[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Notices]
[Pages 57865-57866]
[FR Doc No: 2019-23588]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14862-001]

Douglas Leen; Notice of Application Accepted for Filing, Intent
To Waive Scoping, Soliciting Motions To Intervene and Protests, Ready
for Environmental Analysis, and Soliciting Comments, Terms and
Conditions, Recommendations, Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption from Licensing.
    b. Project No.: 14862-001.
    c. Date filed: November 28, 2018.
    d. Applicant: Douglas Leen.
    e. Name of Project: Kupreanof Microhydro Project.
    f. Location: On an unnamed stream, in Petersburg Borough, Alaska.
The project would occupy 0.651 acre of federal land managed by the U.S.
Forest Service.
    g. Filed Pursuant to: Public Utilities Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Douglas Leen, P.O. Box 341, Petersburg,
Alaska 99833,<PHONE_NUMBER>; [email protected].
    i. FERC Contact: John Matkowski,<PHONE_NUMBER>, or
[email protected].
    j. On September 26, 2019, the applicant informed the Commission of
its intent to convert its application for minor license filed on
November 28, 2018 to an application for exemption from licensing and
included additional information necessary to augment the license
application and convert it to an application for exemption from
licensing. Pursuant to 18 CFR 4.31(c)(2) (2019), an applicant for an
exemption is required to have sufficient rights in any non-federal land
required for the project prior to filing its application. On October 8,
2019, the applicant provided documentation that it had the property
rights for the non-federal lands necessary to develop the project.
    k. Deadline for filing motions to intervene and protests, comments,
terms and conditions, recommendations, and prescriptions: 60 days from
the issuance date of this notice; reply comments are due 105 days from
the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, terms and conditions,
recommendations, and prescriptions using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-14862-001.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    l. This application has been accepted for filing and is now ready
for environmental analysis.
    m. Project Description: The proposed project would consist of: (1)
Two surface water intakes: (a) A 3-foot-long, 1.5-foot-wide, 1.5-foot-
deep steel intake box located in the east branch of the unnamed stream;
and, (b) a 2.5-foot-long, 1-foot-wide, 1.25-foot-deep, steel intake box
located in the west branch of the unnamed stream; (2) a 6-inch
diameter, 458-foot-long, plastic penstock connecting the east branch
intake to the powerhouse; (3) a 3-inch-diameter, 30-foot-long, plastic
penstock connecting the west branch intake to the penstock leading from
the east branch intake; (5) a powerhouse containing 1.5-kilowatt (kW)
turbine/generator unit; (6) a tailrace that discharges into the
mainstem unnamed stream; (7) a 420-foot-long, partially buried
transmission line; and (8) appurtenant facilities. The project is
estimated to generate an average of 550 megawatt-hours annually.
    n. Due to the small size and location of this project, the
applicant's close coordination with federal and state agencies during
preparation of the application, and studies completed during pre-filing
consultation, we intend to waive scoping and expedite the licensing
process. Based on a review of the application and resource agency
consultation letters including comments filed to date, Commission staff
intends to prepare a single environmental assessment (EA). Commission
staff determined that the issues that need to be addressed in its EA
have been adequately identified during the pre-filing period, and no
new issues are likely to be identified through additional scoping. The
EA will consider assessing the potential effects of project operation
on geology and soils, aquatic, terrestrial, threatened and endangered
species, recreation, and cultural and historic resources.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website 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
Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit comments, a protest, or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, .211, and .214. In determining the appropriate action to
take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title PROTEST,
MOTION TO

INTERVENE, NOTICE OF INTENT TO FILE COMPETING APPLICATION, COMPETING
APPLICATION, COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, TERMS AND
CONDITIONS, or PRESCRIPTIONS; (2) set forth in the heading the name of
the applicant and the project number of the application to which the
filing responds; (3) furnish the name, address, and telephone number of
the person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments,
recommendations, terms and conditions or prescriptions must set forth
their evidentiary basis and otherwise comply with the requirements of
18 CFR 4.34(b). Agencies may obtain copies of the application directly
from the applicant. A copy of any protest or motion to intervene must
be served upon each representative of the applicant specified in the
particular application. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: October 23, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-23588 Filed 10-28-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1747-1748]
[FR Doc No: 2022-00407]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15253-000]

Notice of Preliminary Permit Application Accepted for Filing and
Soliciting Comments, Motions To Intervene, and Competing Applications;
Great Divide Energy Park LLC

    On December 10, 2021, Great Divide Energy Park LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), to study the feasibility of the Great Divide
Closed Loop Pumped Storage Hydro Project to be located near Jeffery
City, in Fremont County, Wyoming. The proposed project would be located
in part on federal lands administered by the U.S. Bureau of Land
Management. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed pumped storage project would consist of the following
new facilities: (1) A 5,062-foot-long earthen and/or roller compacted
concrete embankment, creating a reservoir with a normal maximum water
surface area of 8,900 feet and a storage capacity of 6,000 acre-feet;
(2) a 4,093-foot-long, 18-foot diameter steel penstock that would
convey water from the upper reservoir to the turbine/pump units in the
powerhouse and to the lower reservoir; (3) a 760-foot-long, 200-foot-
wide powerhouse located adjacent to the lower reservoir containing
three 133-MW quaternary turbine/pump unit pairs for a combined capacity
of approximately 399 megawatts; (4) a 5,371-foot-long earthen and/or
roller compacted concrete embankment, creating a lower reservoir with a
normal maximum water surface area of 7,850 feet and a storage capacity
of 6,000 acre-feet; (5) gravel access roads to provide access to the
upper or lower reservoirs from existing roads; (6) a 2.37 mile-long,
230 kilovolts (kV) transmission line; and (7) appurtenant facilities.
The estimated annual generation of the Great Divide Closed Loop Pumped
Storage Hydro Project would be approximately 1,861 gigawatt-hours,
(GWhs).
    Applicant Contact: Mr. Carl Borgquist, CEO Great Divide Energy Park
LLC, 612 East Main St., Suite C,

P.O. Box 309, Bozeman, MT 59771; phone:<PHONE_NUMBER>; email:
[email protected].
    FERC Contact: Lauren Townson; phone:<PHONE_NUMBER>; email:
[email protected].
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include the docket
number P-15253-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15253) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: January 6, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-00407 Filed 1-11-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Page 38200]
[FR Doc No: 2013-15308]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG 2013-0433]

Safety Zone; Fourth of July Fireworks Display, Glenbrook NV

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Fourth of
July Fireworks Display in Glenbrook, NV during the date and time noted
below. This action is necessary to protect life and property of the
maritime public from the hazards associated with the fireworks display.
During the enforcement period, unauthorized persons or vessels are
prohibited from entering into, transiting through, or anchoring in the
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in event 19 of Table 1 to 33 CFR 165.1191 will
be enforced from 5 a.m. until 10:30 p.m. on July 4, 2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Lieutenant Junior Grade Joshua Dykman, Sector San
Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415-
399-3585, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone
in navigable waters around and under a fireworks barge within a radius
of 100 feet during the loading of the fireworks barge and until the
start of the fireworks display. From 5 a.m. until 4 p.m. on July 4,
2013, the fireworks barge will be loaded at the launch site in
Glenbrook Bay near position 39[deg]05'18'' N, 119[deg]56'34'' W (NAD
83). Upon the commencement of the 20 minute fireworks display,
scheduled to take place at 9:30 p.m. on July 4, 2013, the safety zone
will increase in size to encompass the navigable waters around and
under the fireworks barge within a radius 1,000 feet at position
39[deg]05'18'' N, 119[deg]56'34'' W (NAD 83) for the Fourth of July
Fireworks Display in Glenbrook, NV in 33 CFR 165.1191. This safety zone
will be in effect from 5 a.m. until 10:30 p.m. on July 4, 2013.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM. Additionally, each
person who receives notice of a lawful order or direction issued by an
official patrol vessel shall obey the order or direction. The PATCOM is
empowered to forbid entry into and control the regulated area. The
PATCOM shall be designated by the Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon request, allow the transit of
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with extensive advance
notification of the safety zone and its enforcement period via the
Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice, a
Broadcast Notice to Mariners may be used to grant general permission to
enter the regulated area.

    Dated: June 4, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-15308 Filed 6-25-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Rules and Regulations]
[Pages 13965-13968]
[FR Doc No: 2017-05229]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0032]
RIN 1625-AA11

Regulated Navigation Areas; Escorted Submarines Sector
Jacksonville Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing regulated navigation areas
(RNA) covering the St. Marys Entrance Channel, portions of the
Cumberland Sound, and the Atlantic Ocean that will be in effect
whenever any Navy submarine (foreign or domestic) is escorted by the
Coast Guard and operating within the jurisdictional waters of the
Sector Jacksonville Captain of the Port Zone. These RNAs

are necessary to help ensure the safety and security of submarines,
their Coast Guard escorts, and the public. The RNAs will do so by
requiring all persons and vessels located within an RNA to follow
lawful orders and/or directions given to them by Coast Guard designated
representatives. Additionally, these RNAs will supersede the current
temporary safety/security zone for Cumberland Sound, Georgia and St.
Marys River Entrance Channel.

DATES: This rule is effective April 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0032 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Allan Storm, Coast Guard Sector Jacksonville,
Chief of Waterways Management, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    Navy submarines frequently operate within the Cumberland Sound and
the St. Marys Entrance Channel. When transiting these areas, the
submarines and the vessels towing them are severely restricted in their
ability to maneuver or deviate course. Due to the safety and security
concerns involved with submarine operations near shore in restricted
waters, the Coast Guard provides submarine escorts when they are
operating in those areas and offshore in the Atlantic Ocean.
    Because the existing regulatory options the Coast Guard uses to
safeguard the movement of submarines, their Coast Guard escorts, and
the public are insufficient, the Coast Guard published a notice of
proposed rulemaking (NPRM) on June 13, 2016, titled ``Regulated
Navigation Areas; Escorted Submarines Sector Jacksonville Captain of
the Port Zone'' (81 FR 38119). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action. During the
comment period that ended July 13, 2016, we received no public comments
and two interagency comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Coast Guard has determined that RNAs are necessary to allow
designated Coast Guard representatives adequate time to effectively
order and/or direct persons and vessels operating within a RNA to stop,
move, change orientation, or take other action as needed to ensure
safety and/or security. The ability to order and/or direct persons and
vessels will help avoid unnecessary and potentially dangerous close
quarters contact between Coast Guard escorts and the maritime public
within Cumberland Sound, the St. Marys Entrance Channel, and offshore
in the Atlantic Ocean. In addition, it will give Coast Guard escorts an
additional tool for determining the intention of vessels that are
operating in close vicinity to an escorted submarine. The RNAs will
mitigate the risks associated with these issues, and ensure the safety
and security of the submarines, their Coast Guard escorts, and the
maritime public.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no public comments on the NPRM
published on June 13, 2016. To better define the northern extent of the
RNA, we have incorporated one change to the rule based on an
interagency comment. The change includes adding the words ``the
southern tip of'' to the Crab Island position.
    This rule establishes a regulated area encompassing all waters
within one (1) nautical mile of the charted center of the navigation
channel from the southern tip of Crab Island in the Cumberland Sound,
Georgia, to the St. Marys Entrance Channel and its approach extending
eastward to lighted buoy ``STM.'' This portion of the regulation would
allow Coast Guard vessels to direct waterway traffic in any portion of
this confined channel when a submarine is being escorted.
    Additionally, a regulated area will encompass waters within one (1)
nautical mile of any Navy submarine while it is transiting territorial
seas within the Sector Jacksonville Captain of the Port Zone. All
persons and vessels located within the RNA are required to follow
lawful orders and/or directions given to them by designated Coast Guard
representatives.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    The Coast Guard made this determination based on the fact that (1)
the RNAs are only enforced for the short periods of time when
submarines are operating in the St. Marys Entrance Channel, portions of
the Cumberland Sound, and Atlantic Ocean and escorted by the Coast
Guard or anytime a submarine is operating and escorted by the Coast
Guard within the Sector Jacksonville Captain of the Port Zone
territorial seas and (2) vessels may freely operate within the RNAs to
the extent permitted by other law or regulation unless given a lawful
order and/or direction by designated Coast Guard representatives.
    The Coast Guard has determined that this rule, superseding the
temporary safety/security zone implemented under 33 CFR 165.731(b),
does not constitute a ``significant regulatory action'' under Executive
Order 12866 based on the size and location of the security zone. The
permanent security zone currently implemented under 33 CFR 165.731(a)
remains in effect and covers approximately five square nautical miles
of a sparsely populated section of Cumberland Sound and tributaries
where few recreational or commercial vessels transit. Vessels
transiting this area of Cumberland Sound can transit around the
security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small

businesses, not-for-profit organizations that are independently owned
and operated and are not dominant in their fields, and governmental
jurisdictions with populations of less than 50,000. The Coast Guard did
not receive any comments from the Small Business Administration on this
rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this
rule would not have a significant economic impact on a substantial
number of small entities.
    While some owners or operators of vessels intending to transit the
RNA may be small entities, for the reasons stated in section V.A above,
this rule would not have a significant economic impact on any vessel
owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of RNAs and an amendment to a safety/
security zone covering the St. Marys Entrance Channel, portions of the
Cumberland Sound, and Atlantic Ocean, that will be enforced whenever
any Navy submarine (foreign or domestic) is being escorted by the Coast
Guard and operating within the jurisdictional waters of the Sector
Jacksonville Captain of the Port Zone. It is categorically excluded
from further review under paragraph 34(g) of figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Revise Sec.  [thinsp]165.731 to read as follows:

Sec.  [thinsp]165.731  Security Zone: Cumberland Sound, Georgia.

    (a) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Jacksonville, Florida, in the enforcement of
the regulated areas.
    (b) Location. A permanent security zone is established within the
following coordinates, the area enclosed by a line starting at
30[deg]44'55'' N., 081[deg]29'39'' W.; thence to 30[deg]44'55'' N.,
081[deg]29'18'' W.; thence to 30[deg]46'35'' N., 081[deg]29'18'' W.;
thence to 30[deg]47'02'' N., 081[deg]29'34'' W.; thence to
30[deg]47'21'' N., 081[deg]29'39'' W.; thence to 30[deg]48'00'' N.,
081[deg]29'42'' W.; thence to 30[deg]49'07'' N., 081[deg]29'56'' W.;
thence to 30[deg]49'55'' N., 081[deg]30'35'' W.; thence to
30[deg]50'15'' N., 081[deg]31'08'' W.; thence to 30[deg]50'14'' N.,
081[deg]31'30'' W.; thence to 30[deg]49'58'' N., 081[deg]31'45'' W.;
thence to 30[deg]49'58'' N., 081[deg]32'03'' W.; thence to
30[deg]50'12'' N., 081[deg]32'17'' W.; thence following the land based
perimeter boundary to the point of origin.
    (c) Regulations. (1) No person or vessel may enter or remain within
the security zone without the permission of the COTP Jacksonville or
designated representative.
    (2) All persons and vessels authorized to enter the security zone
shall immediately obey any direction or order of the COTP Jacksonville
or designated representative.
    (3) This regulation does not apply to persons or vessels operating
under the authority of the United States Navy or to authorized law
enforcement agencies.

0
3. Add Sec.  [thinsp]165.732 to read as follows:

Sec.  [thinsp]165.732  Escorted Submarines Sector Jacksonville Captain
of the Port Zone.

    (a) Location. The following areas are regulated navigation areas
(RNA) whenever any Navy submarine (foreign or domestic) is being
escorted by the Coast Guard within the Sector Jacksonville Captain of
the Port Zone territorial seas:
    (1) All waters within 1 nautical mile of any Navy submarine
operating within the Sector Jacksonville Captain of the Port Zone
territorial seas; and
    (2) All waters within 1 nautical mile of the charted center of the
navigation channel from the southern tip of Crab Island in the
Cumberland Sound, Georgia, to the St. Marys Entrance Channel and its
approach extending eastward to lighted buoy ``STM.''
    (b) Regulations. All persons and vessels located within a RNA
created by paragraph (a) shall follow all lawful orders and/or
directions given to them by designated Coast Guard representatives. 33
CFR 165, subpart B, contains additional provisions applicable to the
RNA created in paragraph (a) of this section.
    (c) Notification. The Coast Guard escort will attempt, when
necessary and practicable, to notify any persons or vessels inside or
approaching the vicinity of a RNA created in paragraph (a) of this
section of its existence via VHF Channel 16 and/or any other means
reasonably available.

    Dated: March 10, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-05229 Filed 3-15-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49720-49721]
[FR Doc No: 2012-20139]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-1429; Airspace Docket No. 11-AAL-22]

Establishment of Class E Airspace; Chenega Bay, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace at Chenega Bay, AK,
to accommodate aircraft using a new Area Navigation (RNAV) Global
Positioning System (GPS) standard instrument approach procedures at
Chenega Bay Airport. This improves the safety and management of
Instrument Flight Rules (IFR) operations at the airport.

DATES: Effective date, 0901 UTC, November15, 2012. 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: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA, 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On May 29, 2012, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish controlled airspace at
Chenega Bay, AK (77 FR 31548). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. The FAA received one comment from the National
Business Aviation Association (NBAA).
    The NBAA recommended that the FAA lower some of the adjacent Class
E airspace down to 1,200 feet above the surface to increase the
efficiency of radar vectoring in the area.

    The FAA believes that lowering this airspace is outside the scope
of this rulemaking action and would not serve the immediate purpose of
establishing the airspace necessary for the safety of aircraft within
the Chenega Bay, airport area.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9V dated August 9, 2011, and effective September 15,
2011, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface, at Chenega Bay Airport, to accommodate IFR aircraft
executing new RNAV (GPS) standard instrument approach procedures at the
airport. This action is necessary for the safety and management of IFR
operations.
    The FAA has determined 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 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 discusses 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 establishes
controlled airspace at Chenega Bay Airport, AK.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    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 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:

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

* * * * *

AAL AK E5 Chenega Bay, AK [New]

Chenega Bay Airport, AK
    (Lat. 60[deg]04'43'' N., long. 147[deg]59'41'' W.)

    That airspace extending upward from 700 feet above the surface
within a 2-mile radius of the Chenega Bay Airport, and that airspace
beginning at the intersection of the 2-mile radius of the airport
and 170[deg] bearing of Chenega Bay Airport to lat. 60[deg]02'17''
N., long. 147[deg]39'07'' W.; to lat. 60[deg]05'06'' N., long.
147[deg]28'33'' W.; to lat. 60[deg]11'41'' N., long. 147[deg]37'16''
W.; thence to the intersection of the 2-mile radius of Chenega Bay
Airport and 353[deg] bearing of the airport.

    Issued in Seattle, Washington, on August 6, 2012.
John Warner,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2012-20139 Filed 8-16-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Page 66600]
[FR Doc No: 2012-27011]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL13-15-000]

Southwestern Public Service Company v. Southwest Power Pool,
Inc.; Notice of Complaint

    Take notice that on October 26, 2012, pursuant to sections 206 and
309 of the Federal Power Act, 16 U.S.C. 824(e) and 825(h) (2006); and
Rule 206 of the Federal Energy Regulatory Commission's (Commission)
Rules of Practice and Procedure, 18 CFR 206 (2012), Xcel Energy
Services Inc. on behalf of Southwestern Public Service Company
(Complainant) filed a formal complaint against Southwest Power Pool,
Inc. (SPP or Respondent), alleging that (1) the transmission rates for
SPP Zone 11 are unjust and unreasonable due to the inclusion of the
costs of Tri-County Electric Cooperative, Inc.'s (Tri-County)
facilities that are not transmission facilities under the SPP Open
Access Transmission Tariff (OATT); and (2) SPP's filing of transmission
rates that included the costs of the Tri-County facilities violated the
express terms and conditions of Attachment AI of the SPP OATT and the
SPP Member Agreement. The Complainant requests a refund effective date
of April 1, 2012.
    The Complainant certifies that copies of the complaint were served
on the contacts for SPP as listed on the Commission's list of Corporate
Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 15, 2012.

    Dated: October 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-27011 Filed 11-5-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20294-20295]
[FR Doc No: 2017-08644]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0648; A-1-FRL-9958-36-Region 1]

Air Plan Approval; CT; Approval of Single Source Orders

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Connecticut. The revisions establish reasonably available
control technology (RACT) for two facilities that emit volatile organic
compounds (VOCs) in the state. Additionally, we are also proposing to
approve Connecticut's request to withdraw seven previously-approved
single source orders from the SIP.

DATES: Written comments must be received on or before May 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0648 at http://www.regulations.gov, or via email to Anne
Arnold at<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, the 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. The 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: Bob McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs

Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency,
Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-
3912;<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 action
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 27, 2016.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-08644 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36400-36401]
[FR Doc No: 2014-15127]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0470]

Drawbridge Operation Regulation; St. Croix River, Stillwater, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Stillwater Highway Drawbridge
across the St. Croix River, mile 23.4, at Stillwater, Minnesota. The
deviation is necessary due to increased vehicular traffic after a local
Independence Day fireworks display. The deviation allows the bridge to
be in the closed-to-navigation position to clear increased traffic
congestion.

DATES: This deviation is effective from 10:00 p.m. to 11:30 p.m., July
4, 2014.

ADDRESSES: The docket for this deviation, [USCG-2014-0470] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl F.

Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Minnesota Department of Transportation
requested a temporary deviation for the Stillwater Highway Drawbridge,
across the St. Croix River, mile 23.4, at Stillwater, Minnesota to
remain in the closed-to-navigation position on July 4, 2014 as follows:
    From 10:00 p.m. to 11:30 p.m. on July 4, 2014, the lift span will
remain in the closed-to-navigation position.
    The Stillwater Highway Drawbridge currently operates in accordance
with 33 CFR 117.667(b), which states specific seasonal and commuter
hours operating requirements.
    There are no alternate routes for vessels transiting this section
of the St. Croix River.
    The Stillwater Highway Drawbridge, in the closed-to-navigation
position, provides a vertical clearance of 10.9 feet above normal pool.
Navigation on the waterway consists primarily of commercial
sightseeing/dinner cruise boats and recreational watercraft. This
temporary deviation has been coordinated with waterway users. No
objections were received.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: June 13, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014-15127 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Page 21686]
[FR Doc No: 2010-9745]

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

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
29, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), 9(B) and (10) and 17 CFR 200.402(a)(5),
(7), 9(ii) and (10), permit consideration of the scheduled matters at
the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
April 29, 2010 will be:

    Institution and settlement of injunctive actions; Institution
and settlement of administrative proceedings; and Other matters
relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: April 22, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-9745 Filed 4-22-10; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Page 15826]
[FR Doc No: 2018-07558]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14873-000]

Nushagak Cooperative, Inc.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 22, 2018, Nushagak Cooperative, Inc. filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Nuyakuk River
Hydroelectric Project (Nuyakuk River Project or project) to be located
on the Nuyakuk River, near Dillingham, Alaska. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission. The project would
utilize approximately 218 acres of land owned by the U.S. Bureau of
Land Management.
    The proposed project would consist of the following new facilities:
(1) A 100-foot-long, 20-foot-high intake structure; (2) a 1,200-foot-
long, 50-foot-wide by 15-feet-tall concrete-lined power conduit; (3) a
100-foot-wide by 100-foot-long powerhouse forebay with a surface area
of 0.23 acres; (4) a 100-foot-wide by 60-foot-long concrete powerhouse
containing two 5 megawatt (MW) bulb-type turbines for a total installed
capacity of 10 MW; (5) a 100-foot-wide, 500-foot-long tailrace
discharging to the Nuyakuk River; (6) a project substation; (7) a 135-
mile-long, 25 kilovolt transmission line extending from the substation
to the communities of Aleknagik, Koliganek, Stuyahok, Ekwok, and
Levelock; and (8) appurtenant facilities. The estimated annual
generation of the Nuyakuk River Project would be 72.8 gigawatt-hours.
    Applicant Contact: Mr. Bobby Armstrong, Nushagak Cooperative, Inc.,
P.O. Box 530, Dillingham, AK 99576; phone:<PHONE_NUMBER>.
    FERC Contact: Julia Kolberg, phone:<PHONE_NUMBER> or email:
[email protected].
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14873-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14873) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 6, 2018.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-07558 Filed 4-11-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65321-65323]
[FR Doc No: 2023-20562]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0786]
RIN 1625-AA87

Security Zone; Patapsco River, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: At the request of the United States Secret Service (USSS), the
Coast Guard is establishing a temporary security zone for the
protection of persons who will be in Baltimore, MD on September 24,
2023. This security zone will prohibit persons and vessels from
entering or remaining within the security zone unless authorized by the
Captain of the Port Maryland-National Capital Region or a designated
representative.

DATES: This rule is effective from 4 p.m. until 8 p.m. on Sunday,
September 24, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0786 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call, or email LCDR Kate Newkirk, Waterways Management Division, Sector
Maryland-National Capital Region, U.S. Coast Guard;<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was notified by the
USSS of the visit without sufficient time to publish an NPRM. Delay in
promulgating this rule would be impracticable because this security
zone must be in by September 24, 2023, to protect these USSS protectees
in the vicinity of Baltimore, MD. The presence of these USSS protectees
creates unique safety and security concerns.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051 and 70124. The Captain of the Port Maryland-National Capital
Region (COTP) has determined that the presence of persons under the
protection of the USSS at this location presents a potential target for
terrorist attack, sabotage, or other subversive acts, accidents, or
other causes of similar nature. This rule is needed to protect persons
under the protection of the USSS, personnel in and around the visit
site, navigable waterways, and waterfront facilities.

IV. Discussion of the Rule

    This rule establishes a security zone from 4 p.m. until 8 p.m. on
September 24, 2023, on the Patapsco River, in the vicinity of
Baltimore, MD. The security zone will cover all navigable waters of the
Inner Harbor on the Patapsco River, encompassed by a line connecting
the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. The duration of the zone is intended to
protect persons under the protection of the USSS, personnel in and
around the visit site, navigable waterways, and waterfront facilities.
    No vessel or person will be permitted to enter the security zone
without obtaining permission from the COTP or a designated
representative and must proceed as directed by on-scene enforcement
vessels. Any vessel permitted to transit the zone will be required to
continue through the zone without pause or delay as directed by on-
scene enforcement vessels.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a

``significant regulatory action,'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and limited duration of the security zone. This zone impacts
a small, designated area of the Patapsco River for 4 hours.
Furthermore, vessel traffic can safely transit around the security zone
within the eastern portion of the navigation channel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone lasting only 4 hours that will prohibit entry within
certain navigable waters of the Patapsco River. It is categorically
excluded from further review under paragraph L60(c) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0786 to read as follows:

Sec.  165.T05-0786  Security Zone; Patapsco River, Baltimore, MD.

    (a) Location. The following area is a security zone: All navigable
waters of the Inner Harbor on the Patapsco River, encompassed by a line
connecting the following points beginning at 39[deg]16'56.60'' N,
076[deg]36'26.17'' W, thence to 39[deg]17'1.25'' N, 076[deg]36'21.67''
W, located at Baltimore, MD. These coordinates are based on WGS 84.
    (b) Definitions. As used in this section--Captain of the Port
(COTP) means the Commander, U.S. Coast Guard Sector Maryland-National
Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Maryland-National Capital Region (COTP) in the enforcement of the
security zone.
    Official Patrol Vessel means any Coast Guard, Coast Guard
Auxiliary, State, or local law enforcement vessel assigned or approved
by the COTP.
    USSS protectee means any person for whom the United States Secret
Service requests implementation of a security

zone in order to supplement protection of said person(s).
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter or remain in the security
zone described in paragraph (a) of this section unless authorized by
the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the Security Zone,
contact the COTP or the COTP's representative by telephone number 410-
576-2693 or on Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those
in the security zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
    (3) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with lawful direction may result in expulsion from the regulated
area, citation for failure to comply, or both.
    (4) Unless specifically authorized by on-scene enforcement vessels,
any vessel granted permission to enter or transit the security zone
must comply with the instructions of the COTP or designated
representative and operate at bare steerage or no-wake speed while
transiting through the Security Zone, and must not loiter, stop, or
anchor, and shall do so for the entirety of its time within the
boundaries of the security zone.
    (d) Enforcement period. (1) This section will be enforced from 4
p.m. until 8 p.m. on September 24, 2023.
    (2) This security zone described in paragraph (a) of this section
will be enforced with actual notice by the U.S. Coast Guard
representatives on-scene, as well as other methods listed in 33 CFR
165.7. The Coast Guard will enforce the security zone created by this
section only when it is necessary for the protection of USSS protectees
in the vicinity of Hampton, Va. The U.S. Coast Guard may be
additionally assisted in the patrol and enforcement of the zone by
Federal, State, and local agencies.

    Dated: September 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National
Capital Region.
[FR Doc. 2023-20562 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5693]
[DOCID:fr07fe07-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR07-7-000]

Tesoro Refining and Marketing Company Complainant, v. Calnev Pipe
Line, L.L.C.; Respondent; Notice of Complaint

January 31, 2007.
    Take notice that on January 30, 2007, Tesoro refining and Marketing
Company (Tesoro) filed a formal complaint against Calnev Pipe Line,
L.L.C. (Calnev) pursuant to Rule 206 of the Rules of Practice and
Procedure of the Federal Energy Regulatory Commission, 18 CFR 385.206;
the Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR
343.2; sections 1(5), 8, 9, 13, 15, and 16 of the Interstate Commerce
Act, 49 U.S.C. App. Sec. Sec.  1(5), 8, 9, 13, 15, and 16 (1984); and
section 1803 of the Energy Policy Act of 1992 (EPA).
    Complainant alleges that Calnev's interstate rates are unjust and
unreasonable. Complainant requests that the Commission determine that
the rates established by Calnev are unjust and unreasonable; prescribe
new rates that are just and reasonable for the shipment of refined
petroleum products from Colton, CA to McCarran International Airport
and North Las Vegas, NV; determine that Calnev overcharged Tesoro for
shipments of jet fuel from Colton, CA to McCarran International
Airport, NV from at least February 1, 2005 to the present date and is
continuing to overcharge Tesoro for such shipments; order Calnev to pay
refunds, reparations and damages, plus interests, to Tesoro for
shipments made by Tesoro under each of the relevant tariffs; determine
that section 1803 of the EPA of 1992 does not prevent Tesoro from
filing its Complaint or the Commission from ordering the relief
requested; grant the Tesoro Motion to Consolidate this docket with on-
going Commission proceedings in Docket Nos. IS06-296-000 and Or07-5-
000; and grant Tesoro such other, different or additional relief as the
Commission may determine to be appropriate.
    Tesoro certifies that copies of the complaint were served on the
contacts for Calnev as listed on the Commission's list of Corporate
Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 1, 2007.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-1928 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Page 70918]
[FR Doc No: 2010-29143]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0001; FRL-8853-5]

SFIREG Full Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Full
Committee will hold a 2-day meeting, beginning on December 6, 2010, and
ending December 7, 2010. This notice announces the location and times
for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on Monday, December 6, 2010, from 8:30
a.m. to 5 p.m. and Tuesday, December 7, 2010, from 8:30 a.m. to noon.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA One Potomac Yard (South
Bldg.) 2777 Crystal Dr., Arlington VA, 1st Floor South Conference Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field and External
Affairs Division (7506P), 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>or Grier Stayton, SFIREG Executive
Secretary, P.O. Box 466, Milford, DE 19963; telephone number: (302)
422-8152; fax number:<PHONE_NUMBER>; e-mail address: Grier
Stayton<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action apply to me?

    You may be potentially affected by this action if you are
interested in SFIREG information exchange relationship with EPA
regarding important issues related to human health, environmental
exposure to pesticides, and insight into EPA's decision-making process.
You are invited and encouraged to attend the meetings and participate
as appropriate. Potentially affected entities may include, but are not
limited to:
    Those persons who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug, and Cosmetics Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. 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?

    EPA has established a docket for this action under docket ID number
EPA-HQ-OPP-2010-0001. Publicly available docket materials are available
either in the electronic docket at http:[sol][sol]www.regulations.gov,
or, if only available in hard copy, at the Office of Pesticide Programs
(OPP) Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of
this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is<PHONE_NUMBER>.

II. Background

    This unit sets forth the tentative agenda for the meeting:
    1. Issue Paper on Differentiation of Label Language.
    2. Issue Paper on ``For Use By'' Label Statements.
    3. Issue Paper on Expiration Dates--Supplemental Labeling.
    4. Issue Paper on Revision of PR Notice 87-1 (Chemigation).
    5. Status of Drift PRN.
    6. Total Release Fogger investigation.
    7. Rewrite of Pesticide Inspectors Manual by the Office of
Enforcement and Compliance Assurance (OECA).
    8. Survey on decline in state pesticide program resources.
    9. Federal credentialing resource issues.
    10. Fumigation Label review process.
    11. Discussion on State Lead Agency (SLA) enforcement issues for
which EPA can provide assistance.
    12. Discussion on providing for more input from SLAs in rule-making
process.
    13. Discussion on providing for more review of enforceability of
label language during label review process.
    14. SFIREG Committee Reports.
    15. Revisions to State Tribal Assistance Grants (STAG) grant
funding.
    16. Discussion of revised State Label Issues Tracking System
(SLITS) process.
    17. Association of Structural Pest Control Regulatory Officials
Update.
    18. Association of American Pesticide Safety Educators Report.
    19. Tribal Pesticide Program Council Report.
    20. Pesticide Program Dialogue Committee Update.

III. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 10, 2010.
Robert McNally,
Acting Director, Field and External Affairs Division, Office of
Pesticide Programs.
[FR Doc. 2010-29143 Filed 11-18-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12762-12764]
[FR Doc No: 2016-05323]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77293; File No. SR-NYSEMKT-2016-34]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Change To Modify the NYSE Amex
Options Fee Schedule Relating to ByRDs Transaction Fees

March 4, 2016.
    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 March 1, 2016, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify the NYSE Amex Options Fee Schedule
(``Fee Schedule'') to address how the Exchange would treat transactions
in

Binary Return Derivatives contracts (``ByRDs''). The Exchange proposes
to implement the fee change effective March 1, 2016. The proposed
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to propose revisions to the Fee
Schedule to address how the Exchange would treat transactions in ByRDs.
    The Exchange added rules related to ByRDs in 2007 and plans to re-
launch trading in ByRDs in March 2016.\4\ To encourage trading in
ByRDs, the Exchange proposes to exempt transactions in ByRds from all
transaction fees and credits at this time. The Exchange also proposes
that any volume in ByRDs would be included in the calculations to
qualify for any volume-based incentives currently being offered on the
Exchange. Accordingly, the Exchange proposes to add note 1 [sic] to
Section I.A. of the Fee Schedule regarding the Rates for Standard
Options transactions to reflect this proposed change.
---------------------------------------------------------------------------

    \4\ The Exchange adopted ByRDs in 2007 and plans to re-launch
trading in ByRDs in March. See Securities Exchange Act Release No.
56251 (August 14, 2007), 72 FR 46523 (August 20, 2007)(SR-Amex-2004-
27) (Order approving listing of Fixed Return Options (``FROs''));
see also Securities Exchange Act Release Nos. 71957 (April 16,
2014), 79 FR 22563 (April 22, 2014) (SR-NYSEMKT-2014-06) (Order
approving name change from FROs to Binary Return Derivatives (ByRDs)
and re-launch of these products, with certain modifications, and
amending Obvious Errors rules to include ByRDs); 77014 (February 2,
2016), 81 FR 6566 (February 8, 2016) (SR-NYSEMKT-2016-16) (immediate
effectiveness filing amending amend certain of rules related to
ByRDs). ByRDs are European-style option contracts on individual
stocks, exchange-traded funds (``ETFs'') and Index-Linked Securities
that have a fixed return in cash based on a set strike price;
satisfy specified listing criteria; and may only be exercised at
expiration pursuant to the Rules of the Options Clearing Corporation
(the ``OCC'').
---------------------------------------------------------------------------

    The Exchange believes the proposed treatment of ByRDs for purposes
of the Fee Schedule would further the Exchange's goal of introducing
new products to the marketplace by encouraging trading in these
products.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the proposed change is reasonable and does
not unfairly discriminate between customers, issues, brokers, or
dealers, because the Exchange's treatment of ByRDs would apply equally
to all market participants that opted to trade ByRDs. Further, the
proposed change is reasonable and does not unfairly discriminate
because exempting ByRDs from transaction fees, while still including
any volume in ByRDs in the calculations to qualify for any volume-based
incentives offered on the Exchange would further the Exchange's goal of
introducing new products to the marketplace by encouraging trading in
these products. To the extent that the proposed change incentivizes any
market participants to direct their order flow to the Exchange, all
market participants would benefit from increased liquidity and trading
opportunities on the Exchange.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange does
not believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed change is
pro-competitive as it would further the Exchange's goal of introducing
new products to the marketplace and encouraging trading in these
products, which would in turn, benefit market participants. To the
extent that this purpose is achieved, all of the Exchange's market
participants should benefit from the improved market liquidity.
Enhanced market quality and increased transaction volume that results
from the anticipated increase in order flow directed to the Exchange
will benefit all market participants and improve competition on the
Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 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_ADDRESS>Please include
File No. SR-NYSEMKT-2016-34 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 No. SR-NYSEMKT-2016-34. 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 also will 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 No. SR-NYSEMKT-2016-34, and should be
submitted on or before March 31, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-05323 Filed 3-9-16; 8:45 am]
 BILLING CODE 8011-01-P