[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Page 9342]
[FR Doc No: 2022-03575]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP22-543-000.
    Applicants: Northern Natural Gas Company.
    Description: Penalty Revenue Crediting Report of Northern Natural
Gas Company.
    Filed Date: 2/11/22.
    Accession Number: 20220211-5113.
    Comment Date: 5 p.m. ET 2/23/22.

    Docket Numbers: RP22-544-000.
    Applicants: Black Hills Shoshone Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Annual Adjustment of Lost and
Unaccounted For Gas Percentage to be effective 4/1/2022.
    Filed Date: 2/11/22.
    Accession Number: 20220211-5125.
    Comment Date: 5 p.m. ET 2/23/22.

    Docket Numbers: RP22-545-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: 3-1-2022 Formula Based
Negotiated Rates to be effective 3/1/2022.
    Filed Date: 2/11/22.
    Accession Number: 20220211-5140.
    Comment Date: 5 p.m. ET 2/23/22.

    Docket Numbers: RP22-546-000.
    Applicants: LA Storage, LLC.
    Description: Sec.  4(d) Rate Filing: Filing of Negotiated Rate,
Conforming IW Agreement (Shell) to be effective 2/14/2022.
    Filed Date: 2/11/22.
    Accession Number: 20220211-5199.
    Comment Date: 5 p.m. ET 2/23/22.

    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. The filings are accessible in the Commission's eLibrary
system (https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by
querying the docket number. 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: February 14, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03575 Filed 2-17-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48150-48151]
[FR Doc No: 2012-19779]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-492-000]

Transwestern Pipeline Company, LLC; Notice of Request Under
Blanket Authorization

    Take notice that on July 27, 2012, Transwestern Pipeline Company,
LLC (Transwestern), 711 Louisiana Street, Suite 900, Houston, Texas
77002-2716, filed a prior notice request pursuant to sections 157.205,
157.208, and 157.210 of the Commission's regulations under the Natural
Gas Act (NGA) for authorization to install piping modifications at its
Gallup Compressor Station in McKinley County, New Mexico, and to update
its West of Thoreau area mainline design capacity by 15 million cubic
feet per day. Transwestern estimates the cost of the proposed project
to be approximately $550,000, all as more fully set forth in the
application, which is on file with the Commission and open to public
inspection. The filing may also be viewed on the Web at 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. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding the application should be directed to Mr.
Kelly Allen, Manager of Certificates and Reporting, Transwestern
Pipeline Company, LLC, 711 Louisiana Street, Suite 900, Houston, Texas
77002-2716, by telephone at<PHONE_NUMBER>, by facsimile at (281) 714-
2181, or by email at<EMAIL_ADDRESS>

    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link.

    Dated: August 6, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19779 Filed 8-10-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11577-11580]
[FR Doc No: 2015-04400]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 62, and 70

[EPA-R07-OAR-2015-0006; FRL9923-68-Region 7]

Approval and Promulgation of Air Quality Implementation Plans,
State Plans for Designated Facilities and Pollutants, and Operating
Permits Program; State of Missouri

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State Implementation Plan
(SIP) and the operating permits program for the State of Missouri which
were received on November 6, 2013, November 20, 2014, March 27, 2014,
July 7, 2014, and July 14, 2014. The revisions submitted by the state
include amendments to rules relating to reference methods, definitions
and common reference tables, ambient air quality standards, and a rule
rescission related to air quality control measures for sources
clustered in small land areas. Many of the revisions are administrative
in nature and either incorporate by reference or update state rules to
match Federal regulations. Some are more substantive, but are non-
controversial. In addition, they provide more clarity for the regulated
public. This direct final action will amend the SIP to include revised
regulations which will then be more consistent with Federal
regulations. These revisions do not have an adverse effect on air
quality. EPA's approval of these rule revisions is being done in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This direct final rule will be effective May 4, 2015, without
further notice, unless EPA receives adverse comment April 3, 2015. If
EPA receives adverse comment, we will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0006, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.

    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0006. 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 through www.regulations.gov or
email information that you consider to be CBI or otherwise protected.
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 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, 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 at the
Environmental Protection Agency, Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 to 4:30
excluding legal holidays. The interested persons wanting to examine
these documents should make an appointment with the office at least 24
hours in advance.

FOR FURTHER INFORMATION CONTACT: Amy Bhesania, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is taking direct final action to amend Missouri's SIP, 111(d)
plan, and operating permits program by approving the state's requests
to amend the following rules:
    1. 10 CSR 10-6.040, Reference Methods, received November 6, 2013.
    2. 10 CSR 10-6.040, Reference Methods, received November 20, 2014.
    3. 10 CSR 10-6.020, Definitions and Common Reference Tables,
received March 27, 2014.
    4. 10 CSR 10-5.240, Additional Air Quality Control Measures May be
Required When Sources are Clustered in a Small Land Area, received July
7, 2014.
    5. 10 CSR 10-6.010, Air Quality Standards, received July 14, 2014.
    The revisions submitted by the state include revisions to update
standards and reference methods, to clarify, add or amend definitions
and reference tables, to rescind an outdated rule, and to update and
clarify ambient air quality standards. For more information on the
state's submissions, specific revisions to each rule and EPA's review
of the revisions, see the Technical Support Document (TSD) that is a
part of this docket.

II. Have the requirements for approval of a SIP, part 62, and part 70
revisions been met?

    The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the TSD which is
part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations. The substantive requirements of 40 CFR part 62 and Title V
of the 1990 CAA Amendments and 40 CFR part 70 have been met as well.

III. What action is EPA taking?

    EPA is taking direct final action to approve this rule without a
prior proposed rule because we view this as a noncontroversial action
and anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to approve the SIP,
111(d), and operating permits revisions, if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in any subsequent final rule based on the proposed rule.

Statutory and Executive Order Reviews

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Missouri
rules 10-5.240, 10-6.010, 10-6.020, and 10-6.040 described in the
direct final amendments to 40 CFR part 52 set forth below. 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).
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
    In addition, these direct final actions are not approved to apply
on any Indian reservation land or in any other area where EPA or an
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, this action does not have tribal implications
and will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
    This action also does not have Federalism implications because it
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus Executive Order 13132 does not apply to this action.
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This rule also is
not subject to Executive Order 13045, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) because it approves a state rule implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a state submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state submission that otherwise
satisfies the provisions of the CAA. 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. This action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5
CFR 1320.3(b).
    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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.
    A major rule cannot take effect until 60 days after it is published
in the Federal Register. This action is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 4, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 final rulemaking.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Intergovernmental relations, Reporting and
recordkeeping requirements.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.

    Dated: February 13, 2015.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as set forth below: Chapter I,
title 40 of the Code of Federal Regulations is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by:
0
a. Removing under Chapter 5, the entry ``10-5.240''; and
0
b. Revising under Chapter 6, the entries for ``10-6.010'', ``10-
6.020'', and ``10-6.040''.
    The revisions read as follows:

Sec.  52.1320  Identification of Plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        Missouri citation                 Title         effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10 CSR 10-6.010..................  Ambient Air Quality         7/30/14  3/4/15 and [Insert   Hydrogen Sulfide
                                    Standards.                           Federal Register     and Sulfuric Acid
                                                                         citation].           state standards
                                                                                are not SIP
                                                                                approved.
10 CSR 10-6.020..................  Definitions and             3/30/14  3/4/15 and [Insert   Many of the
                                    Common Reference                     Federal Register     definitions
                                    Tables.                              citation].           pertain to Title
                                                                                V, 111(d) and
                                                                                asbestos programs
                                                                                and are approved
                                                                                in the SIP because
                                                                                they provide
                                                                                overall
                                                                                consistency in the
                                                                                use of terms in
                                                                                the air program.
                                                                                Similarly, the EPA
                                                                                has also approved
                                                                                this rule as part
                                                                                of the Title V
                                                                                program, and
                                                                                111(d) even though
                                                                                many of the
                                                                                definitions
                                                                                pertain only to
                                                                                the SIP.

                                                  * * * * * * *
10 CSR 10-6.040..................  Reference Methods..        11/30/14  3/4/15 and [Insert   ...................
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
3. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--Missouri

* * * * *

0
4. Section 62.6350 is amended by adding paragraph (b)(6) to read as
follows:

Sec.  62.6350  Identification of plan.

* * * * *
    (b) * * *
    (6) A revision to Missouri's 111(d) plan to incorporate state
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was
state effective March 30, 2014. The effective date of the amended plan
is May 4, 2015.
* * * * *

PART 70--STATE OPERATING PERMIT PROGRAMS

0
5. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
6. Appendix A to part 70 is amended by adding paragraph (cc) under
Missouri to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

Missouri

* * * * *
    (cc) The Missouri Department of Natural Resources submitted
revisions to Missouri rule 10 CSR 10-6.020, ``Definitions and Common
Reference Tables'' on March 27, 2014. The state effective date is
March 30, 2014. This revision is effective May 4, 2015.
* * * * *
[FR Doc. 2015-04400 Filed 3-3-15; 8:45 am]
BILLING CODE 6560-50-P


October 12, 2011

BY EMAIL

Lisa A. Biddle

United States Environmental Protection Agency

Office of Water (4100T)

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460

Re: 	Proposed National Pollutant Discharge Elimination System Rule for
Cooling Water Intake Structures at Existing Facilities and Phase I
Facilities, Docket ID No. EPA-HQ-OW-2008-0667

Ms. Biddle:

Enclosed please find the October 2004 - October 2005 actual impingement
data (raw) for species, with daily creel limits for recreational
fishermen, collected at Alabama Power Company’s (“Alabama Power”)
Electric Generating Plants.  You requested the data in a September 26,
2011 email to me and my colleagues in response to Alabama Power’s
August 18, 2011 comment letter to the above-referenced proposed rule.
The data was collected every two weeks during 25 separate 24 hour
(daily) events at each facility’s intake structure for a period of one
year.

Species	Barry Intake	Greene Co. Intake	Gorgas Intake	Gadsden	Gaston

	Unit 1-3	Unit 4-5	Unit 1-2	Unit 6-7	Unit 8-10	Unit 1-2	Unit 1-5

Paddlefish	7	54	0	0	1	0	0

Alligator Gar	1	1	0	0	0	0	0

White, Yellow, or Striped Basses	78	36	3	6	92	1	14

Black Basses	15	58	3	1	14	0	1

Bream	161	147	64	26	62	13	63

Crappie	653	1702	6	2	12	0	1

In its August 18 letter, Alabama Power requested that the Environmental
Protection Agency (“EPA”) establish a de minimis exception to its
annual (12 percent) and monthly (31 percent) impingement mortality
(“IM”) numeric standards to prevent facilities that have already
achieved reduced IM levels from being penalized over small quantities of
IM instances.  Alabama Power referenced state creel limits to illustrate
that, in some instances, regulated facilities are impinging certain
species of fish at a rate less than one recreational fisherman is
allowed to take from Alabama waters for a given year.  Alabama Power
made the comparison with annual estimates derived from the raw data
above.  Alabama Power maintains that this illustration is compelling and
supports the establishment of a de minimis exception to the percentage
IM standards.  However, Alabama Power is not advocating that any such de
minimis exception for recreational fish or other impingible organisms be
based on any state’s creel limits.  Should EPA determine that a de
minimis exception should be established—which it should—Alabama
Power would like the chance to provide additional comments or help the
agency develop that standard.

Thank you for requesting this additional information and for your
consideration of Alabama Power’s August 18, 2011 comments on the
above-referenced proposed rule.  Should you have any questions regarding
the enclosed data or another matter, please feel free to contact Charles
Stover (cmstover@southernco.com), Tim George (tgeorge@southernco.com),
or me.

Sincerely,

Mike Godfrey, Manager

Environmental Compliance

<EMAIL_ADDRESS>
October 12, 2011						          		       Personal and Confidential

Page   PAGE  2

  DOCPROPERTY "DocID" \* MERGEFORMAT  1178275.1

  DOCPROPERTY "DocID" \* MERGEFORMAT  1178275.1

600 North 18th Street							Personal and Confidential

Post Office Box 2641

Birmingham, Alabama 35291

Tel<PHONE_NUMBER>


[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17883-17884]
[FR Doc No: 2018-08509]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0142]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Castignoli Enterprises

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from Castignoli
Enterprises (Castignoli) to allow a sleeper berth to be installed in
the bed of a Ford F350 pickup truck that, when operated in combination
with certain trailers, is a commercial motor vehicle (CMV) under the
Federal Motor Carrier Safety Regulations (FMCSR). A sleeper berth
installed in the bed of the pickup truck does not meet the access,
location, exit, communication, or occupant restraint requirements for
sleeper berths in the FMCSRs. Castignoli believes that the sleeper
berth installed in the bed of the pickup truck will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.

DATES: Comments must be received on or before May 24, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0142 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. 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 for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, [email protected], Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), 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.
The Agency must also provide an opportunity for public comment on the
request.
    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 by the current regulation (49 CFR 381.305).
    The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). 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 specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).

Castignoli's Application for Exemption

    Castignoli applied for an exemption from 49 CFR 393.76(a)(3),
(b)(2), (c), (d), and (h) to allow a sleeper berth to be installed in
the bed of a Ford F350 pickup truck. A copy of the application is
included in the docket referenced at the beginning of this notice.

    Section 393.76 of the FMCSRs provides various requirements for
sleeper berths installed in CMVs. Specific to Castignoli's exemption
application:
    1. Section 393.76(a)(3), ``Access,'' requires a sleeper berth to
be constructed so that an occupant's ready entrance to, and exit
from the sleeper berth is not unduly hindered.
    2. Section 393.76(b)(2), ``Location,'' requires a sleeper berth
located within the cargo space of a motor vehicle to be securely
compartmentalized from the remainder of the cargo space.
    3. Section 393.76(c), ``Exit from the berth,'' requires a direct
and ready means of exit from a sleeper berth into the driver's seat
or compartment.
    4. Section 393.76(d), ``Communication with the driver,''
requires a sleeper berth which is not located within the driver's
compartment and has no direct entrance into the driver's compartment
to be equipped with a means of communication between the occupant
and the driver. The means of communication may consist of a
telephone, speaker tube, buzzer, pull cord, or other mechanical or
electrical device.
    5. Section 393.76(h), ``Occupant restraint,'' requires a motor
vehicle manufactured on or after July 1, 1971, and equipped with a
sleeper berth to be equipped with a means of preventing ejection of
the occupant of the sleeper berth during deceleration of the
vehicle. The restraint system must be designed, installed, and
maintained to withstand a minimum total force of 6,000 pounds
applied toward the front of the vehicle and parallel to the
longitudinal axis of the vehicle.

    The applicant states that he is the owner/operator of Castignoli,
and is the ``solo driver of a hot shot hauler, F350 1-ton pickup with
trailer . . .'' \1\ The

applicant states that as a solo driver, ``there is no ready need for
access between the sleeper berth and the driver's compartment.'' In
addition, the applicant states:
---------------------------------------------------------------------------

    \1\ In trucking, the term ``hot shot'' commonly refers to either
the truck or the freight--often both. In the former sense, it's
normally a Class 3-5 truck used in combination with a variety of
trailers to run for-hire freight, whether for a single customer or
less-than-truckload. The truck is often a \3/4\ to 1\1/2\ ton pickup
outfitted with weight-distributing gooseneck- or fifth-wheel-type
connections to a trailer.

    I plan to incorporate the sleeper berth into the bed of the tow
vehicle. The utilization of this type of sleeper berth, would allow
myself (as the sole driver) to meet the hours of [10-hour] service
rest period requirements by utilizing a sleeper berth incorporated
into the bed of the vehicle (Rear covered, ventilated, insulated,
bed with cap and full size twin mattress) in lieu of a motel each
evening. The tow vehicle/trailer combination would not be operating
on the roadway during my 10-hour rest period, so there is no benefit
in having the access requirements to the driver compartment, nor any
need for communication with the driver (myself), nor any occupant
restraint requirement as the vehicle is not moving while I am
sleeping. The sleeper berth is separate from the trailer behind the
tow vehicle, and is therefore separate from the cargo.
    The current FMCSR regulatory requirements for sleeper berth
access seem to rely on the assumption that one driver is driving
while another driver is in the sleeper berth, and that the truck is
moving at all times. The situation that I have as a single driver is
that when I am off duty, the vehicle is not moving and therefore
direct access to the sleeper berth area should not be required, and
since the vehicle is not moving there is no need for occupant
restraint systems nor a means for communication with the driver. All
other dimensional requirements, ventilation, and protection against
exhaust and fuel leaks will be met.

    The applicant states that as a result of mobility issues associated
with a partially fused spine, it is easier for him to access a sleeper
berth installed in the bed of the pickup truck as opposed to a sleeper
berth that could be installed in the back seat of the pickup truck that
meets the requirements of the FMCSRs.
    The exemption would apply to Castignoli's sole driver and pickup
truck. Castignoli believes that the sleeper berth installed in the bed
of the pickup truck will maintain a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Castignoli's application
for an exemption from sections (a)(3), (b)(2), (c), (d), and (h) of 49
CFR 393.76. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered 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 continue to examine the public docket
for new material.

    Issued on: April 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08509 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 7940-7942]
[DOCID:fr15fe06-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0493; FRL-7756-2]

Streptomycin Risk Assessments; Notice of Availability and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's risk
assessment(s), and related documents for the pesticide streptomycin,
and opens a public comment period on these documents. The public is
encouraged to suggest risk management ideas or proposals to address the
risks identified. EPA is developing a tolerance reassessment decision
(TRED) for streptomycin through a modified, 4-Phase public
participation process that the Agency uses to involve the public in
developing pesticide reregistration and tolerance reassessment
decisions. Through these programs, EPA is ensuring that all pesticides
meet current health and safety standards.

DATES: Comments must be received on or before April 17, 2006.

ADDRESSES: Comments, identified by docket identification (ID) number
EPA-HQ-OPP-2005-0493, may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this
action under docket ID number EPA-HQ-OPP-2005-0493. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington,
VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The docket telephone number
is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    EDOCKET, EPA's electronic public docket and comment system was
replaced on November 25, 2005, by an enhanced Federal-wide electronic
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public

comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected

from the index list in EPA Dockets, the system will identify whether
the document is available for viewing in EPA's electronic public
docket. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
EPA intends to work towards providing electronic access to all of the
publicly available docket materials through EPA's electronic public
docket.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
    1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.

Once in the system, select ``search,'' and then key in docket ID number
EPA-HQ-OPP-2005-0493. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to<EMAIL_ADDRESS>
Attention: Docket ID Number EPA-HQ-OPP-2005-0493. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ-OPP-2005-
0493.
    3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number EPA-HQ-OPP-2005-0493. Such deliveries are only accepted during
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that
support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.

    7. Make sure to submit your comments by the comment period deadline
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health risk
assessment and related documents for streptomycin, and soliciting
public comment on risk management ideas or proposals. Streptomycin is
an antibiotic pesticide used primarily to control fire blight in apples
and pears. EPA developed the risk assessments and risk characterization
for streptomycin through a modified version of its public process for
making pesticide reregistration eligibility and tolerance reassessment
decisions. Through these programs, EPA is ensuring that pesticides meet
current standards under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
    The majority of streptomycin is used on apples and pears. Other
crops treated include celery, philodendron, tomato, peppers,
dieffenbachia cuttings, chrysanthemums, roses, pyracantha, potatoes,
and tobacco. Streptomcyin registered formulations include dusts,
soluble concentrates, wettable powders, and technical grade
streptomycin. These formulations are generally applied by ground or
aerial spray; however streptomycin can also be used as a liquid soak,
dust treatment, or seed treatment. Streptomycin is also an injectable
antibiotic used in humans and animals. These uses are regulated by the
US Food and Drug Administration.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for streptomycin. Such comments and input could address,
for example, the availability of additional data to further refine the
risk assessments, such as data on antimicrobial resistant bacteria that
may be present in orchards, or could address the Agency's risk
assessment methodologies and assumptions as applied to this specific
pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for streptomycin. EPA did not identify any
direct risks of concerns from dietary or residential exposure
associated with the use of streptomycin. It is possible that continued
use of streptomycin may result in antimicrobial resistant bacteria that
may transfer resistance to other bacteria. The Agency solicits
information on effective and practical measures to reduce the
possibility that antimicrobial resistant bacteria may develop
resistance and/or transfer resistance to other bacteria.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to streptomycin, compared to the
general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For streptomycin, a modified, 4-Phase process with one
comment period and ample opportunity for public consultation seems
appropriate in view of its small number of users and few complex
issues. However, if as a result of comments received during this
comment period EPA finds that additional issues warranting further
discussion are raised, the Agency may lengthen the process and include
a second comment period, as needed.
    All comments should be submitted using the methods in Unit I. of
the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before
the closing date. Comments will become part of the Agency Docket for
streptomycin. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in product
specific data on individual end-use products and either reregistering
products or taking other ``appropriate regulatory action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 7, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 06-1351 Filed 2-14-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Notices]
[Pages 42538-42540]
[FR Doc No: 2018-18060]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83862; File No. SR-IEX-2018-18]

Self-Regulatory Organizations: Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Definition of the Cross Price Constraint Utilized in the Opening
Process for Non-IEX-Listed Securities Pursuant to Rule 11.231

August 16, 2018.
    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 August 9, 2018, the Investors Exchange LLC (``IEX'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the
Securities and Exchange Commission (``Commission'') a proposed rule
change to amend the definition of the Cross Price Constraint utilized
in the opening process for non-IEX-listed securities pursuant to Rule
11.231. The Exchange has designated this rule change as ``non-
controversial'' under Section 19(b)(3)(A) of the Act \6\ and provided
the Commission with the notice required by Rule 19b-4(f)(6)
thereunder.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.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 these statement [sic] may be examined
at the places specified in Item IV below. The self-regulatory
organization 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
Background
    The purpose of this proposed rule change is to amend the definition
of the Cross Price Constraint utilized in the opening process for non-
IEX-listed securities pursuant to Rule 11.231. On July 24, 2017, the
Commission approved a proposed rule change filed by the Exchange to
amend IEX Rule 11.231 to modify the manner in which the Exchange opens
trading for non-IEX-listed securities beginning at the start of Regular
Market Hours (the ``Opening Process'').\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 81195 (July 24,
2017), 82 FR 35250 (July 28, 2017).
---------------------------------------------------------------------------

Opening Process for Non-IEX-Listed Securities
    Pursuant to Rule 11.231, the Exchange attempts to perform the
Opening Process in each non-IEX-listed security, in which all eligible
interest resting on the Order Book in the Pre-Market Session available
for continuous trading (i.e., orders on the ``Continuous Book'') as
well as all eligible interest queued for execution in the Regular
Market Session (i.e., orders on the ``Cross Book'') are executed at a
single price (the ``Opening Match''). Prior to the beginning of Regular
Market Hours, Users who wish to participate in the Opening Process may
enter limit, market, and pegged orders designated with a time-in-force
of DAY and limit orders designated with a time-in-force of GTX, which
shall queue in the System and are eligible for execution in the Opening
Process (orders on the Cross Book); interest resting on the Order Book
in the Pre-Market Session available for continuous trading (i.e.,
orders on the Continuous Book) are also eligible for execution in the
Opening Process (collectively, ``Cross Eligible Orders'').
    Cross Eligible Orders resting on the Continuous Book are ranked by
the price at which they are resting on the Continuous Book and Cross
Eligible Orders resting on the Cross Book are ranked by the limit price
defined by the User, if any, except in the case of pegged orders, which
are ranked by their current book price (in each case, the order's
``resting price'').\9\
---------------------------------------------------------------------------

    \9\ See Rule 11.220(a)(2). See also Rule 11.231(a)(1).
---------------------------------------------------------------------------

IEX Order Collar
    Rule 11.190(f)(1) sets forth the operation of the IEX Order Collar.
Except for orders that are eligible for the Cross Book, the IEX Order
Collar prevents any incoming order (including those marked ISO), or
order resting on the Order Book, from executing at prices outside of
the Order Collar price range.\10\ The Order Collar price range is
calculated by applying the numerical guidelines for clearly erroneous
executions to the Order Collar Reference Price.\11\ The Order Collar
Reference Price is defined as the most current of the following: \12\
---------------------------------------------------------------------------

    \10\ See Rule 11.190(f)(1) for a complete description of the IEX
Order Collar.
    \11\ The upper (lower) Order Collar price range is calculated by
adding (subtracting) the appropriate percentage (consistent with the
numerical guidelines for clearly erroneous executions) to the Order
Collar Reference Price.
    \12\ In the event there is no valid Order Collar Reference
Price, the Exchange generally rejects orders for the security. See
Rule 11.190(f)(1).
---------------------------------------------------------------------------

     The consolidated last sale price disseminated during the
Regular Market Session on the current trade date;
     Last trade price disseminated outside of the Regular
Market Session (Form T, as communicated by the relevant SIP) on trade
date which other than for the Form T designation would have been
considered a valid last sale price; or
     If neither of the prices above are available, the prior
days Official Closing Price from the listing exchange, adjusted to
account for corporate actions, news events, etc.\13\
---------------------------------------------------------------------------

    \13\ See Rule 11.190(f)(1)(A).
---------------------------------------------------------------------------

Proposed Changes
    The Exchange recently identified a minor omission in the Cross
Price Constraint rule provisions with respect to manner in which the
IEX Order Collar price range applies. Specifically, as described above,
the Exchange does not apply the IEX Order Collar to orders eligible for
the Cross Book so that it does not impact their relative priority of
execution.\14\ However, while the IEX Order Collar does not apply to
orders

eligible for the Cross Book, the current implementation of the Cross
Price Constraint mechanism is in fact adjusted by the IEX Order Collar
price range in limited circumstances when the upper or lower threshold
of such price is less aggressive than the upper or lower threshold of
the Cross Price Constraint, respectively. In other words, if the Away
Protected NBB is below the lower threshold of the IEX Order Collar
price range, or the Away Protected NBO is above the upper threshold of
the IEX Order Collar price range, the Opening Process execution is
constrained by the upper and/or lower thresholds of the IEX Order
Collar. Adjusting the Cross Price Constraint by the IEX Order Collar
price range does not impact the relative priority of orders eligible
for the Cross Book because the constraint is not applied at the order
level but instead to the cross price, in connection with the Opening
Match.
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    \14\ See Securities Exchange Act Release No. 81662 (September
20, 2017), 82 FR 44861 (September 26, 2017) (SR-IEX-2017-31), a
proposed rule change to clarify the inapplicability of the
Exchange's Order Collar[thinsp]and Router Constraint[thinsp]to
certain orders that are eligible for participation in the opening
process for non-IEX-listed securities pursuant to Rule 11.231, or
for auctions in IEX-listed securities pursuant to Rule 11.350.
---------------------------------------------------------------------------

    Based on the foregoing, the Exchange believes the existing Cross
Price Constraint definition should explicitly account for the IEX Order
Collar price range. Accordingly, the Exchange is proposing to amend
rule 11.231(c)(1)(iii) to explicitly state that the Cross Price
Constraint is adjusted by the IEX Order Collar price range, as
described below:
     The upper threshold price of the Cross Price Constraint is
equal to the lesser of the price of the Away Protected NBO or the upper
threshold of the Order Collar price range for the Regular Market
Session, calculated pursuant to Rule 11.190(f)(1)(C), except in the
event that an Away Protected Bid is crossing an Away Protected Offer,
the upper threshold price is equal to the greater of five cents ($0.05)
or one half of a percent (0.5%) higher than the lowest Away Protected
Offer; and
     The lower threshold price of the Cross Price Constraint is
equal to the greater of the price of the Away Protected NBB or the
lower threshold of the Order Collar price range for the Regular Market
Session, calculated pursuant to Rule 11.190(f)(1)(C), except in the
event that an Away Protected Bid is crossing an Away Protected Offer,
the lower threshold price is equal to the greater of five cents ($0.05)
or one half of a percent (0.5%) lower than the highest Away Protected
Bid.\15\
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    \15\ Rule 11.231(b)(2) states in relevant part that an imbalance
of Cross Eligible Orders on the buy side or sell side may result in
orders that are not executed in whole or in part. Thus, as part of
the transition to the Regular Market Session (see Rule 1.160(gg)),
unexecuted Cross Eligible Orders to buy (sell) that are priced at or
above (below) the Cross Price Constraint (but remain unexecuted due
to an imbalance of Cross Eligible Orders) will price slide pursuant
to IEX Rule 11.190(h) and all remaining unexecuted Cross Eligible
Orders, along with any orders that were either ineligible to
participate in the Opening Process or too passive to be executed in
the Opening Process, will be released to the Order Book for
continuous trading or canceled in accordance with the terms of the
order. Thus, the Exchange notes that when the Cross Price Constraint
is narrowed because the Away Protected NBB is below the lower
threshold of the IEX Order Collar price range, or the Away Protected
NBO is above the upper threshold of the IEX Order Collar price
range, there may be a smaller quantity of shares executed in the
Opening Process, which may result in a larger quantity of unexecuted
Cross Eligible Order shares that are priced equal to or more
aggressively than the more narrow Cross Price Constraint (as
proposed) transitioning to the RMS and price sliding pursuant to
Rule 11.190(h), or canceling pursuant to the terms of the order, as
applicable.
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the
provisions of Section 6(b) \16\ of the Act in general, and furthers the
objectives of Section 6(b)(5) of the Act \17\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, 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.
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    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes it is consistent with the protection of
investors and the public interest to constrain the Opening Process
match by the IEX Order Collar price range because executions outside of
the Order Collar price range are significantly dislocated from recent
trading activity (as measured by the Order Collar Reference Price), and
often are the result of erroneous system processing or manual trading
errors. The Exchange also notes that executions outside of the IEX
Order Collar price range often meet the clearly erroneous criteria and
are therefore eligible to be reviewed for cancellation pursuant to Rule
11.270. Thus, the Exchange believes that applying the IEX Order Collar
to the cross price in connection with the Opening Match is consistent
with the protection of investors and the public interest because it is
designed to prevent executions at dislocated prices that are
significantly dislocated from recent trading activity and may be
canceled pursuant to Rule 11.270.
    Furthermore, the Exchange believes that the proposed rule change
does not materially alter the Opening Process, because the Opening
Process match is already subject to the Cross Price Constraint.
Instead, the Exchange believes the proposed changes are designed to
make the Cross Price Constraint definition more robust by accounting
for the rare scenarios where the Away Protected NBB is below the lower
threshold of the IEX Order Collar price range, or the Away Protected
NBO is above the upper threshold of the IEX Order Collar price range
(i.e., when the spread between the Away Protected NBBO is excessively
wide, such that it may not reflect the market for the security). The
Exchange further believes that the proposed rule changes are consistent
with the protection of investors and the public interest because the
proposed changes are designed to avoid any potential confusion
regarding the Opening Process functionality, and to make the Exchange's
rules more accurate, complete, and descriptive of the System's
functionality.

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

    IEX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed changes do not impact competition in any respect since it is
designed to avoid any potential confusion regarding the Opening Process
functionality, and to make the Exchange's rules more accurate,
complete, and descriptive of the System's functionality without
materially changing the Opening Process. In addition, the Exchange
believes there will be no impact on intra-market competition, as the
proposed changes will apply equally to all Members and therefore no new
burdens are being proposed. Furthermore, the Exchange believes there
will be no impact on intra-market competition because as discussed
above, the proposed changes to the Cross Price Constraint do not impact
the relative execution priority of orders eligible for the Cross Book,
as the constraint is not applied at the order level but instead to the
cross price in connection with the Opening Match.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on

which it was filed, or such shorter time as the Commission may
designate, it has become effective pursuant to Section 19(b)(3)(A) of
the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \20\ normally does not become operative for 30 days after the date
of its filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the
Commission may designate a shorter time if such action is consistent
with the protection of investors and the public interest. In its filing
with the Commission, the Exchange has asked the Commission to waive the
30-day operative delay so that the proposed rule change may become
operative upon filing. The Exchange represents that the proposed rule
change would protect against executions in the Opening Process that are
significantly disclocated from recent trading activity and may be
cancelled pursuant to Rule 11.270. In addition, the Exchange notes that
while the proposed change to the Cross Price Constraint may affect the
cross price in limited circumstances, there will be no change to the
relative priority of execution for Cross Eligible Orders. Furthermore,
the Exchange states that waiver of the operative delay would allow the
Exchange to update its rules without delay to avoid potential confusion
among market participants regarding the Exchange's Opening Process
functionality and immediately protect against dislocated executions in
the Opening Process. The Commission does not believe that any new or
novel issues are raised by the proposal. For these reasons, the
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) of the Act \23\ to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-IEX-2018-18 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-IEX-2018-18. 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-IEX-2018-18, and should be submitted on
or before September 12, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-18060 Filed 8-21-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Proposed Rules]
[Pages 75527-75528]
[FR Doc No: 2014-29587]

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

40 CFR Part 52

[EPA-R05-OAR-2014-0661; FRL-9920-46-Region-5]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Ozone and PM2.5 Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a submission by the State of Indiana as a revision to the
Indiana State Implementation Plan (SIP). The

submitted regulations revise Indiana's ambient air quality standards
for ozone and particulate matter to be consistent with EPA's 2008 ozone
and 2012 fine particulate matter National Ambient Air Quality
Standards. EPA is therefore approving these SIP revisions in accordance
with the requirements of the Clean Air Act. In the Final Rules section
of this Federal Register, EPA is approving the State's SIP submittal as
a direct final rule without prior proposal because the Agency views
this as a noncontroversial submittal and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this action, no further activity is contemplated. If EPA receives
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time.

DATES: Comments must be received on or before January 20, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0661, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: December 5, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-29587 Filed 12-17-14; 8:45 am]
BILLING CODE 6560-50-P