[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Notices]
[Pages 46530-46532]
[FR Doc No: 2018-19872]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84057; File No. SR-FICC-2018-005]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Granting Approval of Proposed Rule Change To Correct Certain
References and Provide Transparency to Existing Processes in the
Mortgage-Backed Securities Division Electronic Pool Notification Rules

September 7, 2018.
    On July 13, 2018, Fixed Income Clearing Corporation (``FICC'')
filed with the U.S. Securities and Exchange Commission (``Commission'')
proposed rule change SR-FICC-2018-005 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on July 26, 2018.\3\ The Commission did not
receive any comment letters on the proposed rule change. For the
reasons discussed below, the Commission approves the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No.83682 (July 20, 2018), 83
FR 35513 (July 26, 2018) (SR-FICC-2018-005) (``Notice'').
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I. Description of the Proposed Rule Change

    The proposed rule change would amend FICC's Mortgage-Backed
Securities Division (``MSBD'') electronic pool notification (``EPN'')
service (``EPN Service'') rules (``EPN Rules'').\4\
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    \4\ MBSD maintains two sets of rulebooks: The EPN Rules and the
MSBD rules (``MBSD Rules''). Notice, 83 FR at 35513. The EPN Rules
govern MBSD's EPN Service, while the MBSD Rules govern MBSD's
clearance and settlement service. Id. The EPN Rules are available at
http://www.dtcc.com/~/media/Files/Downloads/legal/rules/
ficc_mbsd_epnrules.pdf. The MBSD Rules are available at http://
www.dtcc.com/~/media/Files/Downloads/legal/rules/
ficc_mbsd_rules.pdf.
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A. Background

    FICC states that the EPN Service provides an automated manner for
market participants with an obligation to deliver pools of mortgages to
transmit mortgage pool information efficiently and reliably to their
counterparties in real time.\5\ Market participants that wish to use
the EPN Service (i.e., become ``EPN Users'') are required to submit an
application to MBSD.\6\ The application process and the use of the EPN
Service are governed by the EPN Rules.\7\ MBSD's clearing members
(``Clearing Members'') are required to be EPN Users; however, one can
be an EPN User and not a Clearing Member.\8\
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    \5\ Notice, 83 FR at 33513. See also ``EPN Overview,'' available
at http://www.dtcc.com/clearing-services/ficc-mbsd/epn.
    \6\ Notice, 83 FR at 33513.
    \7\ Id.
    \8\ Id.
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B. Proposed Amendments to the EPN Rules To Include an EPN User's
Ongoing Reporting Obligations

    FICC proposes to amend the EPN Rules by adding a ``General
Continuance Standards'' section. The proposed section would describe
two existing MBSD practices with respect to reporting obligations of
EPN Users.\9\ First, the proposed section would state that an EPN User
shall promptly inform FICC, both orally and in writing, if such EPN
User no longer complies with any of the EPN Rules' requirements for
admission to membership.\10\ This notification must occur within two
business days from the date on which the EPN User first learns of its
non-compliance.\11\ Second, the proposed section would state that an
EPN User shall notify FICC of certain investigations or proceedings.
Specifically, an EPN User must notify FICC within two business days
after learning (i) that the EPN User is or will become the subject of
an investigation or a proceeding, and (ii) that said investigation or
proceeding would cause the EPN User to fall out of compliance with any
of the requirements for membership set forth in the EPN Rules.\12\
However, the EPN User would not be required to provide such a
notification to FICC if doing so would cause the EPN User to violate an
applicable law, rule, or regulation.\13\
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    \9\ Notice, 83 FR at 35514.
    \10\ These membership standards are set forth in EPN Rules,
Article III, Rule 1, Sections 2-3, supra note 4.
    \11\ Notice, 83 FR at 35514.
    \12\ Id.
    \13\ Id.
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C. Proposed Changes To Amend the EPN Rules To Define Circumstances
Under Which FICC May Determine an EPN User's Compliance With EPN Rules

    The proposed ``General Continuance Standards'' section would
identify when FICC may review an EPN User's access to the EPN Service.
The proposed ``General Continuance Standards'' section also would
identify when FICC may seek written assurances from EPN Users.
    First, the proposal would identify five circumstances when FICC
would assess if an EPN User should retain access to the EPN Service:
(i) If an EPN User experiences a Reportable Event; \14\ (ii) if an EPN
User fails to maintain the requirements for admission to membership;
\15\ (iii) if an EPN User violates any EPN Rule or other agreement with
FICC; (iv) if an EPN User fails to satisfy any obligation to FICC in a
timely manner; or (v) if FICC otherwise deems it necessary or
advisable, in order to protect FICC, its other EPN Users, or its
creditors or investors, to safeguard securities and funds in the
custody or control of FICC, or to promote the prompt and accurate
processing, clearance or settlement of securities transactions.\16\
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    \14\ As part of the proposal, FICC would include ``Reportable
Event'' as a new defined term in the ``Definitions and General
Provisions'' section of the EPN Rules. ``Reportable Event'' would be
defined as ``an event that would effect a change in control of an
EPN User or could have a substantial impact on such EPN User's
business and/or financial condition, including, but not limited to:
(a) Material organizational changes including mergers, acquisitions,
changes in corporate form, name changes, changes in the ownership of
an EPN User or its affiliates, and material changes in management;
and (b) status as a defendant in litigation, which could reasonably
impact the EPN User's financial condition or ability to conduct
business.'' Id. Distinct from any other notification obligations, an
EPN User would be required to submit to FICC written notice of any
Reportable Event at least 90 calendar days prior to the effective
date of such Reportable Event unless the EPN User demonstrates that
(i) the EPN User could not have reasonably done so, and (ii) the EPN
User provided written notice and oral notice to FICC as soon as
possible. Id.
    \15\ Such requirements may include, but are not limited to,
operational testing and related reporting requirements that FICC may
imposed from time to time. Notice, 83 FR at 35514.
    \16\ Id.
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    Second, the proposed ``General Continuance Standards'' section
would state that FICC may require an EPN User to provide written
assurances to FICC.\17\ The proposal would authorize FICC to require
written assurances from an EPN User if FICC has reason to believe that
an EPN User may fail to comply with any of the EPN Rules.\18\
Specifically, FICC could require an EPN User to

provide written assurances of a credible nature that the EPN User shall
not violate any of the EPN Rules.\19\ These written assurances could
take the specific format of, but would not be limited to such specific
formats, notarized statements, affidavits, and/or officers'
certificates.\20\
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    \17\ Id.
    \18\ Id.
    \19\ FICC has discretion to request that the EPN User's written
assurance references specific timeframes and details. Id.
    \20\ Id.
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D. Proposed Clarifying Changes to the EPN Rules

    FICC also proposes clarifying corrections to the EPN Rules.
Specifically, the proposal would replace references to ``FICC'' with
``the Corporation'' in the section entitled ``FICC Mortgage-Backed
Securities Division (`MBSD') EPN Schedule of Charges.'' \21\ FICC
states that it proposes this change because ``FICC'' is not a term that
is defined in the EPN Rules.\22\ In addition, FICC proposes to replace
the reference to ``The Depository Trust Corporation'' with ``The
Depository Trust & Clearing Corporation,'' which FICC states is an
erroneous reference.\23\ Additionally, FICC states that to accommodate
the introduction of the new ``General Continuance Standards'' section,
FICC proposes to change the numbering of the existing
``Confidentiality'' provision in EPN Rule 1 (Requirements Applicable to
EPN Users) of Article III (EPN Users) from ``Sec. 8'' to ``Sec. 9.''
\24\
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    \21\ Notice, 83 FR at 35513.
    \22\ Id.
    \23\ Id.
    \24\ Notice, 83 FR at 35514.
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II. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \25\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and rules and regulations thereunder applicable
to such organization. The Commission believes the proposal is
consistent with the Act, specifically Section 17A(b)(3)(F) of the Act,
Rule 17Ad-22(e)(18) under the Act, and Rule 17Ad-22(e)(23)(i) under the
Act, as discussed below.\26\
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    \25\ 15 U.S.C. 78s(b)(2)(C).
    \26\ 15 U.S.C. 78q-1(b)(3)(F); 17 CFR 240.17Ad-22(20).
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A. Consistency With Section 17A(b)(3)(F)

    Section 17A(b)(3)(F) of the Act \27\ requires, inter alia, that the
rules of the clearing agency be designed to promote the prompt and
accurate clearance and settlement of securities transactions.
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    \27\ 15 U.S.C. 78q-1(b)(3)(F).
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    As described above, FICC proposes to make three changes to the EPN
Rules. First, FICC proposes to add ongoing reporting obligations on EPN
Users. These obligations would require an EPN User to notify FICC
within two business days after the EPN User has, or could, fail to
comply with EPN Service membership requirements. The Commission
believes that codifying an affirmative duty to notify FICC would afford
FICC a better opportunity to take timely action, once notified, to
preserve the EPN Service's functionality, as FICC deemed necessary. By
providing additional means to preserve the functionality of the EPN
Service--a critical component of MBSD's settlement of mortgage-backed
securities--the proposal is designed to promote the prompt and accurate
clearance and settlement of such securities transactions.
    Second, as described above, the proposal would identify
circumstances when FICC could reassess an EPN User's access to the EPN
Service. By including a ``Reportable Event,'' as defined by the
proposal, as one of these circumstances, the proposal would allow FICC
to review an EPN User's fitness after learning (i) of an EPN User's
significant corporate event or (ii) an EPN User becoming the subject of
an investigation or proceeding. The proposal also would allow FICC to
require an EPN User to provide written assurances that the EPN User
remains in compliance with the EPN Rules. The Commission believes that
these proposed changes would codify existing practices that help ensure
that FICC can, on its own accord, determine if an EPN User's access to
the EPN Service should be reassessed due to possible threats to the EPN
Service's functionality. By enabling FICC to better protect the EPN
Service, which is essential for MBSD's settlement of mortgage-backed
securities, the proposal is designed to promote the prompt and accurate
clearance and settlement of such securities transactions.
    Third, as described above, FICC proposes clarifying changes to the
EPN Rules. The proposed corrections to references in the ``EPN Schedule
of Charges'' and ``Requirements Applicable to EPN Users'' sections of
the EPN Rules would help clarify the EPN Rules for EPN Users.
Similarly, FICC's renumbering of the Rules to accommodate the proposed
``General Continuance Standards'' also would help maintain the clarity
of the EPN Rules for EPN Users. By proposing changes to the EPN Rules
to improve clarity, the Commission believes that the proposed changes
are designed to help EPN Users better understand and remain compliant
with the EPN Rules; thus promoting the prompt and accurate clearance
and settlement of securities transactions.
    As each of the aforementioned changes is designed to promote the
prompt and accurate clearance and settlement of securities
transactions, the Commission finds that the proposal is consistent with
the requirements of Section 17A(b)(3)(F).

B. Consistency With Rule 17Ad-22(e)(18)

    Rule 17Ad-22(e)(18) under the Act requires, inter alia, a covered
clearing agency \28\ to establish, implement, maintain and enforce
written policies and procedures reasonably designed to monitor
compliance with participation requirements on an ongoing basis.\29\
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    \28\ A ``covered clearing agency'' means, among other things, a
clearing agency registered with the Commission under Section 17A of
the Exchange Act (15 U.S.C. 78q-1 et seq.) that is designated
systemically important by the Financial Stability Oversight Counsel
(``FSOC'') pursuant to the Payment, Clearing, and Settlement
Supervision Act of 2010 (12 U.S.C. 5461 et seq.). See 17 CFR
240.17Ad-22(a)(5)-(6). On July 18, 2012, FSOC designated FICC as
systemically important. U.S. Department of the Treasury, ``FSOC
Makes First Designations in Effort to Protect Against Future
Financial Crises,'' available at https://www.treasury.gov/press-center/press-releases/Pages/tg1645.asp. Therefore, FICC is a covered
clearing agency.
    \29\ 17 CFR 240.17Ad-22(e)(18).
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    As described above, FICC proposes to amend the EPN Rules to (1)
include an EPN User's ongoing reporting obligations, and (2) define
circumstances under which FICC may determine an EPN User's compliance
with the EPN Rules. The Commission believes that these changes would
help ensure that FICC is promptly made aware of the potential need to
reassess an EPN User's access to the EPN Service due to the EPN User's
possible violation of the EPN Rules. As such, the proposed changes are
designed to give FICC the ability to timely monitor an EPN User's
compliance with the EPN Rules. Therefore, the Commission finds that
proposed changes are consistent with Rule 17Ad-22(e)(18).

C. Consistency With Rule 17Ad-22(e)(23)

    Rule 17Ad-22(e)(23) under the Act requires, inter alia, a covered
clearing agency to establish, implement, maintain and enforce written
policies and procedures reasonably designed to provide for publicly
disclosing all

relevant rules and material procedures.\30\
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    \30\ 17 CFR 240.17Ad-22(e)(23)(i).
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    As described above, the proposed rule changes would amend the EPN
Rules to reflect existing FICC practices. Specifically, the proposed
changes would (1) include an EPN User's ongoing reporting obligations,
(2) define circumstances under which FICC may determine an EPN User's
compliance with the EPN Rules, and (3) make corrections to the EPN
Rules for clarity. As such, the Commission believes these proposed
changes to codify and correct FICC's existing practices in the EPN
Rules would assist in publicly disclosing all relevant and material
procedures regarding the EPN Service.
    Therefore, the Commission finds that the proposal is designed to
provide for publicly disclosing all relevant rules and material
procedures, consistent Rule 17Ad-22(e)(23)(i) under the Act.

III. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act, in particular
the requirements of Section 17A of the Act \31\ and the rules and
regulations thereunder.
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    \31\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that proposed rule change SR-FICC-2018-005 be, and hereby is,
approved.\32\
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    \32\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-19872 Filed 9-12-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: November 3, 2005 (Volume 70, Number 212)]
[Notices]
[Page 66869-66870]
[DOCID:fr03no05-89]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52690; File No. SR-Amex-2005-067]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change To Expand Its $2.50 Strike
Price Program

October 27, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 17, 2005, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Amex. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .06 to Amex Rule 903 to
expand the $2.50 Strike Price Program (``2.50 Strike Program'') for
individual equity options to allow the listing of 2.50 point strike
prices between $50 and $75. Below is the text of the proposed rule
change. Proposed new language is in italics; proposed deletions are in
[brackets].
* * * * *

Rule 903. Series of Options Open for Trading

    (a) through (d). No Change.
Commentary * * *
    .01 through .05 No Change.
    .06 (a) $2.50 Strike Price Program. Pursuant to a program initially
approved by the SEC in 1995, [The options exchanges] the Exchange may
select up to [200] 51 options classes on individual stocks for which
the interval of strike prices will be $2.50 where the strike price is
greater than $25 but less than $50. [The 200 options classes are
selected by the various options exchanges pursuant to any agreement
mutually agreed to by the individual exchanges and approved by the
Commission.] In addition to those options selected by the Exchange, the
strike price interval may be $2.50 in any multiply-traded option once
another exchange trading that option selects such option, as part of
this program. [The Exchange and any of the other options exchanges may
also list strike prices of $2.50 on any option class that was selected
by the NYSE pursuant to this program.]
    (b) In addition, on any option class that has been selected as part
of the $2.50 Strike Price Program pursuant to paragraph (a) above, the
Exchange may list $2.50 strike prices between $50 and $75, provided the
$2.50 strike prices between $50 and $75 are no more than $10 from the
closing price of the underlying stock in its primary market on the
preceding day. For example, if an option class has been selected as
part of the $2.50 Strike Price Program, and the underlying stock closes
at $48.50 in its primary market, the Exchange may list the $52.50
strike price and the $57.50 strike price on the next business day. If
an underlying security closes at $54, the Exchange may list the $52.50
strike price, the $57.50 strike price and the $62.50 strike price on
the next business day.
    (c) An option class shall remain in the $2.50 Strike Price Program
until otherwise designated by the Exchange and a decertification notice
is sent to the Options Clearing Corporation.

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 Amex included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it had received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Amex has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposal is to expand the current 2.50 Strike
Program for individual equity options to permit the listing of 2.50
point strike prices between $50 and $75, provided the 2.50 point strike
prices are no more than $10 from the closing price of the underlying
stock in its primary market \3\ on the preceding day. In addition, the
proposed rule change clarifies that an option class will remain in the
2.50 Strike Program until the Exchange otherwise designates and sends a
decertification notice to the Options Clearing Corporation.
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    \3\ The term ``primary market'' is defined in Amex Rule
900(b)(26) to mean (a) in respect of an underlying security that is
principally traded on a national securities exchange, the principal
exchange market in which the underlying security is traded; and (b)
in respect of an underlying security which is principally traded in
the over-the-counter market, in the case of equity securities, the
market reflected by Nasdaq, and in the case of all other securities,
the market reflected by any widely recognized quotation
dissemination system or service.
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    The current 2.50 Strike Program is set forth in Commentary .06 to
Amex Rule 903. The 2.50 Strike Program permits the Exchange to list
2.50 point strike prices for selected options trading at strike prices
greater than $25 but less than $50, excluding LEAPS. Initially adopted
in 1995 as a pilot program, the options exchanges at that time were
permitted to list 2.50 point strike prices up to $50 on a total of up
to 100 option classes.\4\ In 1998, the pilot was permanently approved
and expanded to allow the options exchanges to select up to 200 option
classes for 2.50 point strike prices up to $50.\5\ Of the current 200
options classes eligible for the 2.50 Strike Program, 51 have been
allocated to the Amex. In addition, each options exchange is permitted
to list 2.50 point strike prices on any option class that another
options exchange selects under the 2.50 Strike Program.
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    \4\ See Securities Exchange Act Release No. 35993 (July 15,
1995), 60 FR 35993 (July 19, 1995).
    \5\ See Securities Exchange Act Release No. 41662 (November 12,
1998), 63 FR 64297 (November 19, 1998).
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    The Exchange believes that the 2.50 Strike Program has created
additional trading opportunities for customers benefiting the
marketplace. The existence of 2.50 point strike prices affords
customers the ability to more closely tailor investment strategies to
the precise movement of the underlying security. Accordingly, the Amex
believes that the proposal to expand the 2.50 Strike Program for 2.50
point strike prices between $50 and $75 should further benefit
customers and the market by providing greater trading opportunities for
those underlying stocks that have low volatility and thus trade in a
narrow range.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5),\7\ in particular, in that it is designed
to promote just and equitable principles of trade, remove impediments
to and perfect the mechanisms of a free and open market and a national
market system, and, in general, protect investors and the public
interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Amex does not believe that the proposed rule change would
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the Amex consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-067 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.

All submissions should refer to File Number SR-Amex-2005-067. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of the Amex. 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 publicly available. All
submissions should refer to File Number SR-Amex-2005-067 and should be
submitted on or before November 25, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-6093 Filed 11-2-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Proposed Rules]
[Pages 51763-51766]
[FR Doc No: 2023-16665]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0597]
RIN 1625-AA08

Special Local Regulations; Recurring Marine Events, Sector St.
Petersburg

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise existing regulations by
updating the duration of an existing event in the Seventh Coast Guard
District Captain of the Port (COTP) St. Petersburg Zone. This action is
necessary to provide for the safety of life on these navigable waters
in Clearwater, FL, during the Clearwater Offshore Nationals/Race World
Offshore event. The Coast Guard invites your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0597 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Mara J. Brown, Sector St. Petersburg Prevention Department, Coast
Guard; telephone<PHONE_NUMBER> (ext. 8151), email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to revise the Recurring Marine Events in
the geographic boundaries of the Seventh Coast Guard District Captain
of the Port (COTP) St. Petersburg Zone that are listed in 33 CFR
100.703, Table 1 to Sec.  100.703. The proposed change is to Line No. 6
located under Date/time, existing as ``One Sunday in September; Time
(Approximate): 11:30 a.m. to 4 p.m.'' The event sponsor has changed the
duration of the event to a two-day event; revising the Date/time as
``One weekend (Saturday and Sunday) in September; Time (Approximate): 8
a.m. to 4 p.m.''
    The Coast Guard proposes this rulemaking under authority in 46
U.S.C. 70041.

III. Discussion of Proposed Rule

    This rule proposes to make the following changes in 33 CFR 100.703:
    1. Revise Table 1 to Sec.  100.703, Line No. 6, to reflect a date
and time change.
    Marine events listed in Table 1 to Sec.  100.703 are listed as
recurring over a particular time, during each month and each year.
Exact dates are intentionally omitted since calendar dates for specific

events change from year to year. Once dates for a marine event are
known, the Coast Guard notifies the public it intends to enforce the
special local regulation through various means including a notice of
enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community by Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter the
regulated area.

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
proposed 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
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves revising
an existing recurring event to reflect a date and time change for the
event. Normally such actions are categorically excluded from further
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised
special local regulation related to a marine event permit for marine
parades, regattas, and other marine events. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.

V. 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 https://www.regulations.gov. If your material cannot be
submitted using https://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 100

    Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec.  100.703, revise Table 1 to read as follows:

                          Table 1 to Sec.   100.703--Special Local Regulations; Recurring Marine Events, Sector St. Petersburg
                                                                    [Datum NAD 1983]
--------------------------------------------------------------------------------------------------------------------------------------------------------
            Date/time                Event/sponsor                           Location                                       Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. One Saturday in January. Time  Gasparilla          Tampa, Florida.......................................  Location: A regulated area is established
 (Approximate): 11:30 a.m. to 2    Invasion and                                                               consisting of the following waters of
 p.m.                              Parade/Ye Mystic                                                           Hillsborough Bay and its tributaries north
                                   Krewe of                                                                   of 27[deg]51'18'' N and south of the John
                                   Gasparilla.                                                                F. Kennedy Bridge: Hillsborough Cut ``D''
                                                                                Channel, Seddon Channel, Sparkman Channel
                                                                                and the Hillsborough River south of the
                                                                                John F. Kennedy Bridge.
                                                                                Additional Regulation: (1) Entrance into
                                                                                the regulated area is prohibited to all
                                                                                commercial marine traffic from 9 a.m. to 6
                                                                                p.m. EST on the day of the event.
                                                                                (2) The regulated area will include a 100
                                                                                yard Safety Zone around the vessel JOSE
                                                                                GASPAR while docked at the Tampa Yacht
                                                                                Club until 6 p.m. EST on the day of the
                                                                                event.
                                                                                (3) The regulated area is a ``no wake''
                                                                                zone.
                                                                                (4) All vessels within the regulated area
                                                                                shall stay 50 feet away from and give way
                                                                                to all officially entered vessels in
                                                                                parade formation in the Gasparilla Marine
                                                                                Parade.
                                                                                (5) When within the marked channels of the
                                                                                parade route, vessels participating in the
                                                                                Gasparilla Marine Parade may not exceed
                                                                                the minimum speed necessary to maintain
                                                                                steerage.
                                                                                (6) Jet skis and vessels without mechanical
                                                                                propulsion are prohibited from the parade
                                                                                route.
                                                                                (7) Vessels less than 10 feet in length are
                                                                                prohibited from the parade route unless
                                                                                capable of safely participating.
                                                                                (8) Vessels found to be unsafe to
                                                                                participate at the discretion of a present
                                                                                Law Enforcement Officer are prohibited
                                                                                from the parade route.
                                                                                (9) Northbound vessels in excess of 65 feet
                                                                                in length without mooring arrangement made
                                                                                prior to the date of the event are
                                                                                prohibited from entering Seddon Channel
                                                                                unless the vessel is officially entered in
                                                                                the Gasparilla Marine Parade.
                                                                                (10) Vessels not officially entered in the
                                                                                Gasparilla Marine Parade may not enter the
                                                                                parade staging area box within the
                                                                                following coordinates: 27[deg]53'53'' N,
                                                                                082[deg]27'47'' W; 27[deg]53'22'' N,
                                                                                082[deg]27'10'' W; 27[deg]52'36'' N,
                                                                                082[deg]27'55'' W; 27[deg]53'02'' N,
                                                                                082[deg]28'31'' W.
2. One Saturday in February.      Bradenton Area      Bradenton, FL........................................  Location(s) Enforcement Area #1. All waters
 Time (Approximate): 9 a.m. to 9   River Regatta/                                                             of the Manatee River between the Green
 p.m.                              City of Bradenton.                                                         Bridge and the CSX Train Trestle contained
                                                                                within the following points:
                                                                                27[deg]30'43'' N, 082[deg]34'20'' W,
                                                                                thence to position 27[deg]30'44'' N,
                                                                                082[deg]34'09'' W, thence to position
                                                                                27[deg]30'00'' N, 082[deg]34'04'' W,
                                                                                thence to position 27[deg]29'58'' N,
                                                                                082[deg]34'15'' W, thence back to the
                                                                                original position, 27[deg]30'43'' N,
                                                                                082[deg]34'20'' W.
                                                                                Enforcement Area #2. All waters of the
                                                                                Manatee River contained within the
                                                                                following points: 27[deg]30'35'' N,
                                                                                082[deg]34'37'' W, thence to position
                                                                                27[deg]30'35'' N, 082[deg]34'26'' W,
                                                                                thence to position 27[deg]30'26'' N,
                                                                                082[deg]34'26'' W, thence to position
                                                                                27[deg]30'26'' N, 082[deg]34'37'' W,
                                                                                thence back to the original position,
                                                                                27[deg]30'35'' N, 082[deg]34'37'' W.
3. One weekend (Friday,           Gulfport Grand      Gulfport, FL.........................................  Location(s): (1) Race Area. All waters of
 Saturday, and Sunday) in March.   Prix/Gulfport                                                              Boca de Ciego contained within the
 Time (Approximate): 8 a.m. to 5   Grand Prix LLC.                                                            following points: 27[deg]44'10'' N,
 p.m.                                                                                082[deg]42'29'' W, thence to position
                                                                                27[deg]44'07'' N, 082[deg]42'40'' W,
                                                                                thence to position 27[deg]44'06'' N,
                                                                                082[deg]42'40'' W, thence to position
                                                                                27[deg]44'04'' N, 082[deg]42'29'' W,
                                                                                thence to position 27[deg]44'07'' N,
                                                                                082[deg]42'19'' W, thence to position
                                                                                27[deg]44'08'' N, 082[deg]42'19'' W,
                                                                                thence back to the original position,
                                                                                27[deg]44'10'' N, 082[deg]42'29'' W.
                                                                                (2) Buffer Zone. All waters of Boca de
                                                                                Ciego encompassed within the following
                                                                                points: 27[deg]44'10'' N, 082[deg]42'47''
                                                                                W, thence to position 27[deg]44'01'' N,
                                                                                082[deg]42'44'' W, thence to position
                                                                                27[deg]44'01'' N, 082[deg]42'14'' W,
                                                                                thence to position 27[deg]44'15'' N,
                                                                                082[deg]42'14'' W.

4. One weekend (Saturday and      Sarasota Powerboat  Sarasota, FL.........................................  Location: All waters of the Gulf of Mexico
 Sunday) in July. Time             Grand Prix/                                                                contained within the following points:
 (Approximate): 8 a.m. to 5 p.m.   Powerboat P-1                                                              27[deg]18'44'' N, 082[deg]36'14'' W,
                                   USA, LLC.                                                                  thence to position 27[deg]19'09'' N,
                                                                                082[deg]35'13'' W, thence to position
                                                                                27[deg]17'42'' N, 082[deg]34'00'' W,
                                                                                thence to position 27[deg]16'43'' N,
                                                                                082[deg]34'49'' W, thence back to the
                                                                                original position, 27[deg]18'44'' N,
                                                                                082[deg]36'14'' W
5. One weekend (Saturday and      St. Petersburg P-1  St. Petersburg, FL...................................  Location: All waters of the Tampa Bay
 Sunday) in September. Time        Powerboat Grand                                                            encompassed within the following points:
 (Approximate): 8 a.m. to 4 p.m.   Prix.                                                                      27[deg]46'56.22'' N, 082[deg]36'55.50'' W,
                                                                                thence to position 27[deg]47'08.82'' N,
                                                                                082[deg]34'33.24'' W, thence to position
                                                                                27[deg]46'06.96'' N, 082[deg]34'29.04'' W,
                                                                                thence to position 27[deg]45'59.22'' N,
                                                                                082[deg]37'02.88'' W, thence back to the
                                                                                original position 27[deg]46'24.24'' N,
                                                                                082[deg]37'30.24'' W.
6. One weekend (Saturday and      Clearwater          Clearwater, FL.......................................  Locations: (1) Race Area. All waters of the
 Sunday) in September. Time        Offshore                                                                   Gulf of Mexico contained within the
 (Approximate): 8 a.m. to 4 p.m.   Nationals/Race                                                             following points: 27[deg]58'34'' N,
                                   World Offshore.                                                            82[deg]50'09'' W, thence to position
                                                                                27[deg]58'32'' N, 82[deg]50'02'' W, thence
                                                                                to position 28[deg]00'12'' N,
                                                                                82[deg]50'10'' W, thence to position
                                                                                28[deg]00'13'' N, 82[deg]50'10'' W, thence
                                                                                back to the original position,
                                                                                27[deg]58'34'' N, 82[deg]50'09'' W.
                                                                                (2) Spectator Area. All waters of Gulf of
                                                                                Mexico seaward no less than 150 yards from
                                                                                the race area and as agreed upon by the
                                                                                Coast Guard and race officials.
                                                                                (3) Enforcement Area. All waters of the
                                                                                Gulf of Mexico encompassed within the
                                                                                following points: 28[deg]58'40'' N,
                                                                                82[deg]50'37'' W, thence to position
                                                                                28[deg]00'57'' N, 82[deg]49'45'' W, thence
                                                                                to position 27[deg]58'32'' N,
                                                                                82[deg]50'32'' W, thence to position
                                                                                27[deg]58'23'' N, 82[deg]49'53'' W, thence
                                                                                back to position 28[deg]58'40'' N,
                                                                                82[deg]50'37'' W.
7. One Thursday, Friday, and      Roar Offshore/OPA   Fort Myers Beach, FL.................................  Locations: All waters of the Gulf of Mexico
 Saturday in October. Time         Racing LLC.                                                                west of Fort Myers Beach contained within
 (Approximate): 10 a.m. to 5 p.m.                                                                             the following points: 26[deg]26'27'' N,
                                                                                081[deg]55'55'' W, thence to position
                                                                                26[deg]25'33'' N, longitude
                                                                                081[deg]56'34'' W, thence to position
                                                                                26[deg]26'38'' N, 081[deg]58'40'' W,
                                                                                thence to position 26[deg]27'25'' N,
                                                                                081[deg]58'8'' W, thence back to the
                                                                                original position 26[deg]26'27'' N,
                                                                                081[deg]55'55'' W.
8. One weekend (Friday,           OPA World           Englewood Beach, FL..................................  Locations: (1) Race Area. All waters of the
 Saturday, and Sunday) in          Championships/                                                             Gulf of Mexico contained within the
 November. Time (Approximate): 8   Englewood Beach                                                            following points: 26[deg]56'00'' N,
 a.m. to 6 p.m.                    Waterfest.                                                                 082[deg]22'11'' W, thence to position
                                                                                26[deg]55'59'' N, 082[deg]22'16'' W,
                                                                                thence to position 26[deg]54'22'' N,
                                                                                082[deg]21'20'' W, thence to position
                                                                                26[deg]54'24'' N, 082[deg]21'16'' W,
                                                                                thence to position 26[deg]54'25'' N,
                                                                                082[deg]21'17'' W, thence back to the
                                                                                original position, 26[deg]56'00'' N,
                                                                                082[deg]21'11'' W.
                                                                                (2) Spectator Area. All waters of the Gulf
                                                                                of Mexico contained with the following
                                                                                points: 26[deg]55'33'' N, 082[deg]22'21''
                                                                                W, thence to position 26[deg]54'14'' N,
                                                                                082[deg]21'35'' W, thence to position
                                                                                26[deg]54'11'' N, 082[deg]21'40'' W,
                                                                                thence to position 26[deg]55'31'' N,
                                                                                082[deg]22'26'' W , thence back to
                                                                                position 26[deg]55'33'' N, 082[deg]22'21''
                                                                                W.
                                                                                (3) Enforcement Area. All waters of the
                                                                                Gulf of Mexico encompassed within the
                                                                                following points: 26[deg]56'09'' N,
                                                                                082[deg]22'12'' W, thence to position
                                                                                26[deg]54'13'' N, 082[deg]21'03'' W,
                                                                                thence to position 26[deg]53'58'' N,
                                                                                082[deg]21'43'' W, thence to position
                                                                                26[deg]55'56'' N, 082[deg]22'48'' W,
                                                                                thence back to position 26[deg]56'09'' N,
                                                                                082[deg]22'12'' W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 26, 2023.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2023-16665 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 46979]
[DOCID:fr22au07-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-567-000]

Crossroads Pipeline Company; Notice of Tariff Filing

August 15, 2007.
    Take notice that on August 10, 2007, Crossroads Pipeline Company
(Crossroads) tendered for filing as part of its FERC Gas Tariff, First
Revised Volume No. 1, the tariff sheets listed on Appendix A to the
filing, effective date of September 10, 2007.
    Crossroads states that it is making this filing to, among other
things, incorporate the policies stated in the Commission's June 16,
2005, Policy Statement On Creditworthiness Issues For Interstate
Natural Gas Pipelines And Order Withdrawing Rulemaking Proceeding in
Docket Nos. PL05-8-000 and RM04-4-000.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 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. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not 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.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 online 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. E7-16517 Filed 8-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34376-34377]
[FR Doc No: 2012-14055]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC12-106-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits application
requesting authorization for the acquisition of Southern California
Edison Company's ownership interests in Units 4 and 5 etc.
    Filed Date: 5/31/12.
    Accession Number: 20120601-0201.
    Comments Due: 5 p.m. ET 6/21/12.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-71-000.
    Applicants: Patton Wind Farm, LLC.
    Description: Notice of Self-Certification of Patton Wind Farm, LLC
as an Exempt Wholesale Generator.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5279.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: EG12-72-000.
    Applicants: Big Savage, LLC.
    Description: Notice of Self-Certification of Big Savage, LLC as an
Exempt Wholesale Generator.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5280.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: EG12-73-000.
    Applicants: Pacific Wind Lessee, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Pacific Wind Lessee, LLC under EG12-73.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5351.
    Comments Due: 5 p.m. ET 6/22/12.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-1457-001.
    Applicants: Southern California Edison Company.
    Description: Amendment to GIA and DSA for San Gorgonio Farms Wind
Farm Proj to be effective 3/23/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5310.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1566-001.
    Applicants: Copper Mountain Solar 2, LLC.
    Description: Copper Mountain Solar 2, LLC MBR Tariff Revision to be
effective 6/18/2012.
    Filed Date: 5/30/12.
    Accession Number: 20120530-5263.
    Comments Due: 5 p.m. ET 6/20/12.

    Docket Numbers: ER12-1792-001.
    Applicants: Community Energy, Inc.
    Description: Amendment to MBR Application to be effective 7/14/
2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5311.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1919-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Queue No. W2-049; Original Service Agreement No.
3323 to be effective 5/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5319.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1920-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits the payment/receipts
among the Entergy Operating Companies to implement the decision of the
Commission.
    Filed Date: 5/31/12.
    Accession Number: 20120601-0203.
    Comments Due: 5 p.m. ET 6/21/12.

    Docket Numbers: ER12-1921-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3317; Queue No. W3-110
to be effective 5/22/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5259.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1922-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agmt Palm Springs
Municipal Complex Cogeneration to be effective 6/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5260.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1923-000.
    Applicants: Big Savage, LLC.
    Description: Market-Based Rate Application to be effective 8/1/
2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5267.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1924-000.
    Applicants: EverPower Commercial Services LLC.
    Description: Market-Based Rate Application to be effective 8/1/
2012.
    Filed Date: 6/1/12.

    Accession Number: 20120601-5268.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1925-000.
    Applicants: Patton Wind Farm, LLC.
    Description: Market-Based Rate Application to be effective 8/1/
2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5270.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1926-000.
    Applicants: Independence Electricity.
    Description: Baseline MBR Application to be effective 6/30/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5291.

    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1927-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3321; Queue No. W3-120
to be effective 5/9/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5292.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1928-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: G551 Amended GIA to be effective 6/2/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5294.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1929-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Revisions to the PJM Tariff re Marginal Losses to be
effective 8/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5298.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1930-000.
    Applicants: PacifiCorp.
    Description: Moon Lake Revised Wheeling Agreement to be effective
8/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5300.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1931-000.
    Applicants: Pacific Wind Lessee, LLC.
    Description: Pacific Wind Lessee Baseline MBR Application Filing to
be effective 6/25/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5302.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1932-000.
    Applicants: Franklin County Wind, LLC.
    Description: FCW Market-Based Rate Tariff to be effective 8/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5303.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1933-000.
    Applicants: Interstate Power and Light Company.
    Description: IPL Market-Based Rate Tariff to be effective 8/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5304.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1934-000.
    Applicants: Wisconsin Power and Light Company.
    Description: WPL Market-Based Rate Tariff to be effective 8/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5305.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1935-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement with Lake Shore
Mojave, LLC to be effective 6/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5308.
    Comments Due: 5 p.m. ET 6/22/12.

    Docket Numbers: ER12-1936-000.
    Applicants: Southern California Edison Company.
    Description: GIA and Distribution Service Agreement with US Borax
Inc. to be effective 6/1/2012.
    Filed Date: 6/1/12.
    Accession Number: 20120601-5312.
    Comments Due: 5 p.m. ET 6/22/12.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 4, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-14055 Filed 6-8-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60953-60954]
[FR Doc No: 2018-25848]

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 DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0320]

Qualification of Drivers; Exemption Application; Narcolepsy

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

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

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SUMMARY: FMCSA announces receipt of an application from Mr. Terry L.
Curtner for an exemption from the prohibition in the Federal Motor
Carrier Safety Regulations (FMCSRs) against operation of a commercial
motor vehicle (CMV) in interstate commerce by persons with either a
clinical diagnosis of epilepsy or any other condition that is likely to
cause a loss of consciousness or any loss of ability to control a CMV,
or a mental, nervous, organic, or functional disease or psychiatric
disorder likely to interfere with his/her ability to drive a CMV
safely. If granted, the exemption would enable Mr. Curtner who has been
diagnosed with narcolepsy and is receiving medical treatment to operate
CMVs in interstate commerce.

DATES: Comments must be received on or before December 27, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0320 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public-Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-
224,Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5
p.m., ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2018-0320), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0320, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2018-0320, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The individual listed in this notice has requested an exemption
from 49 CFR 391.41(b)(8) and (9). Accordingly, the Agency will evaluate
the qualifications of the applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
    The physical qualification standard for drivers found in 49 CFR
391.41(b)(8) states that a person is physically qualified to drive a
CMV if that person has no established medical history or clinical
diagnosis of epilepsy or any other condition which is likely to cause
loss of consciousness or any loss of ability to control a commercial
motor vehicle.
    The physical qualification standard for drivers found in 49 CFR
391.41(b)(9) states that a person is physically qualified to drive a
CMV if that person has no mental, nervous, organic, or functional
disease or psychiatric disorder likely to interfere with his/her
ability to drive a commercial motor vehicle safely.
    In addition to the regulations, FMCSA has published advisory
criteria\1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
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    \1\ See http://www.ecfr.gov/cgi-bin/text-idx?SID=e47b48a9ea42dd67d999246e23d97970&mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_171.a and https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The advisory criteria states that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause that did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the Medical Examiner in consultation with the
treating physician. The advisory criteria also states that a variety of
functional disorders can cause drowsiness, dizziness, confusion,
weakness or paralysis that may lead to incoordination, inattention,
loss of functional control and susceptibility to accidents while
driving.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.

III. Qualifications of Applicants

Terry L. Curtner

    Mr. Curtner, is a commercial driver in Illinois. A letter dated
August 10, 2018, from Mr. Curtner's neurologist reports that at his
last July 31, 2018, follow-up evaluation, he was stable on a moderate
daily dose of Nuvigil, and has not had any narcoleptic attacks or
cataplexy in over 20 years.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the dates
section of the notice.

    Issued on: November 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25848 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P