From:
"Jones, DonnaLee"<EMAIL_ADDRESS>Sent:
Wed, 19 Oct 2022 15:58:27
To:
"Cornelius; Jay"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>"Mcginn; Kevin"<EMAIL_ADDRESS>"Shappley; Ned"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Subject:
RE: ABC Coke - Air Monitor Locations - Rev 2

Jay - Our recommendation is that we approve the change to locations F3 and F4 due to the logistics. Kevin McGinn was able to review your proposed new locations.

Best of luck with the testing. We appreciate all your efforts on the Coke 2022 114.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

-----Original Message-----
From: Jones, DonnaLee
Sent: Tuesday, October 18, 2022 9:39 PM
To: Cornelius, Jay<EMAIL_ADDRESS><EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: RE: ABC Coke - Air Monitor Locations - Rev 2

Hopefully, Kevin and/or Ned can give you an answer by COB  Wednesday.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711
Tele:<PHONE_NUMBER>
--------------------------------------------------------------------------------
Fax<PHONE_NUMBER>
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

-----Original Message-----
From: Cornelius, Jay<EMAIL_ADDRESS>Sent: Tuesday, October 18, 2022 7:17 PM
To<EMAIL_ADDRESS>Jones, DonnaLee<EMAIL_ADDRESS>Mcginn, Kevin<EMAIL_ADDRESS>Shappley, Ned<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Subject: ABC Coke - Air Monitor Locations - Rev 2

Good evening,

The contractor's technicians came on site today to install the air monitors. When attempting to place two of the high volume monitors (TO-13A), they realized the large monitors will not fit at proposed locations F1 or F2.

We have proposed new locations F3 and F4 (see attached) which provide adequate space to safely place the monitors without them interfering with the roadway and still be in the same wind direction. The fenceline monitor locations will remain the same.

If possible, we request approval rather quickly as we plan to start sampling Thursday evening/Friday morning.

Regards,

Jay Cornelius
Environmental Manager
ABC Coke, A Division of Drummond


                                  MEMORANDUM

Tetra Tech, Inc.
10306 Eaton Place, Suite 340
Fairfax, VA 22030
phone<PHONE_NUMBER>
fax<PHONE_NUMBER>

TO:			Lisa Biddle, EPA
FROM:		John Sunda and Kelly Meadows
DATE: 		February 12, 2013

SUBJECT: 	Analysis of Cooling System Baseline Trends Using EIA Electricity Generator Data
Data from the annual US Energy Information Administration (EIA) Form 860 survey was analyzed to determine the distribution of system type and age of electricity generator cooling systems to characterize industry trends in the usage of cooling system types for large electric generators. These trends are useful in the evaluation of the net impact of various regulatory requirements that affect the selection of cooling system type.  Specifically, the results of this analysis can help identify reasonable estimates of what portion of "new units" (as defined in the 316(b) existing facility rule) would be designed and constructed with closed-cycle cooling or the equivalent in the baseline.
The most recent available data is from the 2011 Form EIA-860 survey.  The file identified as "EnviroEquipY2011.xls" includes data specific to cooling systems. Form EIA-860 "collects data on the status of existing electric generating plants and associated equipment (including generators, boilers, cooling systems and flue gas desulfurization systems) in the United States, and those scheduled for initial commercial operation within 10 years of the specified reporting period." The survey includes requests for data concerning "associated cooling systems." The survey instructions define a cooling system as "an equipment system that provides water to the condensers and includes water intakes and outlets, cooling towers and ponds, pumps, and pipes. Identify a single plant cooling system, not separate systems, unless systems are physically separated, e.g., have separate water intake and outlet structures, where each system can be operated independently." (EIA, 2013) The data from the spreadsheet tab "cooling" was reviewed and found to include a separate row for each associated cooling system, with many plants reporting multiple systems. This analysis treats each system equally.
Data on cooling systems are required only from plants with a generating capacity of 100 MW or more. The exclusion of cooling systems for generating systems less than 100 MW limits the scope of this data to larger plants that might typically require an intake flow of 60 to 120 mgd if operating a once-through cooling system.  As a result, this analysis should include most Phase II generators and also many Phase III generators that operate flow reduction technologies such as closed-cycle cooling. The Proposal TDD Exhibit 4-3 indicates that about 25% of in-scope generating facilities have design intake flows of 2 to 100 mgd. Thus, there should be a considerable amount of overlap with the 316(b) questionnaire database since many of those facilities use closed-cycle cooling.
The EIA Form 860 database also includes a much larger universe of facilities since it includes facilities that would be considered out of scope for 316(b). The data evaluated includes 1,640 cooling systems that are currently operating and is 80% larger than the EPA in-scope estimate of 912 cooling systems (see Proposal TDD Exhibit 4-8). Since the EIA database is limited to cooling water systems, it is similar to the 316(b) questionnaire database in that it does not include generating facilities that do not use cooling water, such as combustion turbines, solar, or hydropower. By including a larger scope of cooling water using generators, this data is especially useful for estimating 316(b) compliance trends for new units since it includes the full range of system design and water sources both in-scope and out-of-scope that would be available to new units.
The analysis evaluated only those systems currently operating and those being constructed or planned. These are identified as:
   * OP - Operating (in commercial service or out of service less than 365 days)
   * CO - Units under construction
   * PL - Planned (expected to go into commercial service within 10 years)
An important data element used in the analysis was the actual or projected "in-service" year of the cooling system. This date is specific to the cooling system and may not necessarily be the same "in-service" date of the generating system. For example, the "in-service" date of a retrofitted cooling system should be the date the retrofitted system began operation, provided the design is substantially different. For repowered systems where no changes were made to the cooling system, the "in-service" date will likely be recorded as the start date for the original cooling system. Thus, the data reflects the cooling system perspective only and there is no way to distinguish a cooling system associated with new Phase I units from those associated with stand-alone/greenfield or repowered units at existing facilities.
In the analysis, the cooling systems were grouped by in-service date by decade; pre-1950, 1960s, 1970s, 1980s, 1990s, 2000-2011(present), and future (under construction and planned). The database included codes for the numerous cooling system configurations and tower types listed in Tables 1 and 2. Table 1 presents the number of cooling systems that fall within each group. Table 2 presents the distribution of cooling system types that began operation within each timeframe. Table 3 collapses many of the cooling system types into groups that would be relevant to the 316(b) regulation. The last row in Table 3 also shows the distribution of existing cooling systems by age.
The database also included the "Design Cooling Water Flow Rate at 100 percent Load at Intake." The average design intake flow per cooling system type and timeframe is shown in Table 4.  The average design intake values are consistent with expected values with closed-cycle being roughly an order of magnitude smaller than once through.
Baseline Analysis of Closed-Cycle Cooling
Of the cooling system types reported in the database, those that are likely to comply with a requirement to reduce flows commensurate with a closed-cycle system include:
   * Recirculating with pond/canal (impoundment)
   * Recirculating with forced draft tower(s)
   * Recirculating with induced draft tower(s)
   * Recirculating with natural draft tower(s)
   * Recirculating with forced draft hybrid tower(s) with dry cooling
   * Recirculating with induced draft hybrid tower(s) with dry cooling
   * Dry  cooling
   * Other
The data in Table 3 clearly show a steady trend toward the use of closed-cycle cooling, especially after the enactment of the Clean Water Act in 1972. During the 1990's, 84% of new cooling systems were likely to be compliant with a requirement for a closed-cycle recirculating system. The increase to 94% in the 2000's likely reflects the influence of the Phase I 316(b) rule, which was finalized in 2001. Present day data indicate that 98% of new cooling systems are likely to be compliant. This indicates that the baseline compliance value of 50% used in the new unit cost analysis in the proposed rule was likely too conservative (low). A more reasonable value for new construction would be somewhere between 83% and 98%. The value of 83% represents 316(b) BPJ determinations prior to Phase I and should likely be the minimum for greenfield or stand-alone units at existing facilities since Phase I would not apply to these units. The value of 98% may be too high since the basis for this number likely includes many Phase I systems that are required to use closed-cycle cooling. The midpoint value of 90% may be a reasonable estimate for stand-alone or greenfield new unit baseline compliance with a closed-cycle cooling requirement.
Conclusion
A review of the EIA data shows a clear trend towards the use of closed-cycle cooling in recent years for new facilities, and presumably also for new units. As a result, EPA may wish to revise the previous estimates of baseline compliance for new units using the more recent data. Due to the higher rate of expected baseline compliance, is that the estimated economic impact (and benefits) of closed-cycle cooling requirements for new units are much smaller than previously estimated.

References:
EIA. EIA Form 860 Annual Electric Generator Report  -  Instructions. Accessed January 2013.
EIA. Database Spreadsheet: "EnviroEquipY2011.xls" Accessed January 2013.
EIA. Database Spreadsheet: "LayoutY2011.xls" Accessed January 2013.

                                    Table 1
     EIA Form 860 Generator Cooling System Type Counts by In-service Date

                           Existing Cooling Systems
                              Under Construction
                                    Planned
                                Existing Total
                                 Future Total
In-service Dates
                                   1920-1949
                                   1950-1959
                                   1960-1969
                                   1970-1979
                                   1980-1989
                                   1990-1999
                                   2000-2011
                                   2012-2022
                                   2012-2022
                                   1920-2011
                                   2012-2022
Once-through Freshwater
                                      33
                                      182
                                      138
                                      96
                                      20
                                       6
                                      11
                                       0
                                       1
                                      486
                                       1
Once-through Saltwater
                                       5
                                      51
                                      62
                                      43
                                      11
                                      10
                                       4
                                       0
                                       0
                                      186
                                       0
Once-through Pond/Canal
                                       3
                                       7
                                      17
                                      21
                                       3
                                       0
                                       5
                                       0
                                       0
                                      56
                                       0
Recirculating with Pond/Canal
                                       2
                                       5
                                      21
                                      36
                                      22
                                       1
                                       3
                                       1
                                       0
                                      90
                                       1
Recirculating with Forced Draft Tower(s)
                                       2
                                      21
                                      26
                                      64
                                      59
                                      20
                                      116
                                       5
                                       5
                                      308
                                      10
Recirculating with Induced Draft Tower(s)
                                       0
                                      28
                                      35
                                      59
                                      41
                                      49
                                      153
                                      13
                                      16
                                      365
                                      29
Recirculating with Natural Draft Tower(s)
                                       0
                                       0
                                      11
                                      34
                                      39
                                       6
                                       2
                                       3
                                       0
                                      92
                                       3
Recirculating with Forced Draft Hybrid Tower(s) with Dry Cooling
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       2
                                       1
                                       0
                                       2
                                       1
Recirculating with Induced Draft Hybrid Tower(s) with Dry Cooling
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
                                       2
                                       0
                                       0
                                       2
                                       0
Dry  Cooling
                                       0
                                       0
                                       0
                                       1
                                       2
                                       7
                                      42
                                       0
                                      12
                                      52
                                      12
Other
                                       0
                                       0
                                       0
                                       1
                                       0
                                       0
                                       0
                                       0
                                       3
                                       1
                                       3
Total
                                      45
                                      294
                                      310
                                      355
                                      197
                                      99
                                      340
                                      23
                                      37
                                     1640
                                      60

                                    Table 2
  EIA Form 860 Generator Cooling System Type Distribution by In-service Date

                           Existing Cooling Systems
                              Under Construction
                                    Planned
                                Existing Total
                                 Future Total
In-service Dates
                                   1920-1949
                                   1950-1959
                                   1960-1969
                                   1970-1979
                                   1980-1989
                                   1990-1999
                                   2000-2011
                                   2012-2022
                                   2012-2022
                                   1920-2011
                                   2012-2022
Once-through Freshwater
                                      73%
                                      62%
                                      45%
                                      27%
                                      10%
                                      6%
                                      3%
                                      0%
                                      3%
                                      30%
                                      2%
Once-through Saltwater
                                      11%
                                      17%
                                      20%
                                      12%
                                      6%
                                      10%
                                      1%
                                      0%
                                      0%
                                      11%
                                      0%
Once-through Pond/Canal
                                      7%
                                      2%
                                      5%
                                      6%
                                      2%
                                      0%
                                      1%
                                      0%
                                      0%
                                      3%
                                      0%
Recirculating with Pond/Canal
                                      4%
                                      2%
                                      7%
                                      10%
                                      11%
                                      1%
                                      1%
                                      4%
                                      0%
                                      5%
                                      2%
Recirculating with Forced Draft Tower(s)
                                      4%
                                      7%
                                      8%
                                      18%
                                      30%
                                      20%
                                      34%
                                      22%
                                      14%
                                      19%
                                      17%
Recirculating with Induced Draft Tower(s)
                                      0%
                                      10%
                                      11%
                                      17%
                                      21%
                                      49%
                                      45%
                                      57%
                                      43%
                                      22%
                                      48%
Recirculating with Natural Draft Tower(s)
                                      0%
                                      0%
                                      4%
                                      10%
                                      20%
                                      6%
                                      1%
                                      13%
                                      0%
                                      6%
                                      5%
Recirculating with Forced Draft Hybrid Tower(s) with Dry Cooling
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      1%
                                      4%
                                      0%
                                      0%
                                      2%
Recirculating with Induced Draft Hybrid Tower(s) with Dry Cooling
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      1%
                                      0%
                                      0%
                                      0%
                                      0%
Dry  Cooling
                                      0%
                                      0%
                                      0%
                                      0%
                                      1%
                                      7%
                                      12%
                                      0%
                                      32%
                                      3%
                                      20%
Other
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      8%
                                      0%
                                      5%
Total
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%
                                     100%

                                    Table 3
  EIA Form 860 Generator Cooling System Type Distribution by In-service Date

                           Existing Cooling Systems
                              Under Construction
                                    Planned
                                Existing Total
                                 Future Total
In-service Dates
                                   1920-1949
                                   1950-1959
                                   1960-1969
                                   1970-1979
                                   1980-1989
                                   1990-1999
                                   2000-2011
                                   2012-2022
                                   2012-2022
                                   1920-2011
                                   2012-2022
Once-Through (including Once-through Pond/Canal)
                                      91%
                                      82%
                                      70%
                                      45%
                                      17%
                                      16%
                                      6%
                                      0%
                                      3%
                                      44%
                                      2%
Recirculating Pond/Canal
                                      4%
                                      2%
                                      7%
                                      10%
                                      11%
                                      1%
                                      1%
                                      4%
                                      0%
                                      5%
                                      2%
Recirculating Tower
                                      4%
                                      17%
                                      23%
                                      44%
                                      71%
                                      76%
                                      80%
                                      91%
                                      57%
                                      47%
                                      70%
Recirculating Hybrid Tower
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      0%
                                      1%
                                      4%
                                      0%
                                      0%
                                      2%
Dry  Cooling
                                      0%
                                      0%
                                      0%
                                      0%
                                      1%
                                      7%
                                      12%
                                      0%
                                      32%
                                      3%
                                      20%
Likely 316(b) Compliant for Closed-Cycle Cooling[1]
                                      9%
                                      18%
                                      30%
                                      55%
                                      83%
                                      84%
                                      94%
                                     100%
                                      97%
                                      56%
                                      98%
Cooling System Count
                                      45
                                      294
                                      310
                                      355
                                      197
                                      99
                                      340
                                      23
                                      37
                                     1640
                                      60
Distribution of Cooling Systems[2]
                                      3%
                                      18%
                                      19%
                                      22%
                                      12%
                                      6%
                                      21%
                                     1.4%
                                     2.3%
                                     100%
                                     3.7%
Includes only systems currently operating, under construction or planned in next 10 years
[1] Includes Recirculating Towers, Dry Cooling and Other (all "Other" systems did not use surface water as source)
[2] Distribution relative to total existing

                                    Table 4
EIA Form 860 Generator Cooling System Average Intake Design Flow by Type and In-service Date

                           Existing Cooling Systems
                              Under Construction
                                    Planned
                                Existing Total
                                 Future Total
In-service Dates
                                   1920-1949
                                   1950-1959
                                   1960-1969
                                   1970-1979
                                   1980-1989
                                   1990-1999
                                   2000-2011
                                   2012-2022
                                   2012-2022
                                   1920-2011
                                   2012-2022
Units
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
                                      mgd
Once-through Freshwater
                                      235
                                      203
                                      216
                                      551
                                      540
                                      591
                                      264
                                       -
                                       1
                                      298
                                       1
Once-through Saltwater
                                      181
                                      147
                                      302
                                      697
                                      890
                                      262
                                      202
                                       -
                                       -
                                      378
                                       -
Once-through Pond/Canal
                                      568
                                      303
                                      259
                                      676
                                      393
                                       -
                                      441
                                       -
                                       -
                                      461
                                       -
Recirculating with Pond/Canal
                                      100
                                      118
                                      381
                                      394
                                      294
                                      267
                                      359
                                      360
                                       -
                                      342
                                      360
Recirculating with Forced Draft Tower(s)
                                       4
                                      47
                                      38
                                      70
                                      51
                                      32
                                      24
                                       3
                                       2
                                      42
                                       2
Recirculating with Induced Draft Tower(s)
                                       -
                                      27
                                      31
                                      60
                                      17
                                      12
                                      17
                                       9
                                      73
                                      25
                                      44
Recirculating with Natural Draft Tower(s)
                                       -
                                       -
                                      29
                                      21
                                      29
                                      46
                                       8
                                      21
                                       -
                                      27
                                      21
Recirculating with Forced Draft Hybrid  Tower(s) with Dry Cooling
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       4
                                       1
                                       -
                                       4
                                       1
Recirculating with Induced Draft Hybrid Tower(s) with Dry Cooling
                                       -
                                       -
                                       -
                                       -
                                       -
                                       -
                                       5
                                       -
                                       -
                                       5
                                       -
Dry  Cooling
                                       -
                                       -
                                       -
                                       0
                                       0
                                       0
                                       0
                                       -
                                       0
                                       0
                                       0
Other
                                       -
                                       -
                                       -
                                       2
                                       -
                                       -
                                       -
                                       -
                                       4
                                       2
                                       4
All
                                      235
                                      167
                                      204
                                      338
                                      168
                                      80
                                      37
                                      24
                                      32
                                      181
                                      29


[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34299-34302]
[FR Doc No: 2019-15273]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0486]
RIN 1625-AA00

Safety Zone; Ohio River, Brookport, IL

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule and request for comments.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of the Ohio River in Brookport, IL. This action is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by the demolition of Lock and Dam 52 involving
explosives. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Ohio Valley
or a designated representative.

DATES: This rule is effective without actual notice from July 18, 2019
until December 1, 2019. For the purposes of enforcement, actual notice
will be used from July 15, 2019 until July 18, 2019. Comments and
related material must be received by the Coast Guard on or before
August 19, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0486 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 MST2, Dylan Caikowski, MSU Paducah, U.S. Coast Guard;
telephone<PHONE_NUMBER> ext. 2120, 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

    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 it is impracticable.
    It is impracticable to publish an NPRM because this safety zone
must be established by July 15, 2019, and we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this interim rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable. Delaying the effective date of this rule would
be contrary to the public interest because immediate action is needed
to respond to the potential safety hazards associated with the
demolition of Lock and Dam 52 involving explosives.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with
demolition of Lock and Dam 52 involving explosives will be a safety
concern for anyone on the Ohio River from mile marker (MM) 937 to MM
941. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
demolition of Lock and Dam 52 involving explosives.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone that covers all
navigable waters of the Ohio River from MM 937 to MM 941. This rule
will be enforced every day at midday from July 15, 2019 through
December 1, 2019 as necessary to facilitate safe demolition of Lock and
Dam 52. Broadcast Notices to Mariners (BNMs) will be issued six hours
prior to the start of blasting to notify the public that the safety
zone is being enforced. Vessels will be able to transit the safety zone
when explosives are not being detonated. This safety zone is intended
to protect personnel, vessels, and the marine environment in these
navigable waters during the detonation of explosives for the
demolition. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative during demolition operations involving explosives.

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 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. This safety
zone will only be enforced everyday for a short period of time and only
impact a small portion of the Ohio River. Additionally, this safety
zone will only be enforced in daytime hours during the demolition
operations of the Lock and Dam 52.

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
safety 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
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 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 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 temporary safety zone for the
demolition of Lock and Dam 52 involving explosives on the Ohio River in
Brookport, IL. It is categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.

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.

VI . Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0486 to read as follows:

Sec.  165.T08-0486  Safety Zone; Ohio River, Brookport, IL

    (a) Location. The safety zone will cover all navigable waters of
the Ohio River from mile marker (MM) 937 to MM 941.
    (b) Effective period. This section is effective without actual
notice from July 18, 2019 until December 1, 2019. For the purposes of
enforcement, actual notice will be used from July 15, 2019 until July
18, 2019.
    (b) Enforcement period. This section will be enforced every day at
midday from July 15, 2019 through December 1, 2019, as necessary to
facilitate safe demolition operations.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry of vessels or persons into the zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP) or designated representative. A designated representative
is a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
    (2) Vessels requiring entry into the safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at<PHONE_NUMBER> or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter the safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Broadcast Notices to Mariners.

    Dated: July 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-15273 Filed 7-17-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52519-52520]
[DOCID:fr26au10-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-482-000]

Columbia Gas Transmission, LLC; Prior Notice of Activity Under
Blanket Certificate

August 19, 2010.
    On August 9, 2010, Columbia Gas Transmission, LLC (Columbia) filed
with the Federal Energy Regulatory Commission (Commission) an
application under section 7 of the Natural Gas Act and Sections
157.205, 157.213(b), and 157.216(b) of the Commission's regulations,
and

Columbia's authorization in Docket No. CP83-76-000, 22 FERC ]62,029
(1983) for authority to construct, modify and abandon certain natural
gas facilities at its Benton Storage Field located in Hocking and
Vinton Counties, Ohio, as more fully detailed in the Application.
    Questions concerning this application may be directed to Fredric J.
George, Senior Counsel, Columbia Gas Transmission, LLC, P.O. Box 1273,
Charleston, West Virginia 22030-0146, by calling<PHONE_NUMBER> or faxing
304-357-3206.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to Section 7 of the NGA.
    Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such motions or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant, on or before the comment date. It is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.fere.gov. Persons unable to file electronically should submit an
original and seven 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21165 Filed 8-25-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 21, 2010 (Volume 75, Number 139)]
[Notices]
[Page 42471-42473]
[DOCID:fr21jy10-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62502; File No. SR-NYSEArca-2010-57]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of Proposed Rule Change Regarding Listing and
Trading Shares of AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF

July 15, 2010.
    On June 16, 2010, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
AdvisorShares WCM/BNY Mellon Focused Growth ADR ETF (the ``Fund'')
under NYSE Arca Equities Rule 8.600 (Managed Fund Shares). The proposed
rule change was published in the Federal Register on June 29, 2010.\3\
The Commission received no comments on the proposal. This order
approves the proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62344 (June 21,
2010), 75 FR 37498 (``Notice'').
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I. Description of the Proposal

    The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.600, which governs the listing of Managed Fund
Shares. The Shares will be offered by AdvisorShares Trust (the
``Trust''), a statutory trust organized under the laws of the State of
Delaware and registered with the Commission as an open-end management
investment company.\4\ The investment advisor to the ADR Fund is
AdvisorShares Investments, LLC (the ``Advisor''). WCM Investment
Management (``WCM'') is the sub-advisor (``Sub-Advisor'') to the ADR
Fund and the portfolio manager.\5\ The Sub-Advisor selects securities
for the Fund in which to invest pursuant to an ``active'' management
strategy for security selection and portfolio construction. The Fund's
investment objective is long-term capital appreciation above
international benchmarks such as the BNY Mellon Classic ADR Index, the
Fund's primary benchmark, and the MSCI EAFE Index, the Fund's secondary
benchmark. WCM seeks to achieve the Fund's investment objective by
selecting a portfolio of U.S. traded securities of non-U.S.
organizations included in the BNY Mellon Classic ADR Index. The BNY
Mellon Classic ADR Index predominantly includes American Depositary
Receipts (``ADRs'') and in addition includes other Depositary Receipts
(``DRs''), which include Global Depositary Receipts (``GDRs''), Euro
Depositary Receipts (``Euro DRs'') and New York Shares (``NYSs'').\6\
---------------------------------------------------------------------------

    \4\ The Trust is registered under the 1940 Act. On April 23,
2010, the Trust filed with the Commission Post-Effective Amendment
No. 5 to Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a),
and under the 1940 Act relating to the Fund (File Nos. 333-157876
and 811-22110) (the ``Registration Statement''). The Trust has also
filed an Amended Application for an Order under Section 6(c) of the
1940 Act for exemptions from various provisions of the 1940 Act and
rules thereunder (File No. 812-13677 dated May 14, 2010)
(``Exemptive Application'').
    \5\ The Exchange has represented that neither the Advisor nor
the Sub-Advisor is affiliated with a broker-dealer.
    \6\ According to the Registration Statement, DRs, which include
ADRs, GDRs, Euro DRs and NYSs, are negotiable securities that
generally represent a non-U.S. company's publicly traded equity or
debt. Depositary Receipts may be purchased in the U.S. secondary
trading market. They may trade freely, just like any other security,
either on an exchange or in the over-the-counter market. Although
typically denominated in U.S. dollars, Depositary Receipts can also
be denominated in Euros. Depositary Receipts can trade on all U.S.
stock exchanges as well as on many European stock exchanges.
---------------------------------------------------------------------------

    The Exchange states that the Shares will conform to the initial and
continued listing criteria under NYSE Arca Equities Rule 8.600
applicable to Managed Fund Shares \7\ and that the Shares will comply
with Rule 10A-3 under the Act,\8\ as provided by NYSE Arca Equities
Rule 5.3. Additionally, among other things, the composition of the
Fund's portfolio, on a continual basis, will be subject to the
following: component stocks that in the aggregate account for at least
90% of the weight of the Fund's portfolio each shall have a minimum
global market value of at least $100 million; component stocks that in
the aggregate account for at least 70% of the weight of the Fund's
portfolio each shall have a minimum global monthly trading volume of
250,000 shares, or minimum global notional volume traded per month of
$25,000,000, averaged over the last six months; a minimum of 20
component stocks of which the most heavily weighted component stock
shall not

exceed 25% of the weight of the portfolio, and the five most heavily
weighted component stocks shall not exceed 60% of the weight of the
portfolio; and each non-U.S. equity security underlying ADRs held by
the Fund will be listed and traded on an exchange that has last-sale
reporting. Additional information regarding the Trust, the Fund, the
Shares, the Fund's investment objectives, strategies, policies, and
restrictions, risks, fees and expenses, creation and redemption
procedures, portfolio holdings and policies, distributions and taxes,
availability of information, trading rules and halts, and surveillance
procedures, among other things, can be found in the Notice and
Registration Statement, as applicable.\9\
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    \7\ The Exchange states that a minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange, and the
Exchange will obtain a representation from the issuer of the Shares
that the net asset value (``NAV'') per Share will be calculated
daily and that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time. See Notice,
supra note 3.
    \8\ 17 CFR 240.10A-3.
    \9\ See supra notes 3 and 4.
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II. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \10\ and the rules and regulations thereunder applicable to a
national securities exchange.\11\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\12\
which requires, among other things, that the Exchange's rules be
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest. The Commission notes that the Shares must comply with
the requirements of NYSE Arca Equities Rule 8.600 to be listed and
traded on the Exchange.
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    \10\ 15 U.S.C. 78f.
    \11\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 17 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\13\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be available via the Consolidated Tape
Association high-speed line, and the Portfolio Indicative Value
(``PIV'') will be updated and disseminated by one or more major market
data vendors at least every 15 seconds during the Core Trading Session.
In addition, the Fund will make available on its Web site on each
business day, before the commencement of trading in Shares in the Core
Trading Session, the Disclosed Portfolio that will form the basis for
the calculation of the NAV, which will be determined at the end of the
business day.\14\ The Fund's Web site will also include additional
quantitative information updated on a daily basis relating to daily
trading volume, the prior business day's reported NAV, mid-point of the
bid/ask spread at the time of calculation of such NAV (the ``Bid/Ask
Price''),\15\ and a calculation of the premium and discount of the Bid/
Ask Price against the NAV and data in chart format displaying the
frequency distribution of discounts and premiums of the daily Bid/Ask
Price against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. Information regarding the market price and
volume of the Shares will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services, and the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
sections of newspapers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \14\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Fund
will be able to disclose at the beginning of the business day the
portfolio that will form the basis for the NAV calculation at the
end of the business day.
    \15\ The Bid/Ask Price of the Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the NAV. The records relating to Bid/
Ask Prices will be retained by the Fund and its service providers.
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    The Commission further believes that the proposal is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately and to prevent trading when
a reasonable degree of transparency cannot be assured. The Commission
notes that the Exchange will obtain a representation from the issuer
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio will be made available to all market
participants at the same time.\16\ Additionally, if it becomes aware
that the NAV or the Disclosed Portfolio is not disseminated daily to
all market participants at the same time, the Exchange will halt
trading in the Shares until such information is available to all market
participants.\17\ Further, if the PIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
disruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\18\ The Exchange
represents that neither the Advisor nor the Sub-Advisor is affiliated
with a broker-dealer. However, the Commission notes that the Reporting
Authority that provides the Disclosed Portfolio must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of each of the portfolios.\19\
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    \16\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \17\ See NYSE Arca Equities Rule 8.600(d)(2)(D).
    \18\ Id. Trading in the Shares may also be halted because of
market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. These may include: (1) The
extent to which trading is not occurring in the securities
comprising the Disclosed Portfolio and/or the financial instruments
of the Fund; or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.
    \19\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
---------------------------------------------------------------------------

    The Exchange has deemed the Shares to be equity securities subject
to the Exchange's rules governing the trading of equity securities. In
support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares in Creation Unit
aggregations and that Shares are not individually redeemable; (b) NYSE
Arca Equities Rule 9.2(a), which imposes a duty of due diligence on its
ETP Holders to learn the essential facts relating to every customer
prior to trading the Shares; (c) the risks involved in trading the
Shares during the Opening and Late Trading Sessions when an updated PIV
will not be calculated or publicly disseminated; (d) how information
regarding the PIV is disseminated; (e) the requirement that ETP Holders
deliver a prospectus to investors purchasing newly issued Shares prior
to

or concurrently with the confirmation of a transaction; and (f) trading
information.
    (4) The Funds will be in compliance with Rule 10A-3 under the Act.
    (5) The Funds will not invest in non-U.S. equity securities outside
of U.S. markets. This approval order is based on the Exchange's
representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

III. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\20\ for approving the proposal prior to the thirtieth day
after the date of publication of the Notice in the Federal Register.
The Commission notes that it has approved the listing and trading on
the Exchange of shares of other actively managed exchange-traded funds
based on a portfolio of securities, the characteristics of which are
similar to those to be invested by the Fund.\21\ The Commission also
notes that it has not received any comments regarding this proposal,
nor did it receive any comments on a previously filed proposed rule
change relating to the Fund.\22\ The Commission believes that the
proposal to list and trade the Shares of the Fund do not raise any
novel regulatory issues and accelerating approval of this proposal
should benefit investors by creating, without undue delay, additional
competition in the market for Managed Fund Shares.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).
    \21\ See, e.g., Securities Exchange Act Release Nos. 61365
(January 15, 2010), 75 FR 4124 (January 26, 2010) (SR-NYSEArca-2009-
114) (approving the listing and trading of shares of two actively
managed funds of the Grail Advisors ETF Trust) and 60975 (November
10, 2009), 74 FR 59590 (November 18, 2009) (SR-NYSEArca-2009-83)
(approving the listing and trading of shares of the Grail American
Beacon International Equity ETF).
    \22\ The Exchange previously filed a proposed rule change
relating to listing on the Exchange of the AdvisorShares WCM/BNY
Mellon Focused Growth ADR ETF in File No. SR-NYSEArca-2010-07. See
Securities Exchange Act Release No. 61642 (March 3, 2010), 75 FR
11216 (March 10, 2010). No comments were received on the proposal.
The Exchange withdrew the proposed rule change on April 9, 2010. See
Securities Exchange Act Release No. 61953 (April 21, 2010), 75 FR
22169 (April 27, 2010).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-NYSEArca-2010-57), be, and
it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

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

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

    \24\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-17749 Filed 7-20-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29001-29002]
[FR Doc No: 2018-13386]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0541]

Drawbridge Operation Regulation; Cape Fear River, North Carolina,
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the U.S. Route 76 (Cape Fear Memorial)
Bridge across the Cape Fear River, mile 26.8, in Wilmington, NC. The
deviation is necessary to facilitate routine maintenance. This
deviation allows the bridge to remain in the closed-to-navigation
position.

DATES: This deviation is effective without actual notice from June 22,
2018 through 5 p.m. on November 30, 2018. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. on June 15,
2018, until June 22, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0541] 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Mickey Sanders, Bridge
Administration Branch, Fifth District, Coast Guard; telephone (757)
398-6587, email [email protected].

SUPPLEMENTARY INFORMATION: The North Carolina Department of
Transportation, owner and operator of the U.S. Route 76 (Cape Fear
Memorial) Bridge across the Cape Fear River, mile 26.8, in Wilmington,
NC, has requested a temporary deviation from the current operating
schedule to accommodate routine maintenance.
    Under this temporary deviation, the bridge will require a four hour
advanced notice to open from 12:01 a.m. on June 15, 2018, to 5 p.m. on
November 30, 2018. The current operating schedule is set out in 33 CFR
117.822.
    The Cape Fear River is used by a variety of vessels including small
commercial vessels, recreational vessels and tug and barge traffic. The
Coast Guard has carefully considered the restrictions with waterway
users in publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there is no immediate alternate route for vessels unable to pass
through the bridge in the closed position. The Coast Guard will also
inform the users of the waterways through our Local and Broadcast
Notice to Mariners of the change in operating schedule for the bridge
so that vessel operators can arrange their transits to minimize any
impact caused by this temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of this effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: June 14, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-13386 Filed 6-21-18; 8:45 am]
BILLING CODE 9110-04-P