[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37272-37274]
[FR Doc No: 2017-16738]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81304; File No. SR-BatsBZX-2017-48]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use on Bats BZX Exchange, Inc.'s Equity Options Platform

August 3, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 25, 2017 Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend to amend its fees and
rebates applicable to Members \5\ and non-Members of the Exchange
pursuant to BZX Rules 15.1(a) and (c).
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    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    The Exchange proposes to modify the fee schedule applicable to the
Exchange's equity options platform (``BZX Options'') to increase the
fees for both Internal and External Distribution of its Multicast PITCH
market data feed. Multicast PITCH is a market data product that offers
depth of book quotations and execution information based on options
orders entered into the System.
    The Exchange currently charges both Internal Distributors \6\ and
External Distributors \7\ of Multicast PITCH a fee of $1,500 per month.
The Exchange now proposes to increase this fee and to charge Internal
and External Distributors different rates. Specifically, the Exchange
proposes to charge Internal Distributors of Multicast PITCH a fee of
$3,000 per month and External Distributors a fee of $2,000 per
month.\8\ The Exchange also proposes to make clear in its fee schedule
that where a Distributor acts as both an External and Internal
Distributor of Multicast PITCH that it will pay the greater of the two
Distribution fees for internal or external use and not be charged both
fees each month.
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    \6\ See Exchange Rule 21.15(b)(1). The term ``System'' is
defined as ``the electronic communications and trading facility
designated by the Board through which securities orders of Users are
consolidated for ranking, execution and, when applicable, routing
away. A Distributor ``is any entity that receives the Exchange
Market Data product directly from the Exchange or indirectly through
another entity and then distributes it internally or externally to a
third party.'' See the Exchange's fee schedule available at http://www.bats.com/us/options/membership/fee_schedule/bzx/. An Internal
Distributor of an Exchange Market Data product is a Distributor that
receives the Exchange Market Data product and then distributes that
data to one or more Users within the Distributor's own entity. Id.
    \7\ An External Distributor of an Exchange Market Data product
is a Distributor that receives the Exchange Market Data product and
then distributes that data to a third party or one or more Users
outside the Distributor's own entity. Id.
    \8\ The Exchange issued a notice on June 1, 2017 describing the
proposed fee increase. See Bats BZX Options Fee Schedule Changes
Effective July 3, 2017 and August 1, 2017, available at http://cdn.batstrading.com/resources/fee_schedule/2017/Bats-BZX-Options-Fee-Schedule-Changes-Effective-July-1-2017.pdf.
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    The Exchange proposes to implement these amendments to its fee
schedule on August 1, 2017.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\9\ in general, and
furthers the objectives of Section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its members and other recipients of
Exchange data. The Exchange believes that the proposed rates are
equitable and non-discriminatory in that they apply uniformly to all
recipients of Exchange data. The Exchange believes the proposed fees
are competitive with those charged by other venues and, therefore,
reasonable and equitably allocated to recipients. Lastly, the Exchange
also believes that the proposed fees are reasonable and non-
discriminatory because they will apply uniformly to all recipients of
Exchange data.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange also believes that the proposed rule change is
consistent with Section 11(A) of the Act \11\ in that it supports (i)
fair competition among brokers and dealers, among exchange markets, and
between exchange markets and markets other than exchange markets; and
(ii) the availability to brokers, dealers, and investors of information
with respect to quotations for and transactions in securities.
Furthermore, the proposed rule change is consistent with Rule 603 of
Regulation NMS,\12\ which provides that any national securities
exchange that distributes information with respect to quotations for or
transactions in an NMS stock do so on terms that are not unreasonably
discriminatory. In adopting Regulation NMS, the Commission granted
self-regulatory organizations and broker-dealers increased authority
and flexibility to offer new and unique market data to the public. It
was believed that this authority would expand the amount of data
available to consumers, and also spur innovation and competition for
the provision of market data.
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    \11\ 15 U.S.C. 78k-1.
    \12\ 17 CFR 242.603.
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    In addition, the proposed fees would not permit unfair
discrimination because all of the Exchange's subscribers will be
subject to the proposed fees on an equivalent basis. The Multicast
PITCH is distributed and purchased on a voluntary basis, in that
neither the Exchange nor the market data Distributors are required by
any rule or regulation to make this data available. Accordingly,
Distributors can

discontinue their use at any time and for any reason, including due to
an assessment of the reasonableness of fees charged. Firms have a wide
variety of alternative market data products from which to choose, such
as similar proprietary data products offered by other exchanges and
consolidated data. Moreover, the Exchange is not required to make any
proprietary data products available or to offer any specific pricing
alternatives to any customers.
    In addition, the fees that are the subject of this rule filing are
constrained by competition. As explained below in the Exchange's
Statement on Burden on Competition, the existence of alternatives to
the Multicast PITCH further ensures that the Exchange cannot set
unreasonable fees, or fees that are unreasonably discriminatory, when
subscribers can elect such alternatives. That is, the Exchange competes
with other exchanges (and their affiliates) that provide similar market
data products. If another exchange (or its affiliate) were to charge
less to consolidate and distribute its similar product than the
Exchange charges to consolidate and distribute the Multicast PITCH,
prospective users likely would not subscribe to, or would cease
subscribing to the Multicast PITCH.
    The Exchange notes that the Commission is not required to undertake
a cost-of-service or rate-making approach. The Exchange believes that,
even if it were possible as a matter of economic theory, cost-based
pricing for non-core market data would be so complicated that it could
not be done practically.\13\
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    \13\ The Exchange believes that cost-based pricing would be
impractical because it would create enormous administrative burdens
for all parties, including the Commission, to cost-regulate a large
number of participants and standardize and analyze extraordinary
amounts of information, accounts, and reports. In addition, it is
impossible to regulate market data prices in isolation from prices
charged by markets for other services that are joint products. Cost-
based rate regulation would also lead to litigation and may distort
incentives, including those to minimize costs and to innovate,
leading to further waste. Under cost-based pricing, the Commission
would be burdened with determining a fair rate of return, and the
industry could experience frequent rate increases based on
escalating expense levels. Even in industries historically subject
to utility regulation, cost-based ratemaking has been discredited.
As such, the Exchange believes that cost-based ratemaking would be
inappropriate for proprietary market data and inconsistent with
Congress's direction that the Commission use its authority to foster
the development of the national market system, and that market
forces will continue to provide appropriate pricing discipline. See
Appendix C to NYSE's comments to the Commission's 2000 Concept
Release on the Regulation of Market Information Fees and Revenues,
which can be found on the Commission's Web site at http://www.sec.gov/rules/concept/s72899/buck1.htm. See also Securities
Exchange Act Release No. 73816 (December 11, 2014), 79 FR 75200
(December 17, 2014) (SR-NYSE-2014-64) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change to Establish an
Access Fee for the NYSE Best Quote and Trades Data Feed, Operative
December 1, 2014).
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    The proposed amendment to the Internal Distributor fee for
Multicast PITCH is also equitable and reasonable as, despite the
increase, the proposed fees continues to be similar to fees currently
charged by the Nasdaq Stock Market LLC (``Nasdaq'') for their options
depth-of-book data product. Nasdaq currently charges external
distributors of ITTO,\14\ $2,000 per month.\15\ Nasdaq's fee for
external distribution is identical to that proposed by the Exchange
herein. In addition, the Chicago Board Options Exchange, Incorporated
(``CBOE'') charges a monthly fee of $7,000 to internal and external
distributors of its depth-of-book data.\16\
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    \14\ ITTO stands for NASDAQ ITCH to Trade Options, and is a data
feed that provides quotation information for individual orders on
the NOM book, last sale information for trades executed on NOM, and
Order Imbalance Information as set forth in NOM Rules Chapter VI,
Section 8 [sic]. See Nasdaq Sec. 4(a), NASDAQ Options Market Data
Distributor Fees. Available at http://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing.
    \15\ See Nasdaq Sec. 4(a), NASDAQ Options Market Data
Distributor Fees. Available at http://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing.
    \16\ See CBOE Market Data Express, LLC (MDX) CBOE Streaming
Markets Fee Schedule available at https://www.cboe.org/publish/mdxfees/mdxfeescheduleforcboedatafeeds.pdf.
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    The increased fees for Internal and External Distributors are also
equitable and reasonable in that they ensure that heavy users of the
Multicast PITCH pay an equitable share of the total fees. The Exchange
proposes to charge External Distributors lower fees than Internal
Distributors to promote broader distribution of exchange data. The
Exchange notes that External Distributors redistribute Multicast PITCH
to those outside of their organization while Internal Distributors
distribute Multicast PITCH within their own organization. Charging
lower fees for external distribution should encourage Distributors,
such as market data vendors who solely redistribute market data, to
subscribe to Multicast PITCH as an External Distributor, therefore,
expanding the distribution network of the Exchange's data.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange 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, as amended. The
Exchange's ability to price Multicast PITCH are constrained by: (i)
Competition among exchanges, other trading platforms, and Trade
Reporting Facilities (``TRF'') that compete with each other in a
variety of dimensions; (ii) the existence of inexpensive real-time
consolidated data and market-specific data and free delayed data; and
(iii) the inherent contestability of the market for proprietary data.
This competitive pressure is evidenced by the Exchange's proposal to
increase fees as described herein.
    The Exchange and its market data products are subject to
significant competitive forces and the proposed fees represent
responses to that competition. To start, the Exchange competes
intensely for order flow. It competes with the other national
securities exchanges that currently trade equities, with electronic
communication networks, with quotes posted in FINRA's Alternative
Display Facility, with alternative trading systems, and with securities
firms that primarily trade as principal with their customer order flow.
    In addition, Multicast PITCH competes with a number of alternative
products. For instance, Multicast PITCH do not provide a complete
picture of all trading activity in a security. Rather, the other
national securities exchanges, the several TRFs of FINRA, and
Electronic Communication Networks (``ECN'') that produce proprietary
data all produce trades and trade reports. Each is currently permitted
to produce depth-of-book products, and many currently do, including
Nasdaq and NYSE. In addition, market participants can gain access to
BZX Options' last sale prices and top-of-book quotations, though
integrated with the prices of other markets, on feeds made available
through the SIPs.
    In sum, the availability of a variety of alternative sources of
information imposes significant competitive pressures on the Exchange's
data products and the Exchange's compelling need to attract order flow
impose significant competitive pressure on the Exchange to act
equitably, fairly, and reasonably in setting the proposed data product
fees. The proposed data product fees are, in part, responses to that
pressure. The Exchange believes that the proposed fees would reflect an
equitable allocation of its overall costs to users of its facilities.
    In addition, when establishing the proposed fees, the Exchange
considered the competitiveness of the market for proprietary data and
all of the implications of that competition. The Exchange believes that
it has considered all relevant factors and has not

considered irrelevant factors in order to establish fair, reasonable,
and not unreasonably discriminatory fees and an equitable allocation of
fees among all users. The existence of alternatives to Multicast PITCH,
including existing similar feeds by other exchanges, consolidated data,
and proprietary data from other sources, ensures that the Exchange
cannot set unreasonable fees, or fees that are unreasonably
discriminatory, when vendors and subscribers can elect these
alternatives or choose not to purchase a specific proprietary data
product if its cost to purchase is not justified by the returns any
particular vendor or subscriber would achieve through the purchase.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ 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.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BatsBZX-2017-48 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-BatsBZX-2017-48. 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 such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2017-48 and should
be submitted on or before August 30, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-16738 Filed 8-8-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40715-40717]
[FR Doc No: 2017-18086]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0394; FRL-9966-96-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Approval of an Alternative Volatile Organic Compound Emission
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the State of Maryland's state
implementation plan (SIP). Maryland requested EPA incorporate by
reference into the Maryland SIP a Maryland Department of the
Environment (MDE) order that establishes an alternative volatile
organic compound (VOC) emission standard for National Gypsum Company
(NGC) that will ensure that this source remains a minor stationary
source of VOCs. EPA is approving the SIP submittal incorporating by
reference MDE's order for NGC in accordance with the requirements of
the Clean Air Act (CAA).

DATES: This rule is effective on November 27, 2017 without further
notice, unless EPA receives adverse written comment by September 27,
2017. 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.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0394 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gregory A. Becoat,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 24, 2016, MDE submitted a formal revision to the Maryland
SIP. The SIP revision consists of a request to incorporate by reference
a MDE departmental order that establishes an alternative VOC emission
standard for NGC as it appears in the permit-to-construct conditions
issued by MDE in order to ensure that it remains a minor stationary
source of VOCs. The alternative VOC emissions limit of 195 pounds per
operating day with at least a 99% overall VOC control efficiency will
achieve a stringent emissions discharge reduction and is more stringent
than any established standard for reasonably available control
technology (RACT) for major stationary sources of VOCs in COMAR
26.11.19. Under the Code of Maryland Regulations (COMAR) <IP_ADDRESS>E--
``Exceptions,'' a source may request an exception to a VOC emissions
limit from MDE if the source is not subject to new source review (NSR)
and if the source is unable to comply with COMAR <IP_ADDRESS>B--
``Control of VOC from Installations.''
    Located in the Baltimore ozone nonattainment area, NGC is a
wallboard manufacturing facility that emits both nitrogen oxides
(NOX) and VOCs. Ground level ozone is formed when
NOX and VOCs react in the presence of sunlight.
NOX and VOC are referred to as ozone precursors and are
emitted by many types of pollution sources, including motor vehicles,
power plants, industrial facilities, and area wide sources, such as
consumer products and lawn and garden equipment. Scientific evidence
indicates that adverse public health effects occur following exposure
to ozone. These effects are more pronounced in children and adults with
lung disease. Breathing air containing ozone can reduce lung function
and inflame airways, which can increase respiratory symptoms and
aggravate asthma or other lung diseases. In response to this scientific
evidence, EPA promulgated in 1979 the first ozone national ambient air
quality standard (NAAQS), the 0.12 part per million (ppm) 1-hour ozone
NAAQS. See 44 FR 8202 (February 8, 1979).\1\ Under the 1979 1-hour
ozone NAAQS, the Baltimore Area (specifically, Anne Arundel County,
Baltimore City, Baltimore County, Carroll County, Harford County, and
Howard County) was designated as a severe nonattainment area. 56 FR
56694 (November 6, 1991). On July 18, 1997, EPA revised the health-
based NAAQS for ozone based on 8-hour average concentrations. 62 FR
38856. Under the 1997 8-hour ozone NAAQS, the Baltimore Area was
designated as a moderate nonattainment area. 69 FR 23858 (April 30,
2004). Later, the Baltimore Area was reclassified as a serious
nonattainment area for the 1997 8-ozone NAAQS. 77 FR 4901 (February 1,
2012). On March 27, 2008 (78 FR 16436), EPA strengthened the 8-hour
ozone NAAQS (2008 8-hour ozone NAAQS). Under the 2008 8-hour ozone
NAAQS, the Baltimore Area was designated as a moderate nonattainment
area. 69 FR 23858 (April 30, 2004).
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    \1\ EPA had previously promulgated a NAAQS for total
photochemical oxidants.
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    On April 30, 2004 (69 FR 23858), EPA announced its revocation of
the 1979 1-hour ozone NAAQS for all purposes and for all areas in the
country, effective June 15, 2005. In the final rulemaking, EPA
determined that certain nonattainment planning requirements would
continue to be in effect under the revoked standard for nonattainment
areas under the 1979 1-hour ozone NAAQS, including RACT. Under the
anti-backsliding provisions codified at 40 CFR 51.905, the Baltimore
Area remains subject to the anti-backslide obligations for the revoked
1979 1-hour ozone NAAQS. Since the Baltimore Area was designated as a
severe nonattainment area for the 1979 1-hour ozone NAAQS, all sources
in the nonattainment area emitting greater than 25 tons per year (tpy)
of VOC or NOX are major stationary sources.
    NGC is a major stationary source of NOX, but is not a
major stationary source for VOCs. NGC consists of two major
manufacturing lines, Board Kiln No. 1 and Board Kiln No. 2. When NGC
modified Board Kiln No. 1 to manufacture new silicone wallboard
products, NGC needed limits to remain a minor stationary source of VOC
(under

25 tpy) and avoid NSR review under COMAR 26.11.17 as the production of
the new silicone products would emit more VOC emissions from the
source. However, NGC was subject to VOC emission limits in COMAR
<IP_ADDRESS>. Since Board Kiln No. 1 was installed before May 12, 1972,
COMAR <IP_ADDRESS>B(1)(a) would require its VOC emissions to be less
than 200 pounds per day (lbs/day) unless the discharge is reduced by 85
percent or more overall. As Board Kiln No. 2 was installed in April
1998, it is subject to COMAR <IP_ADDRESS>B(1)(b), which, except as
provided in COMAR <IP_ADDRESS>E, limits the discharge of VOC to not
exceed 20 lbs/day unless the discharge is reduced by 85 percent or more
overall. As a result of the increased production, NGC was unable to
comply with COMAR <IP_ADDRESS>B and is thus eligible to apply for an
exception under COMAR <IP_ADDRESS>E. However, exceptions under COMAR
<IP_ADDRESS>E require EPA approval of specific emission limitations and
operating practices in order to become federally enforceable. MDE
entered a consent order with NGC on March 11, 2016 establishing
alternative VOC emissions limits for Board Kiln No. 1 and Board Kiln
No. 2 that would become part of NGC's permit to operate. The permit
restrictions approved for NGC, based on MDE's order, will ensure that
NGC remains a federally enforceable minor stationary source with
appropriate emission limitations and practices and not subject to NSR
for its modification to Board Kiln No. 1.

II. Summary of SIP Revision and EPA Analysis

    In the June 24, 2016 SIP submittal, MDE included an order
authorizing an alternative VOC emissions standard per COMAR
<IP_ADDRESS>E in connection with the construction permit modification
MDE prepared for NGC. MDE requested EPA incorporate by reference the
order with the alternative VOC emissions standard into the Maryland
SIP. The MDE order for NGC requires that NGC comply with the following
alternative VOC standards and other conditions: (1) NGC shall install a
regenerative thermal oxidizer (RTO) on Board Kiln No. 1, which is
designed to achieve at least a 99% overall VOC control efficiency, or
not greater than 0.5 parts per million by volume (ppmv) of VOC in the
flue gases exiting the RTO (which is more restrictive for Board Kiln
No. 1); (2) total VOC emissions from Board Kiln No. 1 and Board Kiln
No. 2, combined, shall not exceed 195 pounds per operating day (which
is more stringent than Board Kiln No. 1 subject to 200 lbs/day and
Board Kiln No. 2 subject to 20 lbs/day, separately); (3) total premises
wide VOC emissions shall be less than 25 tons in any rolling 12-month
period to ensure that the total net VOC emissions increase resulting
from the modification of Board Kiln No. 1 and Board Kiln No. 2,
combined, is less than the nonattainment NSR threshold, which is 25
tons in any rolling 12-month period; (4) NGC shall vent the flue gases
from Board Kiln No. 1 through the RTO prior to discharging to the
atmosphere when manufacturing silicone XP water resistant wallboard and
eXP water resistant wallboard; (5) the temperature of the combustion
zone of the RTO shall be maintained to at least the minimum temperature
established during the most recent stack emissions tests demonstrating
compliance with the daily VOC emission limit of 195 pounds per
operating day; (6) NGC shall manufacture regular wallboard (any
wallboard that is not silicone XP water resistant wallboard or eXP
water resistant wallboard and is not prohibited for production by MDE)
only in Board Kiln No. 2; and (7) NGC shall monitor daily production
for each type of wallboard and shall calculate total daily VOC
emissions from Board Kiln No. 1 and Board Kiln No. 2 to demonstrate
compliance with the alternative VOC emission standard of 195 pounds per
operating day.
    After evaluating this SIP revision, EPA concludes that this SIP
revision continues to address and minimize VOC emissions in the
Baltimore ozone nonattainment area and will result in reduced VOC
emissions from NGC. The alternative VOC emissions limit for NGC will
significantly reduce emissions of VOC, an ozone precursor. EPA finds
this Order to be a SIP strengthening measure in accordance with
requirements in section 110 of the CAA. EPA finds that the submittal
strengthens the State of Maryland's SIP and is in accordance with
section 110 of the CAA including 110(a) and 110(l) as the SIP revision
will not interfere with reasonable further progress, attainment of any
NAAQS or any other applicable CAA requirements as more VOC emissions
reduction is expected from this limit on NGC's VOC emissions.

III. Final Action

    EPA is approving the Maryland June 2016 SIP revision submittal
which requests incorporation by reference of a MDE order that includes
an alternative VOC emission standard for NGC as the revision meets
requirements in CAA section 110. 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 this issue of the 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
November 27, 2017 without further notice unless EPA receives adverse
comment by September 27, 2017. 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. 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.

IV. Incorporation by Reference

    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 Maryland's
Department of the Environment Order No. 510-0233-6-0646 and -1569. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and/or at the EPA Region III
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference by the Director of the Federal Register in
the next update of the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).

Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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 CAA; 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 the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or 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. section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.

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 November 27, 2017. 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 this issue of the 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, which approves Maryland's SIP revision incorporating
by reference a MDE order establishing a VOC emission standard for NGC,
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: August 12, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (d) is amended by adding
the entry for National Gypsum Company at the end of the table to read
as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (d) * * *

                                 EPA Approved State Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source          Permit number/type  effective date   EPA approval date   Additional explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
National Gypsum Company (NGC)..  Departmental Order        03/11/16  8/28/17 [Insert     The SIP approval
                                                                      Federal Register    includes specific
                                                                      citation].          alternative volatile
                                                                                organic compound
                                                                                emission limits and
                                                                                other conditions for
                                                                                NGC as established by
                                                                                the Departmental
                                                                                Order.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-18086 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Rules and Regulations]
[Page 37291-37292]
[DOCID:fr29jn10-3]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1183; Airspace Docket No. 09-ASW-38]

Amendment of Class E Airspace; Osceola, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace for Osceola, AR.
Decommissioning of the Osceola non-directional beacon (NDB) at Osceola
Municipal Airport has made this action necessary to enhance the safety
and management of Instrument Flight Rule (IFR) operations at the
airport.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this

incorporation by reference action under 1 CFR part 51, subject to the
annual revision of FAA Order 7400.9 and publication of conforming
amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On February 10, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Osceola,
AR, reconfiguring controlled airspace at Osceola Municipal Airport (75
FR 6594) Docket No. FAA-2009-1183. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective September 15, 2009, which is
incorporated by reference in 14 CFR Part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace for the Osceola, AR area.
Decommissioning of the Osceola NDB and cancellation of the NDB approach
at Osceola Municipal Airport has made this action necessary for the
safety and management of IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Osceola Municipal Airport, Osceola,
AR.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ASW AR E5 Osceola, AR [Amended]

Osceola Municipal Airport, AR
    (Lat. 35[deg]41'28'' N., long. 90[deg]00'36'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Osceola Municipal Airport.

    Issued in Fort Worth, Texas, on June 16, 2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-15671 Filed 6-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21187-21188]
[FR Doc No: 2013-08250]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0021]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated January 11, 2013, the City of Superior, Wisconsin (City) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR part 222, Use of Locomotive Horns at
Public Highway-Rail Grade Crossings, for the highway-rail grade
crossing at 28th Street (DOT 061459A) in Superior, WI. FRA
assigned the petition Docket Number FRA-2013-0021.
    The City seeks a waiver of compliance from the requirement of 49
CFR 222.41(c)(3), which provides that locomotive horn restrictions may
continue until June 24, 2013, for a pre-rule quiet zone that was not
able to be established by automatic approval, had been continued under
the provisions of 49 CFR 222.31(c)(1) and 222.31(c)(2), and the State
agency had provided a comprehensive statewide implementation plan.
Specifically, the City requests that it be granted permission to retain
its present locomotive horn restriction as trains approach the public
highway-rail grade crossing at 28th Street. The City states that it has
retained the services of a consultant with quiet zone experience and
credentials and is prepared to move forward with the quiet zone
continuation process.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's Docket Operations Facility, 1200 New Jersey Avenue
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by

submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings, since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number, and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by May 24, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as is practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on April 3, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-08250 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Rules and Regulations]
[Pages 33646-33647]
[FR Doc No: 2011-14330]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0063]

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the safety zones for annual
firework displays in the Captain of the Port, Puget Sound area of
responsibility during the dates and times noted below. This action is
necessary to prevent injury and to protect life and property of the
maritime public from the hazards associated with the firework displays.
During the enforcement periods, entry into, transit through, mooring,
or anchoring within these zones is prohibited unless authorized by the
Captain of the Port, Puget Sound or Designated Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced during the
dates and times noted below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail ENS Anthony P. LaBoy, Sector Puget Sound Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard is providing notice of
enforcement of the safety zones established for Annual Fireworks
Displays within the Captain of the Port, Puget Sound Area of
Responsibility in 33 CFR 165.1332 during the dates and times noted
below.
    The following safety zone will be enforced from 5 p.m. on July 1,
2011 through 1 a.m. on July 2, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                   Location              Latitude                Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Alderbrook Resort & Spa Fireworks  Hood Canal.........  47-21.033' N            122-13.233' W                350
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5 p.m. on July 2,
2011 through 1 a.m. on July 3, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                   Location              Latitude                Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Langlie's Old Fashioned            Indianola..........  47[deg]44.817' N        122[deg]31.533' W            250
 Independence Celebration.
----------------------------------------------------------------------------------------------------------------

    The following safety zones will be enforced from 5 p.m. on July 3,
2011 through 1 a.m. on July 4, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                   Location              Latitude                Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Liberty Bay Fireworks............  Liberty Bay........  47[deg]43.917' N        122[deg]39.133' W            300
Deer Harbor Annual Fireworks       Deer Harbor........  48[deg]37.0' N          123[deg]00.25' W.            200
 Display.
----------------------------------------------------------------------------------------------------------------

    The following safety zones will be enforced from 5 p.m. on July 4,
2011 through 1 a.m. on July 5, 2011.

----------------------------------------------------------------------------------------------------------------
            Event name                   Location              Latitude                Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Port Angeles Chamber of Commerce.  Port Angeles Harbor  48[deg]07.033' N        123[deg]24.967' W            300
Sheridan Beach Community.........  Lake Forest Park...  47[deg]44.783' N        122[deg]16.917' W            200
Brewster Fire Department           Brewster...........  48[deg]06.367' N        119[deg]47.15' W             250
 Fireworks.
City of Mount Vernon Fireworks...  Edgewater Park.....  48[deg]25.178' N        122[deg]20.424' W            150
Tacoma Freedom Fair..............  Commencement Bay...  47[deg]16.817' N        122[deg]27.933' W            300
City of Renton Fireworks.........  Renton, Lake         47[deg]29.986' N        122[deg]11.85' W             150
                                    Washington.
Des Moines Fireworks.............  Des Moines.........  47[deg]24.117' N        122[deg]20.033' W            150
Vashon Island Fireworks..........  Quartermaster        47[deg]45.25' N         122[deg]15.75' W             450
                                    Harbor.
City of Kenmore Fireworks........  Lake Forest Park...  47[deg]39.0' N          122[deg]13.55' W             300
Yarrow Point Community...........  Yarrow Point.......  47[deg]38.727' N        122[deg]13.466' W            150
Kirkland Fireworks...............  Kirkland , Lake      47[deg]40.583' N        122[deg]12.84' W             250
                                    Washington.
Three Tree Point Community         Three Tree Point...  47[deg]27.033' N        122[deg]23.15' W             200
 Fireworks.
Kingston Fireworks...............  Appletree Cove.....  47[deg]47.65' N         122[deg]29.917' W            150

Bainbridge Island Fireworks......  Eagle Harbor.......  47[deg]37.267' N        122[deg]31.583' W            300
City of Anacortes Fireworks......  Fidalgo Bay........  47[deg]17.1' N          122[deg]28.4' W              350
Roche Harbor Fireworks...........  Roche Harbor.......  48[deg]36.7' N          123[deg]09.5' W              150
Blast Over Bellingham............  Bellingham Bay.....  48[deg]44.933' N        122[deg]29.667' W            450
Port Orchard Fireworks...........  Port Orchard.......  47[deg]32.883' N        122[deg]37.917' W            350
Steilacoom Annual Fireworks......  Steilacoom.........  47[deg]10.4' N          122[deg]36.2' W              450
Fireworks Display................  Henderson Bay......  47[deg]21.8' N          122[deg]38.367' W            250
Chase Family Fourth at Lake Union  Lake Union.........  47[deg]38.418' N        122[deg]20.111' W            300
Friday Harbor Independence.......  Friday Harbor......  48[deg]32.6' N          122[deg]00.467' W            250
Port Townsend Sunrise Rotary.....  Port Townsend......  48[deg]08.067' N        122[deg]46.467' W            200
Orcas Island.....................  Orcas Island.......  48[deg]41.317' N        122[deg]54.467' W            250
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5 p.m. on July 09,
2011 through 1 a.m. on July 10, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                   Location              Latitude                Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Mercer Island Celebration........  Mercer Island......  47[deg]35.517' N        122[deg]13.233' W            450
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5 p.m. on July 29,
2011 through 1 a.m. on July 30, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                    Location               Latitude              Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Whaling Days......................  Dyes Inlet..........  47[deg]38.65' N        122[deg]41.35' W            450
----------------------------------------------------------------------------------------------------------------

    The following safety zone will be enforced from 5 p.m. on August
13, 2011 through 1 a.m. on August 14, 2011:

----------------------------------------------------------------------------------------------------------------
            Event name                    Location               Latitude              Longitude         Radius
----------------------------------------------------------------------------------------------------------------
Medina Days.......................  Medina Park.........  47[deg]36.867' N       122[deg]14.5' W             300
----------------------------------------------------------------------------------------------------------------

    The special requirements listed in 33 CFR 165.1332, which can be
found in the Federal Register (75 FR 33698) published on June 15, 2010,
apply to the activation and enforcement of these safety zones.
    All vessel operators who desire to enter the safety zone must
obtain permission from the Captain of the Port or Designated
Representative by contacting either the on-scene patrol craft on VHF Ch
13 or Ch 16 or the Coast Guard Sector Puget Sound Joint Harbor
Operations Center (JHOC) via telephone at<PHONE_NUMBER>.
    The Coast Guard may be assisted by other Federal, State, or local
law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.1332 and 33 CFR
165 and 5 U.S.C. 552(a). In addition to this notice, the Coast Guard
will provide the maritime community with extensive advanced
notification of the safety zones via the Local Notice to Mariners and
marine information broadcasts on the day of the events.

    Dated: May 20, 2011.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2011-14330 Filed 6-8-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38709-38710]
[FR Doc No: 2021-15543]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC21-25-000]

Commission Information Collection Activities (Ferc-552); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on a renewal of currently approved
information collection FERC-552, (Annual Report of Natural Gas
Transactions), which will be submitted to the Office of Management and
Budget (OMB) for review.

DATES: Comments on the collection of information are due August 23,
2021.

ADDRESSES: Send written comments on FERC-552 to OMB through
www.reginfo.gov/public/do/PRAMain. Attention: Federal Energy Regulatory
Commission Desk Officer. Please identify the OMB Control Number (1902-
0242) in the subject line of your comments. Comments should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain.
    Please submit copies of your comments to the Commission. You may
submit copies of your comments (identified by Docket No. IC21-25-000)
by one of the following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: OMB submissions must be formatted and filed in
accordance with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using the search function under the ``Currently Under Review''
field, select Federal Energy Regulatory Commission; click ``submit,''
and select ``comment'' to the right of the subject collection.
    FERC submissions must be formatted and filed in accordance with
submission guidelines at: http://www.ferc.gov. For user assistance,
contact FERC Online Support by email at<EMAIL_ADDRESS>or
by phone at:<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC Form No. 552, Annual Report of Natural Gas
Transactions.
    OMB Control No.: 1902-0242.
    Type of Request: Three-year extension of the FERC Form No. 552
information collection requirements with no changes to the current
reporting requirements.
    Abstract: The Commission uses the information collected in the FERC
Form No. 552 \1\ to provide greater transparency into the size of the
physical natural gas market and the use of physical fixed-price and
index-based natural gas transactions. This information assists the
Commission and the public in assessing whether index prices are the
result of a robust market of fixed-price transactions.
---------------------------------------------------------------------------

    \1\ FERC Form No. 552 is prescribed in 18 CFR 260.401.
---------------------------------------------------------------------------

    FERC Form No. 552 had its genesis in the Energy Policy Act of
2005,\2\ which added section 23 of the Natural Gas Act (NGA). Section
23 of the NGA, among other things, directs the Commission ``to
facilitate price transparency in markets for the sale or transportation
of physical natural gas in interstate commerce, having due regard for
the public interest, the integrity of those markets,

and the protection of consumers.'' \3\ The 60-day notice comment period
ended on 7/12/2021 and the Commission received no comments.\4\
---------------------------------------------------------------------------

    \2\ Energy Policy Act of 2005, Public Law 109-58, sections 1261
et seq., 119 Stat. 594 (2005).
    \3\ 15 U.S.C. 717t-2(a)(1)(2006).
    \4\ 86 FR 26022 (5/12/2021).
---------------------------------------------------------------------------

    Type of Respondents: Wholesale natural gas market participants.
    Estimate of Annual Burden:\5\ The Commission estimates the average
annual burden and cost \6\ for this information collection as follows.
---------------------------------------------------------------------------

    \5\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. Refer to
5 CFR 1320.3 for additional information.
    \6\ Costs (for wages and benefits) are based on wage figures
from the Bureau of Labor Statistics (BLS) for May 2020 (at https://www.bls.gov/oes/current/naics2_22.htm) and benefits information
(issued March 2020, https://www.bls.gov/news.release/ecec.nr0.htm).
The staff estimates that 75% of the work is done by a financial
analyst (code 13-2098) at an hourly cost of $66.09 (for wages plus
benefits), and 25% of the work is done by legal staff members (code
23-0000) at an hourly cost of $142.25 (for wages plus benefits).
Therefore, the weighted cost (for wages plus benefits) is calculated
to $85.13/hour [or ($66.09/hour * 0.75) + ($142.25/hour * 0.25)].

                                              FERC Form No. 552, Annual Report of Natural Gas Transactions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Average
                                          Number of     Annual number   Total number     Annual average burden     Total average annual     annual cost
               Category                  respondents    of responses    of responses      hrs. & cost ($) per     burden hrs. & cost ($)  per respondent
                                                       per respondent                          response                                    ($) (rounded)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wholesale natural gas market                      688               1             688  20 hrs.; $1,702.60......  13,760 hrs.;                   1,702.60
 participants.                                                                                $1,171,388.80.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: July 15, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15543 Filed 7-21-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58941-58942]
[FR Doc No: 2016-20473]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0408]

Microbiology Data for Systemic Antibacterial Drugs--Development,
Analysis, and Presentation; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a guidance for industry entitled ``Microbiology
Data for Systemic Antibacterial Drugs--Development, Analysis, and
Presentation.'' The purpose of this guidance is to assist sponsors in
the development, analysis, and presentation of microbiology data during
antibacterial drug development. This guidance finalizes the draft
guidance of the same name issued on September 17, 2009.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2009-D-0408 for ``Microbiology Data for Systemic Antibacterial
Drugs--Development, Analysis, and Presentation; Guidance for Industry;
Availability.'' Received comments will be placed in the docket and,
except for those submitted as ``Confidential Submissions,'' publicly
viewable at http://www.regulations.gov or at the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Joseph G. Toerner, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave, Bldg. 22, Rm. 6244, Silver Spring, MD 20993-0002, 301-
796-1400.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Microbiology Data for Systemic Antibacterial Drugs--
Development, Analysis, and Presentation.'' The purpose of this guidance
is to assist sponsors in the development, analysis, and presentation of
microbiology data during antibacterial drug development. Microbiology
data provide important information to guide clinical development of
antibacterial drugs and guide clinicians on the use of an antibacterial
drug for its intended indication.
    This guidance finalizes the draft guidance issued on September 17,
2009

(74 FR 47804). After consideration of comments received in response to
the draft guidance, the guidance was restructured to describe general
approaches to microbiology data collection in the body of the guidance
and to provide more specific recommendations in appendixes (e.g., the
format for microbiology data presentation and an example for sections
of labeling that pertain to microbiology).
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on the development, analysis, and presentation
of microbiology data for systemic antibacterial drugs. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
    1. This guidance provides recommendations on the type of
information to include in submissions of the clinical microbiology
section of investigational new drug applications (INDs) and new drug
applications (NDAs) for systemic antibacterial drugs. The microbiology
section of an NDA is required under 21 CFR 314.50(d)(4) and this
information collection is approved under OMB control number 0910-0001.
For INDs, this information is required under 21 CFR 312.23(a) and
approved under OMB control number 0910-0014.
    2. This guidance also recommends the types of data that should be
submitted in a labeling supplement to update the microbiology
information in approved labeling if an application holder chooses to
update this information without relying on a standard recognized by
FDA. The submission of labeling supplements is required under 21 CFR
314.70(b)(2)(v) and 201.56(a)(2) and this information collection is
approved under OMB control numbers 0910-0001 and 0910-0572,
respectively.
    3. Appendix D of this guidance describes the content of the
Microbiology subsection of labeling. This labeling is covered under 21
CFR 201.57(c)(13)(i) and the information collection is approved under
OMB control number 0910-0572.
    4. This guidance also references the guidance for industry entitled
``Updating Labeling for Susceptibility Test Information in Systemic
Antibacterial Drug Products and Antimicrobial Susceptibility Testing
Devices'' for updating labeling information. The information collection
in this guidance has been approved under OMB control number 0910-0638.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: August 22, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-20473 Filed 8-25-16; 8:45 am]
 BILLING CODE 4164-01-P