on whether a
driver who cannot meet the hearing standard should be permitted to
operate a CMV in interstate commerce. Further, the Agency asks for
comments on whether a driver who cannot meet the hearing standard
should be limited to operating only certain types of vehicles in
interstate commerce, for example, vehicles without air brakes. The
statute and implementing regulations concerning exemptions require that
the Agency request public comments on all applications for exemptions.
The Agency is also required to make a determination that an exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption
before granting any such requests. 49 U.S.C.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number ``FMCSA-2013-0124'' and
click the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2013-0124'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Information on Individual Applicants

Brooks Andresen

    Mr. Andresen, 33, holds a driver's license in Utah.

Alexey Belousov

    Mr. Belousov, 36, holds a driver's license in Maryland.

Richard Boggs

    Mr. Boggs, 36, holds a driver's license in Ohio.

Conley Bowling

    Mr. Bowling, 34, holds a driver's license in Kentucky.

Marquarius Boyd

    Mr. Boyd, 22, holds a driver's license in Mississippi.

Charles Breidenthal

    Mr. Breidenthal, 61, holds a driver's license in California.

Adam Brown

    Mr. Brown, 31, holds a driver's license in Texas.

Kwinton C. Carpenter

    Mr. Carpenter, 28, holds a driver's license in Ohio.

Ronald Dillon, Jr.

    Mr. Dillon, 48, holds a driver's license in California.

Clark Dobson

    Mr. Dobson, 49, holds a driver's license in California.

Louis Dominik

    Mr. Dominik, 53, holds a driver's license in Texas.

Kareem M. Douglas

    Mr. Douglas, 38, holds a driver's license in Ohio.

Craig Eberhart

    Mr. Eberhart, 42, holds a driver's license in Pennsylvania.

Anthony Farinacci

    Mr. Farinacci, 49, holds a driver's license in Ohio.

Timothy D. Finley

    Mr. Finley, 47, holds a driver's license in California.

Danny E. Fisk

    Mr. Fisk, 56, holds a driver's license in Colorado.

Christopher Fitzwater

    Mr. Fitzwater, 26, holds a driver's license in Virginia.

Kenneth Frilando

    Mr. Frilando, 45, holds a driver's license in New York.

Timothy Gallagher

    Mr. Gallagher, 50, holds a driver's license in Pennsylvania.

John R. Harper, Jr.

    Mr. Harper, 32, holds a driver's license in Illinois.

Kenneth E. Harris

    Mr. Harris, 38, holds a driver's license in Missouri.

Susan D. Helgerson

    Ms. Helgerson, 48, holds a driver's license in Wisconsin.

Kimberly Hicks

    Ms. Hicks, 46, holds a driver's license in Illinois.

Devon T. Hinds

    Mr. Hinds, 55, holds a driver's license in Colorado.

Ryan S. Howard

    Mr. Howard, 40, holds a driver's license in New York.

Gregory Ingram

    Mr. Ingram, 27, holds a driver's license in North Carolina.

Bernard LaFayette

    Mr. LaFayette, 58, holds a driver's license in California.

Christopher Lucki

    Mr. Lucki, 31, holds a driver's license in Illinois.

Joshua Matlow

    Mr. Matlow, 33, holds a driver's license in Texas.

Kathy Mazique

    Ms. Mazique, 30, holds a driver's license in Illinois.

David W. McCoy

    Mr. McCoy, 62, holds a driver's license in California.

Clair Mitcham

    Ms. Mitcham, 55, holds a driver's license Texas.

Jeffrey S. Moore

    Mr. Moore, 34, holds a driver's license in Pennsylvania.

Christopher Morgan

    Mr. Morgan, 24, holds a driver's license in Massachusetts.

Quinton Murphy

    Mr. Murphy, 31, holds a driver's license in Wisconsin.

William Noble

    Mr. Noble, 62, holds a driver's license in New York.

Veniamin Panteleimonov

    Mr. Panteleimonov, 33, holds a driver's license in California.

Kelly Pulvermacher

    Mr. Pulvermacher, 26, holds a driver's license in Wisconsin.

Jeremy Reams

    Mr. Reams, 36, holds a driver's license in Kentucky.

Victor M. Robinson

    Mr. Robinson, 30, holds a driver's license in Louisiana.

Darrin A. Rutley

    Mr. Rutley, 31, holds a driver's license in New York.

Samuel Sherman

    Mr. Sherman, 35, holds a driver's license in Minnesota.

Andrey Shevchenko

    Mr. Shevchenko, 21, holds a driver's license in Minnesota.

Ronald K. Smith, Jr.

    Mr. Smith, 32, holds a driver's license in Texas.

Willine D. Smith

    Ms. Smith, 51, holds a Class B commercial driver's license (CDL) in
Florida.

William Templeton

    Mr. Templeton, 43, holds a driver's license in Georgia.

Timothy A. Terpak

    Mr. Terpak, 27, holds a driver's license in Pennsylvania.

Jeremy L. Thrush

    Mr. Thrush, 26, holds a driver's license in Pennsylvania.

Carlos A. Torres

    Mr. Torres, 29, holds a driver's license in Florida.

John K. Turner, III

    Mr. Turner, 48, holds a driver's license in Colorado.

Chad Weaver

    Mr. Weaver, 31, holds a driver's license in Georgia.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment from all interested persons on the exemption
petitions described in this notice. The Agency will consider all
comments received before the close of business March 17, 2014. Comments
will be available for examination in the docket at the location listed
under the ADDRESSES section of this notice. The Agency will file
comments received after the comment closing date in the public docket,
and will consider them to the extent practicable. In addition to late
comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should monitor the public docket for new
material.

    Issued On: January 23, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-03339 Filed 2-13-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices]
[Page 65704]
[DOCID:fr26oc10-148]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Applications for
Modification of Special Permit

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Modification of Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the applications described herein. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Requests for modification of special
permits (e.g. to provide for additional hazardous materials, packaging
design changes, additional mode of transportation, etc.) are described
in footnotes to the application number. Application numbers with the
suffix ``M'' denote a modification request. These applications have
been separated from the new application for special permits to
facilitate processing.

DATES: Comments must be received on or before November 10, 2010.
    Address Comments To: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue SE., Washington DC or at http://regulations.gov.
    This notice of receipt of applications for modification of special
permit is published in accordance with Part 107 of the Federal
hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR
1.53(b)).

    Issued in Washington, DC, on October 6, 2010.
Donald Burger,
Chief, Special Permits and Approvals Branch.

----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)
      Application No.          Docket No.          Applicant             affected       Nature of special permit
----------------------------------------------------------------------------------------------------------------
                                          MODIFICATION SPECIAL PERMITS
----------------------------------------------------------------------------------------------------------------
10529-M...................  ...............  LND, Inc.,            49 CFR 173.302;      To modify the special
                                              Oceanside, NY.        175.3.               permit to authorize
                                                                                additional Division 2.1
                                                                                and 2.2 gases
11579-M...................  ...............  Dyno Nobel, Inc.,     49 CFR 177.848(e)    To modify the special
                                              Salt Lake City, UT.   (2); 177.848(g)(3).  permit to authorize a
                                                                                one year extension of
                                                                                the redundant battery
                                                                                cut-off requirement
                                                                                from January 1,2011 to
                                                                                January 1, 2012.
14457-M...................  ...............  Amtrol Alfa           49 CFR               To modify the special
                                              Metalomecanica, SA,   173.304a(a)(1);      permit to add an
                                              Portugal.             175.3.               additional Division 2.1
                                                                                hazardous material.
14922-M special...........  ...............  Peninsula Airways     49 CFR 173.302(f)..  To reissue the permit
                                              Inc. (PenAir),                             originally issued on an
                                              Anchorage, AK.                             emergency basis
                                                                                authorizing the
                                                                                transportation
                                                                                incommerce of
                                                                                compressed oxygen
                                                                                without rigid outer
                                                                                packaging when no other
                                                                                means of transportation
                                                                                exist.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2010-26725 Filed 10-25-10; 8:45 am]
BILLING CODE 4909-60-M


[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Notices]
[Page 18098]
[FR Doc No: 2019-08097]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85682; File No. SR-CboeBZX-2018-044]

Cboe BZX Exchange, Inc.; Order Scheduling Filing of Statements on
Review

April 17, 2019.
    On June 21, 2018, Cboe BZX Exchange, Inc. (``BZX'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend BZX Rule
14.11(c) to permit either the portfolio holdings of a series of Index
Fund Shares or the index underlying a series of Index Fund Shares to
satisfy the listing standards under BZX Rules 14.11(c)(3), (4), and
(5). The proposed rule change was published for comment in the Federal
Register on July 11, 2018.\3\ On August 23, 2018, the Division of
Trading and Markets (``Division''), for the Commission pursuant to
delegated authority, extended the time period for Commission action on
the proposed rule change.\4\ On September 28, 2018, BZX filed Amendment
No. 1 to the proposed rule change, which amended and replaced the
proposed rule change as originally filed.\5\ On October 5, 2018, the
Division, for the Commission pursuant to delegated authority, published
notice of Amendment No. 1 and instituted proceedings pursuant to
Section 19(b)(2)(B) of the Act \6\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment No. 1.\7\
On December 21, 2018, pursuant to Section 19(b)(2) of the Act,\8\ the
Division, for the Commission pursuant to delegated authority,
designated a longer period within which to issue an order approving or
disapproving the proposed rule change, as modified by Amendment No.
1.\9\ The Commission received one comment letter on the proposed rule
change.\10\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83594 (July 5,
2018), 83 FR 32158 (July 11, 2018).
    \4\ See Securities Exchange Act Release No. 83919 (August 23,
2018), 83 FR 44083 (August 29, 2018).
    \5\ Amendment No. 1 is available at: https://www.sec.gov/comments/sr-cboebzx-2018-044/srcboebzx2018044-4468884-175849.pdf.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 84378 (October 5,
2018), 83 FR 51745 (October 12, 2018).
    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See Securities Exchange Act Release No. 84948 (December 21,
2018), 83 FR 67785 (December 31, 2018).
    \10\ See letter from Kyle Murray, Assistant General Counsel,
Cboe Global Markets, Inc., to Brent J. Fields, Secretary,
Commission, dated November 16, 2018, available at https://www.sec.gov/comments/sr-cboebzx-2018-044/srcboebzx2018044-4657310-176507.pdf.
---------------------------------------------------------------------------

    On March 8, 2019, the Division, for the Commission pursuant to
delegated authority,\11\ disapproved the proposed rule change, as
modified by Amendment No. 1.\12\ On March 18, 2019, the Acting
Secretary of the Commission notified BZX that, pursuant to Commission
Rule of Practice 431,\13\ the Commission would review the Division's
action pursuant to delegated authority and that the Division's action
pursuant to delegated authority was stayed until the Commission orders
otherwise.\14\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
    \12\ See Securities Exchange Act Release No. 85278 (March 8,
2019), 84 FR 9395 (March 14, 2019).
    \13\ 17 CFR 201.431.
    \14\ See letter from Vanessa A. Countryman, Acting Secretary,
Commission, to Kyle Murray, Assistant General Counsel, BZX, dated
March 18, 2019, available at https://www.sec.gov/rules/sro/cboebzx/2019/cboebzx-2018-044-acknowledgement-letter-031819.pdf.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Commission Rule of Practice
431, that by May 17, 2019, any party or other person may file a
statement in support of, or in opposition to, the action made pursuant
to delegated authority.
    It is further ordered that the order disapproving proposed rule
change SR-CboeBZX-2018-044 shall remain in effect pending the
Commission's review.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-08097 Filed 4-26-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65661-65663]
[FR Doc No: 2015-27158]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2014-0568; FRL-9917-72-Region 3]

Outer Continental Shelf Air Regulations Consistency Update for
Maryland

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve an update to a portion of the Outer Continental
Shelf (OCS) Air Regulations for Maryland. Requirements applying to OCS
sources located within 25 miles of States' seaward boundaries must be
updated periodically to remain consistent with the requirements of the
corresponding onshore area (COA), as mandated by the Clean Air Act, as
amended in 1990 (CAA or the Act). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources for which Maryland is the designated COA. The intended effect
of approving the OCS requirements for the Maryland Department of the
Environment is to regulate emissions from OCS sources in accordance
with the requirements onshore.

DATES: This rule is effective on December 28, 2015 without further
notice, unless EPA receives adverse written comment by November 27,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of December 28, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0568 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0568, Dave Campbell, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0568. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Cathleen Van Osten,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 4, 1992, EPA promulgated 40 CFR part 55 which
established requirements to control air pollution from OCS sources in
order to attain and maintain Federal and state ambient air quality
standards and to comply with the provisions of part C of title I of the
CAA. Forty CFR part 55 applies to all OCS sources offshore of the
states except those locations in the Gulf of Mexico west of 87.5
degrees longitude. Section 328 of the CAA requires that for such source
locations within 25 miles of a state's seaward boundary, the
requirements shall be the same as would be applicable if the source
were located in the COA. Because the OCS requirements are based on
onshore requirements, and onshore requirements may change, section
328(a)(1) requires that EPA update the OCS requirements as necessary to
maintain consistency with onshore requirements.
    Pursuant to 40 CFR 55.12 of the OCS rule, consistency reviews will
occur: (1) At least annually; (2) upon receipt of a Notice of Intent
under 40 CFR 55.4; or (3) when a state or local agency submits a rule
to EPA to be considered for incorporation by reference in 40 CFR part
55. This proposed action is being taken in response to requirements
submitted by Maryland. Section 328(a) of the Act requires that EPA
establish requirements to control air pollution from OCS sources
located within 25 miles of states' seaward boundaries that are the same
as onshore requirements. To comply with this statutory mandate, EPA
must incorporate applicable onshore rules into 40 CFR part 55 as they
exist onshore. This limits EPA's flexibility in deciding which
requirements will be incorporated into 40 CFR part 55 and prevents EPA
from making substantive changes to the requirements it incorporates. As
a result, EPA may be incorporating rules into 40 CFR part 55 that do
not conform to all of EPA's state implementation

plan (SIP) guidance or certain requirements of the Act. Consistency
updates may result in the inclusion of state or local rules or
regulations into 40 CFR part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the Act for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

    EPA reviewed Maryland's rules for inclusion in 40 CFR part 55 to
ensure that they are rationally related to the attainment or
maintenance of federal or state ambient air quality standards or part C
of title I of the CAA; that they are not designed expressly to prevent
exploration and development of the OCS; and that they are applicable to
OCS sources. EPA has also evaluated the rules to ensure they are not
arbitrary or capricious. In addition, EPA has excluded administrative
or procedural rules \1\ and requirements that regulate toxics which are
not related to the attainment and maintenance of Federal and State
ambient air quality standards.
---------------------------------------------------------------------------

    \1\ Each COA that has been delegated the authority to implement
and enforce 40 CFR part 55 will use its administrative and
procedural rules as onshore. However, in those instances where EPA
has not delegated authority to implement and enforce 40 CFR part 55,
EPA will use its own administrative and procedural requirements to
implement the substantive requirements.
---------------------------------------------------------------------------

III. Final Action

    EPA is taking direct final action to incorporate the applicable
provisions of the Code of Maryland Regulations into 40 CFR part 55 as
required under section 328(a)(1) of the CAA. EPA is publishing this
rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on December 28, 2015 without further notice unless EPA
receives adverse comment by November 27, 2015. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Maryland
Regulations described in the amendments to 40 CFR part 55 set forth
below. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the Clean Air Act, the Administrator is required to establish
requirements to control air pollution from OCS sources located within
25 miles of states' seaward boundaries that are the same as onshore air
control requirements. To comply with this statutory mandate, EPA must
incorporate applicable onshore rules into 40 CFR part 55 as they exist
onshore. 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS
consistency updates, EPA's role is to maintain consistency between OCS
regulations and the regulations of onshore areas, provided that they
meet the criteria of the Clean Air Act. Accordingly, this action simply
updates the existing OCS requirements to make them consistent with
requirements onshore, without the exercise of any policy discretion by
EPA. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, nor does it impose
substantial direct compliance costs on tribal governments, nor preempt
tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 28, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are

encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 55

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

    Dated: March 10, 2015.
William C. Early,
Acting, Regional Administrator, Region III.

    Editorial Note: This document was received for publication by
the Office of the Federal Register on October 21, 2015.

    Accordingly, 40 CFR part 55 is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

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

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

0
2. Section 55.14 is amended as follows:
0
a. By adding paragraph (d)(10).
0
b. By revising paragraph (e) introductory text.
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c. By adding paragraph (e)(10).

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

* * * * *
    (d) * * *
    (10) Maryland.
    (i) 40 CFR part 52, subpart V.
    (ii) [Reserved]
* * * * *
    (e) State and local requirements. State and local requirements
promulgated by EPA as applicable to OCS sources located within 25 miles
of States' seaward boundaries have been compiled into separate
documents organized by State and local areas of jurisdiction. These
documents, set forth below, are incorporated by reference. This
incorporation by reference was approved by the Director of the Federal
Register Office in accordance with 5 U.S.C. 552 (a) and 40 CFR part 51.
Copies may be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies
of rules pertaining to particular States or local areas may be
inspected or obtained from the EPA Docket Center-Public Reading Room,
EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington,
DC 20004 or the appropriate EPA regional offices: U.S. EPA, Region I
(Massachusetts) 5 Post Office Square, Boston, MA 02109-3912; U.S. EPA,
Region III (Delaware, Maryland, and Virginia) 1650 Arch Street,
Philadelphia, PA 19103,<PHONE_NUMBER>; U.S. EPA, Region 4 (Florida and
North Carolina), 61 Forsyth Street, Atlanta, GA 30303; U.S. EPA, Region
9 (California), 75 Hawthorne Street, San Francisco, CA 94105; and U.S.
EPA Region 10 (Alaska), 1200 Sixth Avenue, Seattle, WA 98101. For an
informational listing of the State and local requirements incorporated
into this part, which are applicable to sources of air pollution
located on the OCS, see appendix A to this part.
* * * * *
    (10) Maryland.
    (i) State requirements.
    (A) State of Maryland Requirements Applicable to OCS Sources,
January 8, 2014.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
* * * * *

0
3. In Appendix A to part 55, add an entry for Maryland in alphabetical
order to read as follows:

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

* * * * *
    Maryland:
    (a) State requirements.
    (1) The following State of Maryland requirements are applicable
to OCS Sources, January 8, 2014, State of Maryland-Department of the
Environment. The following sections of Code of Maryland Regulations
(COMAR) Title 26 Subtitle 11:

COMAR 26.11.01---General Administrative Provisions (Effective as of
July 08, 2013)
COMAR 26.11.02--Permits, Approvals, and Registrations (Effective as
of December 20, 2012)
COMAR 26.11.03--Permits, Approvals, and Registration- Title V
Permits (Effective as of November 12, 2010)
COMAR 26.11.05--Air Pollution Episode System (Effective as of
November 12, 2010)
COMAR 26.11.06--General Emission Standards, Prohibitions, and
Restrictions (Effective as of July 08, 2013)
COMAR 26.11.07--Open Fires (Effective as of November 12, 2010)
COMAR 26.11.08--Control of Incinerators (Effective as of November
26, 2012)
COMAR 26.11.09--Control of Fuel-Burning Equipment, Stationary
Internal Combustion Engines and Certain Fuel-Burning Installations
(Effective as of September 16, 2011)
COMAR 26.11.13--Control of Gasoline and Volatile Organic Compound
Storage and Handling (Effective as of November 12, 2010)
COMAR 26.11.15--Toxic Air Pollutants (Effective as of November 12,
2010)
COMAR 26.11.16--Procedures Related to Requirements for Toxic Air
Pollutants (Effective as of November 12, 2010)
COMAR 26.11.17--Nonattainment Provisions for Major New Sources and
Major Modifications (Effective as of July 08, 2013)
COMAR 26.11.19--Volatile Organic Compounds from Specific Processes
(Effective as of November 09, 2012)
COMAR 26.11.20--Mobile Sources (Effective as of November 12, 2010)
COMAR 26.11.26--Conformity (Effective as of November 12, 2010)
COMAR 26.11.33--Architectural Coatings (Effective as of November 12,
2010)
COMAR 26.11.35--Volatile Organic Compounds from Adhesives and
Sealants (Effective as of November 12, 2010)
COMAR 26.11.36--Distributed Generation (Effective as of June 13,
2011)
* * * * *
[FR Doc. 2015-27158 Filed 10-26-15; 8:45 am]
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