[Federal Register: May 22, 2007 (Volume 72, Number 98)]
[Notices]
[Page 28739-28741]
[DOCID:fr22my07-120]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55761; File No. SR-NASDAQ-2007-045]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change and Amendment No. 1 Thereto To Trade the United States Oil
Fund, LP Pursuant to Unlisted Trading Privileges

May 15, 2007.
    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 April 30, 2007, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On May 1, 2007, Nasdaq submitted Amendment No. 1 to the proposed rule
change. This order provides notice of the proposed rule change as
modified by Amendment No. 1 and approves the proposed rule change as
amended on an accelerated basis.
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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

    Nasdaq proposes to trade, pursuant to unlisted trading privileged
(``UTP''), units (``Units'') of the United States Oil Fund, LP
(``USOF'' or ``Partnership''). The text of the proposed rule change is
available at Nasdaq, the Commission's Public Reference Room, and http://nasdaq.complinet.com
.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below. The Exchange 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
    Nasdaq proposes to trade pursuant to UTP the Units, which represent
ownership of a fractional undivided interest in the net assets of
USOF.\3\ The Units are currently trading on Nasdaq on a three-month
pilot basis.\4\ Approval of this filing will allow the Units to
continue to trade after the expiration of the pilot. The investment
objective of USOF is for its net asset value (``NAV'') \5\ to reflect
the performance of the spot price of West Texas Intermediate light,
sweet crude oil delivered to Cushing, Oklahoma (the ``WTI light, sweet
crude oil''), as represented by the performance of the price of the
``Benchmark Oil Futures Contract,'' less the expense of operation of
USOF. The ``Benchmark Oil Futures Contract'' is the near-month (i.e.,
spot month) futures contract for delivery of WTI light, sweet crude oil
traded on the New York Mercantile Exchange (``NYMEX'').\6\ The
Commission previously approved the original listing and trading of the
Units by the American Stock Exchange LLC (``Amex'').\7\
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    \3\ USOF, a Delaware limited partnership, is a commodity pool.
USOF is not an investment company as defined in Section 3(a) of the
Investment Company Act of 1940. The offering of the Units of the
Partnership is registered with the Commission under the Securities
Act of 1933.
    \4\ See Securities Exchange Act Release No. 55386 (March 2,
2007), 72 FR 10801 (March 9, 2007) (SR-NASDAQ-2007-016).
    \5\ NAV is the total assets, less total liabilities, of USOF
determined on the basis of generally accepted accounting principles.
NAV per Unit is the NAV of USOF divided by the number of outstanding
Units.
    \6\ USOF will primarily purchase WTI light, sweet crude Oil
Futures Contracts traded on the NYMEX, but may also purchase Oil
Futures Contracts on other exchanges, including the Intercontinental
Exchange, which operates its futures business through ICE Futures
(``ICE Futures'') and the Singapore Oil Exchange.
    \7\ See Securities Exchange Act Release No. 53582 (March 31,
2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-127) (``Amex
Order'').
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    Issuances of the Units of USOF are made only in baskets of 100,000
Units or multiples thereof (``Basket''). A basket would be issued in
exchange for Treasuries and/or cash in an amount equal to the NAV per
Unit times 100,000 Units (``Basket Amount''). An Authorized Purchaser
\8\ that wishes to purchase a Basket must transfer the Basket Amount to
the Administrator (``Deposit Amount''). An Authorized Purchaser that
wishes to redeem a Basket would receive an amount of Treasuries and
cash in exchange for each Basket surrendered in an amount equal to the
NAV per Basket (``Redemption Amount'').
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    \8\ An ``Authorized Purchaser'' is a person who, at the time of
submitting to the general partner of USOF an order to create or
redeem one or more Baskets, (i) is a registered broker-dealer or
other market participant, such as a bank or other financial
institution that is exempt from broker-dealer registration; (ii) is
a Depository Trust Company Participant; and (iii) has in effect a
valid Authorized Purchaser Agreement.
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    On each business day, the administrator for USOF makes available,
prior to 9:30 a.m. Eastern Time (``ET''), the estimated Basket Amount
for the creation of a Basket based on the prior day's NAV. According to
the Amex Order, Amex disseminates at least every 15 seconds from 9:30
a.m. to 4:15 p.m., via the facilities of the Consolidated Tape
Association (``CTA''), an amount representing, on a per-Unit basis, the
current indicative value of the Basket Amount (``Indicative Partnership
Value'').\9\ Shortly after 4 p.m. ET, the administrator determines the
NAV for USOF as described below. At or about 4 p.m. ET on each business
day, the administrator determines the Actual Basket Amount for orders
placed by Authorized Purchasers received before 12 p.m. ET that day.
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    \9\ The Indicative Partnership Value is calculated based on the
Treasuries and cash required for creations and redemptions (i.e.,
NAV per Unit x 100,000) adjusted to reflect the price changes of the
current Benchmark Oil Futures Contract.
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    Quotations for and last-sale information regarding USOF is
disseminated through the Consolidated Quotation System. The daily
settlement prices for the NYMEX-traded oil futures contracts held by
USOF are publicly available on the NYMEX Web site at http://www.nymex.com Nasdaq's Web site at http://www.nasdaq.com. will include

a hyperlink to the NYMEX Web site for the purpose of disclosing futures
contract pricing. According to the Amex Order, last-sale information
for the Benchmark Oil Futures Contract is updated and disseminated at
least every 15 seconds by one or more major market data vendors during
the time the Units trade. However, from 2:30 p.m. ET to the opening of
NYMEX ACCESS at 3:15 p.m. ET, the pricing for the Benchmark Oil Futures
Contract is not updated.

    The Web site for USOF (http://www.unitedstatesoilfund.com), which

is publicly accessible at no charge and to which Nasdaq will provide a
hyperlink on its Web site (http://www.nasdaq.com), will include the

following information: (1) The prior business day's NAV and the
reported closing price; (2) the mid-point of the bid-ask price in
relation to the NAV as of the time the NAV is calculated (``Bid-Ask
Price''); (3) calculation of the premium or discount of such price
against such NAV; (4) data in chart form displaying the frequency
distribution of discounts and premiums of the Bid-Ask Price against the
NAV, within appropriate ranges for each of the four previous calendar
quarters; (5) the prospectus and the most recent periodic reports filed
with the Commission or required by the Commodity Futures Trading
Commission; (6) USOF's daily portfolio holdings; and (7) other
applicable quantitative information. In addition, according to the Amex
Order, Amex disseminates for USOF on a daily basis by means of CTA/CQ
High Speed Lines information with respect to the Indicative Partnership
Value, recent NAV, Units outstanding, the estimated Basket Amount, and
the Deposit Amount.
    Nasdaq would halt trading in the Units under the conditions
specified in Nasdaq Rules 4120 and 4121. The conditions for a halt
include a regulatory halt by the listing market. UTP trading in the
Units will also be governed by provisions of Nasdaq Rule 4120 relating
to temporary interruptions in the calculation or wide dissemination of
the Indicative Partnership Value (which is comparable to the IIV or
IOPV of an ETF) or the value of the underlying Benchmark Oil Futures
Contract. Additionally, Nasdaq may cease trading the Units if other
unusual conditions or circumstances exist which, in the opinion of
Nasdaq, make further dealings on Nasdaq detrimental to the maintenance
of a fair and orderly market. Nasdaq will also follow any procedures
with respect to trading halts as set forth in Nasdaq Rule 4120(c).
Finally, Nasdaq would stop trading the Units if the listing market
delists them.
    Nasdaq deems the Units to be equity securities, thus rendering
trading in the Units subject to its existing rules governing the
trading of equity securities, including Rule 4630, which governs
trading of Commodity-Related Securities. The trading hours for the
Units will be 9:30 a.m. to 4:15 p.m. ET.
    Nasdaq believes that its surveillance procedures are adequate to
address any concerns about the trading of the Units on Nasdaq. Trading
of the Units through Nasdaq facilities is currently subject to NASD's
surveillance procedures for equity securities in general and ETFs in
particular.\10\
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    \10\ NASD surveils trading pursuant to a regulatory services
agreement. Nasdaq is responsible for NASD's performance under this
regulatory services agreement.
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    Nasdaq is able to obtain information regarding trading in the Units
and the underlying Oil Futures Contracts through its members in
connection with the proprietary or customer trades that such members
effect on any relevant market. In addition, Nasdaq may obtain trading
information via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members or affiliates of the ISG, including the
Chicago Board of Trade. Finally, Nasdaq is party to Information Sharing
Agreements with NYMEX and ICE Futures for the purpose of providing
information in connection with trading in or related to oil futures
contracts traded on those markets. To the extent that USOF invests in
oil interests traded on other exchanges, Nasdaq would enter into
information sharing agreements, acceptable to the Commission staff,
with those particular exchanges.\11\ Nasdaq has issued an Information
Circular to inform its members of the special characteristics and risks
associated with trading the Units.
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    \11\ In such event, Nasdaq would file a proposed rule change
pursuant to Rule 19b-4 of the Act, indicating such surveillance
arrangements.
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2. Statutory Basis
    Nasdaq believes that the proposal is consistent with Section 6(b)
of the Act,\12\ in general, and Section 6(b)(5) of the Act,\13\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, remove impediments to a free and open market and a
national market system, and, in general, to protect investors and the
public interest. In addition, Nasdaq believes that the proposal is
consistent with Rule 12f 5 under the Act \14\ because it deems the
Units to be equity securities, thus rendering trading in the Units
subject to Nasdaq's existing rules governing the trading of equity
securities.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 17 CFR 240.12f-5.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments on the proposed rule change were neither solicited
nor received.

III. 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-NASDAQ-2007-045 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2007-045. 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 Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2007-045 and should be submitted on or before
June 12, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\15\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\16\ which requires that an
exchange have rules designed, among other things, 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
believes that this proposal should benefit investors by increasing
competition among markets that trade the Units.
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    \15\ In approving this rule change, the Commission notes that it
has considered the proposal's impact on efficiency, competition, and
capital formation. See 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 78f(b)(5).
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    In addition, the Commission finds that the proposal is consistent
with Section 12(f) of the Act,\17\ which permits an exchange to trade,
pursuant to UTP, a security that is listed and registered on another
exchange.\18\ The Commission notes that it previously approved the
listing and trading of the Units on Amex.\19\ The Commission also finds
that the proposal is consistent with Rule 12f-5 under the Act,\20\
which provides that an exchange shall not extend UTP to a security
unless the exchange has in effect a rule or rules providing for
transactions in the class or type of security to which the exchange
extends UTP. The Exchange has represented that it meets this
requirement because it deems the Units to be equity securities, thus
rendering trading in the Units subject to the Exchange's existing rules
governing the trading of equity securities.
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    \17\ 15 U.S.C. 78l(f).
    \18\ Section 12(a) of the Act, 15 U.S.C. 78l(a), generally
prohibits a broker-dealer from trading a security on a national
securities exchange unless the security is registered on that
exchange pursuant to Section 12 of the Act. Section 12(f) of the Act
excludes from this restriction trading in any security to which an
exchange ``extends UTP.'' When an exchange extends UTP to a
security, it allows its members to trade the security as if it were
listed and registered on the exchange even though it is not so
listed and registered.
    \19\ See Amex Order, supra note 7.
    \20\ 17 CFR 240.12f-5.
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    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\21\ 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.
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    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    In support of this proposal, the Exchange represents that its
surveillance procedures are adequate to properly monitor the trading of
the Units on the Exchange. In addition, the Exchange represents that it
is party to Information Sharing Agreements with NYMEX and ICE Futures
for the purpose of providing information in connection with trading in
or related to oil futures contracts traded on those markets, and that,
to the extent that USOF invests in oil interests traded on other
exchanges, the Exchange would enter into information sharing
agreements, acceptable to the Commission staff, with those particular
exchanges. This approval order is conditioned on the Exchange's
adherence to these representations.
    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. As noted previously, the Commission previously found
that the listing and trading of the Units by Amex is consistent with
the Act. In addition, the Commission previously found that the trading
of the Units by Nasdaq pursuant to UTP on a three-month pilot basis was
consistent with the Act. The Commission presently is not aware of any
regulatory issue that should cause it to revisit these earlier findings
or would preclude the trading of the Units on the Exchange pursuant to
UTP. Therefore, accelerating approval of this proposed rule change
should benefit investors by creating, without undue delay, additional
competition in the market for the Units. For these reasons, the
Commission finds good cause to approve the amended proposal on an
accelerated basis.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-NASDAQ-2007-045), as
modified by Amendment No. 1, be, and it hereby is, approved on an
accelerated basis.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. E7-9740 Filed 5-21-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Rules and Regulations]
[Pages 62575-62577]
[FR Doc No: 2020-21861]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0604; Airspace Docket No. 19-ANM-33]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; Pendleton, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class D airspace at Eastern Oregon
Regional at Pendleton Airport. This action also modifies Class E
airspace, designated as a surface area. Additionally, this action
establishes Class E airspace, designated as an extension to a Class D
or Class E surface area. Further, this action modifies Class E
airspace, extending upward from 700 feet above the surface. This action
also removes Class E airspace, extending upward from 1,200 feet above
the surface. This action also removes the Pendleton VORTAC from the
airspace text headers and legal descriptions. Lastly, this action
implements administrative corrections to the airspace text headers and
legal descriptions.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov//air_traffic/publications/. For further information, you
can contact the Airspace Policy Group, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies Class D and Class E airspace at Eastern Oregon Regional
at Pendleton Airport, Pendleton, OR, to ensure the safety and
management of Instrument Flight Rules (IFR) operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 40138; July 6, 2020) for Docket No. FAA-2020-0604 to
modify Class D and Class E at Eastern Oregon Regional at Pendleton
Airport, Pendleton, OR. Interested parties were invited to participate
in this rulemaking effort by submitting written comments on the
proposal to the FAA. No comments were received.
    Class D, E2, E4, and E5 airspace designations are published in
paragraphs 5000, 6002, 6004, and 6005, respectively, of FAA Order
7400.11E, dated July 21, 2020, and effective September 15, 2020, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas,

air traffic service routes, and reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations part 71
modifies Class D airspace at Eastern Oregon Regional at Pendleton
Airport, Pendleton, OR. The airspace area is described as follows: That
airspace extending upward from the surface to and including 4,000 feet
MSL within a 4.1-mile radius of Eastern Oregon Regional at Pendleton
Airport. This Class D airspace area is effective during the specific
dates and times established, in advance, by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.
    This action modifies Class E airspace, designated as a surface
area, to be coincident with the new Class D dimensions. The airspace
area is described as follows: That airspace extending upward from the
surface within a 4.1-mile radius of Eastern Oregon Regional at
Pendleton Airport. This Class E airspace area is effective during the
specific dates and times established, in advance, by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.
    Additionally, this action establishes Class E airspace, designated
as an extension to a Class D or Class E surface area. The airspace area
is described as follows: That airspace extending upward from the
surface within 1 mile each side of the 129[deg] bearing from the
airport, extending from the 4.1-mile radius to 7.3 miles southeast of
Eastern Oregon Regional at Pendleton Airport.
    Further, this action modifies Class E airspace extending upward
from 700 feet above the surface. The airspace area is described as
follows: That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the airport, and within 3.5 miles each side
of the 090[deg] bearing from the airport extending from the 6.6-mile
radius to 14.8 miles east of the airport, and within 3.4 miles each
side of the 129[deg] bearing from the airport extending from the 6.6-
mile radius to 14.3 miles southeast of the airport, and within 4 miles
south and 8 miles north of the 270[deg] bearing from the airport,
extending from 4 miles west of the airport to 20 miles west of Eastern
Oregon Regional at Pendleton Airport.
    This action also removes Class E airspace extending upward from
1,200 feet above the surface. This area is wholly contained within
Class E en route airspace which overlies the entire Pendleton area,
duplication is not necessary.
    The action removes the Pendleton VORTAC and all references to the
VORTAC from the Class D, E2, and E5 text headers and legal
descriptions.
    Lastly, this action implements administrative corrections to the
airspace legal descriptions. The airport name on the second line of the
text header does not match the FAA database and is updated to ``Eastern
Oregon Regional at Pendleton Airport''. The airport's geographic
coordinates do not match the FAA database and are updated to ``lat.
45[deg]41'41'' N, long. 118[deg]50'35'' W'' The last sentence in the
Class D and Class E surface area legal descriptions contain the term
``Airport/Facilities Directory'' the term is updated to ``Chart
Supplement''.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E,
Airspace Designations and Reporting Points, dated July 21, 2020, and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM OR D Pendleton, OR [Amended]

Eastern Oregon Regional at Pendleton Airport, OR
    (Lat. 45[deg]41'41'' N, long. 118[deg]50'35'' W)

    That airspace extending upward from the surface to and including
4,000 feet MSL within a 4.1-mile radius of Eastern Oregon Regional
at Pendleton Airport. This surface area is effective during the
specific dates and times established, in advance, by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

ANM OR E2 Pendleton, OR [Amended]

Eastern Oregon Regional at Pendleton Airport, OR
    (Lat. 45[deg]41'41'' N, long. 118[deg]50'35'' W)

    That airspace extending upward from the surface within a 4.1-
mile radius of Eastern Oregon Regional at Pendleton Airport. This
surface area is effective during the specific dates and times
established, in advance, by a Notice to Airmen. The effective date
and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM OR E4 Pendleton, OR [New]

Eastern Oregon Regional at Pendleton Airport, OR
    (Lat. 45[deg]41'41'' N, long. 118[deg]50'35'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 129[deg] bearing from the airport, extending from
the 4.1-mile radius to 7.3 miles southeast of Eastern Oregon
Regional at Pendleton Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Pendleton, OR [Amended]

Eastern Oregon Regional at Pendleton Airport, OR
    (Lat. 45[deg]41'41'' N, long. 118[deg]50'35'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the airport, and within 3.5 miles each
side of the 090[deg] bearing from the airport extending from the
6.6-mile radius to 14.8 miles east of the airport, and within 3.4
miles each side of the 129[deg] bearing from the airport extending
from the 6.6-mile radius to 14.3 miles southeast of the airport, and
within 4 miles south and 8 miles north of the 270[deg] bearing from
the airport, extending from 4 miles west of the airport to 20 miles
west of Eastern Oregon Regional at Pendleton Airport.

    Issued in Seattle, Washington, on September 18, 2020.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-21861 Filed 10-2-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Rules and Regulations]
[Pages 37002-37005]
[FR Doc No: 2011-15788]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0475]
RIN 1625-AA00

Safety Zone; Central Astoria Independence Celebration Fireworks
Event, Wards Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port (COTP) Zone New York on a portion of the navigable
waters of the East River in the vicinity of Wards Island, New York for
a fireworks display. This temporary safety zone is necessary to ensure
the safety of vessels and spectators from hazards associated with
fireworks displays. Persons and vessels are prohibited from entering
into, transiting through, mooring, or anchoring within the temporary
safety zone unless authorized by the COTP New York or the designated
on-scene representative.

DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on June
30, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-4075 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-4075 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LTJG Eunice James, Coast Guard Sector
New York Waterways Management Division;<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
information regarding the dates and scope of the event in time to
publish a NPRM followed by a final rule before the effective date.
    The Coast Guard was notified of this event on February 24, 2011.
This event is a reoccurring marine event with a proposed permanent rule
currently in a public comment period under docket number USCG-2010-1001
titled, Special Local Regulations and Safety Zones; Recurring Events in
Captain of the Port New York Zone.
    The sponsor was not aware of the requirements for submitting an
application for a marine event 135 days in advance, resulting in a late
notification to the Coast Guard. The sponsor is aware of this
requirement for all future events. The sponsor is unable to reschedule
this event due to other activities being held in conjunction with the
fireworks display.
    Due to the dangers posed by the pyrotechnics used in this fireworks
display, the safety zone is necessary to provide for the safety of
event participants, spectator craft, and other vessels operating near
the event area. For the safety concerns noted, it is in the public
interest to have these regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The rule must become effective on
the date specified above in order to provide for the safety of the
public including spectators and vessels operating in the area near the
fireworks display. Delaying the effective date of this rule until after
30 days have elapsed since publication is impractical and would expose
spectators, vessels, and other property to the hazards associated with
pyrotechnics used in the fireworks display.

Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
    The Central Astoria Local Development Coalition has planned a
fireworks event to celebrate Independence Day. The fireworks will
commence at 9:15 p.m. on June 30, 2011 and will last approximately 25
minutes. This event poses significant potential risk to participants,
spectators and the maritime public because of hazardous conditions
associated with a fireworks display. This temporary safety zone is
necessary to ensure the safety of participants, spectators and vessels.

Discussion of Rule

    This rule establishes a temporary safety zone on a portion of the
waters of the East River. The temporary safety zone will encompass all
waters of the East River in the vicinity of Wards Island, Queens, NY,
within a 150-yard radius of a shore location, approximate position
40[deg]46'57.83'' N, 073[deg]55'28.58'' W (NAD 83) approximately 150
yards south of Hells Gate Bridge.
    All persons and vessels shall comply with the instructions of the
COTP New York or the designated on-scene representative. Entry into,
transiting, or anchoring within the temporary safety zone is prohibited
unless authorized by the COTP New York or the designated on-scene
representative. The COTP New York or the designated representative may
be reached on VFH Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    The Coast Guard's implementation of this temporary safety zone will
be of short duration and designed to minimize the impact to vessel
traffic on navigable waters. This safety zone will only be enforced for
90 minutes. Furthermore, vessels may be authorized to transit the zone
with permission of the COTP New York or the designated on-scene
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor within the fireworks fall-out zone, a portion of the
East River in the vicinity of Wards Island, Queens, NY. The fireworks
will commence at 9:15 p.m. on June 30, 2011 and will last approximately
25 minutes.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can safely transit around the zone. Before the effective
period, we will issue

maritime advisories widely available to users of the waterway. This
rule will be in effect for only 90 minutes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a temporary
safety zone on a portion of the Upper New York Bay during the launching
of fireworks.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0475 to read as follows:

Sec.  165.T01-0475  Safety Zone; Central Astoria Independence
Celebration Fireworks Event, Wards Island, NY.

    (a) Regulated Area. The following area is a temporary safety zone:
A 150 yard radius around position 40[deg]46'57.83'' N,
073[deg]55'28.58'' W on the shore of Wards Island, Queens, NY.
    (b) Enforcement period. This section will be enforced from 8:45
p.m. until 10:15 p.m. on June 30, 2011.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transit through, mooring or anchoring within
this safety zone is prohibited unless authorized by the COTP New York
or the designated on-

scene representative. ``Designated on-scene representative'' means any
commissioned, warrant, and petty officer of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and federal law
enforcement vessels who have been authorized to act on behalf of the
COTP New York.
    (3) Persons desiring to operate within the safety zone established
in this section may contact the COTP New York at telephone number 718-
354-4398 or via on-scene patrol personnel on VHF channel 16 to seek
permission to do so. If permission is granted, all persons and vessels
must still comply with the instructions of the COTP New York or the
designated on-scene representative.

    Dated: June 8, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2011-15788 Filed 6-23-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Notices]
[Page 71464]
[DOCID:fr17de07-117]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meetings during the week of
December 17, 2007:

    An Open Meeting will be held on Tuesday, December 18, 2007, at
10 a.m., in Room L-002, the Auditorium, and a Closed Meeting will be
held on Thursday, December 20, 2007 at 2 p.m.

    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Nazareth, as duty officer, voted to consider the items
listed for the closed meeting in closed session, and determined that no
earlier notice of the Open Meeting was possible.
    The subject matter of the Open Meeting scheduled for Tuesday,
December 18, 2007 will be:

    The Commission will consider whether to approve the 2008 budget
of the Public Company Accounting Oversight Board and will consider
the related annual accounting support fee for the Board under
Section 109 of the Sarbanes-Oxley Act of 2002.

    The subject matter of the Closed Meeting scheduled for Thursday,
December 20, 2007 will be:
    Formal orders of investigation;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Resolution of litigation claims;
    A matter related to an enforcement proceeding; and an
    Adjudicatory matter.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 12, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-24447 Filed 12-14-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Rules and Regulations]
[Pages 11-13]
[FR Doc No: 2015-33072]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG 2015-1086]
RIN 1625-AA00

Safety Zone; Intracoastal Waterway; Lake Charles, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Intracoastal Waterway (ICW) extending 100-yards east
and west of ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W. (NAD 83) in Lake Charles, Louisiana. This safety
zone is necessary to protect personnel, vessels, and the marine
environment from hazards created by high power electrical line
installation operations via helicopter over the Intracoastal Waterway.
Entry of vessels or persons into this safety zone is prohibited unless
specifically authorized by the Captain of the Port, Port Arthur.

DATES: This rule is effective from 7 a.m. on January 4, 2016 through 6
p.m. on January 14, 2016. This rule will be enforced when personnel and
equipment are on scene and conducting working on electrical lines.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1086 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 MST1 Walt Goggans, Marine Safety Unit Lake Charles, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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 immediate action is needed to protect
vessels and mariners from the hazards associated with electrical line
installation operations over the Intracoastal Waterway. The Coast Guard
was not notified of the impending electrical line installation by
ENTERGY until approximately three weeks prior to the date of the
planned installation. After review of the details, the Coast Guard
determined action is needed to protect vessels and mariners from the
potential hazards created by the electrical line installation. It is
impracticable to publish an NPRM because we must establish this safety
zone by January 4, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. The Coast Guard
received less than 30-day's notice that ENTERGY set the electrical line
installation date for January 4, 2016 through January 14, 2016.
Delaying the effective date of this rule would be contrary to public
interest because immediate action is needed to respond to the potential
safety hazards associated with electrical line installation operations
over the Intracoastal Waterway. The Coast Guard will notify the public
and maritime community that the safety zone will be in effect and of
its enforcement periods via broadcast notices to mariners (BNM) and
will be published in the Local Notice to Mariners (LNM).

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Port Arthur (COTP) has determined that
the hazards associated with high power line installations beginning
January 4, 2016

through January 14, 2016 will be a safety concern for anyone within a
100-yard radius of helicopter cable installation operations. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while high power cable
installation operations occur.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on January 4, 2016
through 6 p.m. on January 14, 2016. The safety zone will cover all
navigable waters, shoreline to shoreline, extending 100-yards to either
side of helicopter high power cable installation operations and
machinery being used by personnel to install the high power cables. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the electrical lines
are being installed. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This rule will only be
enforced for short periods when the channel is obstructed or cable
installation operations over Intracoastal Waterway pose hazards to
mariners. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessel to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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
vessel owners or operators.
    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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting less than 10 days that will
prohibit entry within 100-yards of vessels and machinery being used for
high power cable installation. It is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-1086 to read as follows:

Sec.  165.T08-1086  Safety Zone; Intracoastal Waterway; Lake Charles,
LA.

    (a) Location. The following area is a safety zone: all waters of
the Intracoastal Waterway (ICW) extending 100-yards east and west of
ICW Mile Marker 244.5 located at position 30[deg]03'38'' N.
093[deg]22'19'' W., Lake Charles, Louisiana. The coordinates are based
on (NAD 83).
    (b) Effective periods. This rule is effective from 7 a.m. on
January 4, 2016 through 6 p.m. on January 14, 2016. This rule will be
enforced when personnel and equipment are on scene and conducting
working on electrical lines.
    (c) Regulations. (1) Under the general safety zone regulations in
Sec.  165.23 of this part, entry into this zone is prohibited to all
vessels except those vessels specifically authorized by the Captain of
the Port, Port Arthur or a designated representative.
    (2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the lawful orders or
directions given to them by the Captain of the Port, Port Arthur or the
Captain of the Port's designated representative. On-scene U.S. Coast
Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
    (d) Information broadcasts. The Coast Guard will inform the public
through broadcast notices to mariners of the enforcement periods for
the safety zone as well as any changes in the schedule.

    Dated: December 15, 2015.
R.S. Ogrydziak,
Captain, U.S. Coast Guard, Captain of the Port, Port Arthur, Texas.
[FR Doc. 2015-33072 Filed 12-31-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Notices]
[Pages 23057-23059]
[FR Doc No: 2015-09497]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74766; File No. SR-NYSE-2015-16]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change to Amend the Seventh Amended
and Restated Operating Agreement of the New York Stock Exchange LLC.

April 20, 2015
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 6, 2015, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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 proposes [sic] to amend the Seventh
Amended and Restated Operating Agreement (``Operating Agreement'') of
the Exchange to remove the requirement that the independent directors
that make up the majority of the board of directors of the Exchange
(the ``Board'') also be directors of Intercontinental Exchange, Inc.,
the Exchange's parent company. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Operating Agreement of the
Exchange to remove the requirement that the independent directors
making up the majority of the Board also be directors of
Intercontinental Exchange, Inc. (``ICE''), the Exchange's parent.
    Section 2.03(a)(i) of the Operating Agreement, which governs board
composition, provides that a majority of the Exchange's directors shall
be U.S. persons \4\ who are members of the board of directors of ICE
that satisfy the Exchange's independence requirements.\5\ Such
directors are defined as ``ICE Independent Directors'' in the Operating
Agreement. The Exchange proposes to amend Section 2.03(a)(i) of the
Operating Agreement to remove the requirement that the independent
directors making up the majority of the Board also be directors of ICE,
to redefine ``ICE Independent Directors'' to remove the reference to
ICE, and to make conforming changes in both Section 2.03(a)(i) and
Section 2.03(a)(ii). The majority of directors of the Exchange board
would continue to satisfy the company independence policy [sic]
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    \4\ Pursuant to Section 2.03(a)(1) of the Operating Agreement, a
director is a ``U.S. Person'' if, as of the date of his or her most
recent election or appointment to the Board, his or her domicile is,
and for the immediately preceding 24 months has been, the United
States. The Exchange does not propose to amend this requirement.
    \5\ The Exchange's independence requirements are set forth in
the Independence Policy of the Board of Directors of the Exchange.
See Securities Exchange Act Release No. 67564 (August 1, 2012), 77
FR 47161 (August 7, 2012) (SR-NYSE-2012-17; SR-NYSEArca-2012-59; SR-
NYSEMKT-2012-07) (approving NYSE's director independence policy).
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    The Exchange believes that eliminating the requirement that the
independent directors of the Exchange

also be directors of ICE will allow the Exchange to broaden the pool of
potential Board members, resulting in a more diversified Board
membership while still ensuring the directors' independence.
Eliminating the requirement that the independent directors of the
Exchange also be directors of ICE will also make the Exchange's board
requirements more consistent with those of its affiliate NYSE Arca,
Inc. (``NYSE Arca'') which does not require any of its directors to be
directors of ICE.\6\
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    \6\ See Amended and Restated NYSE Arca Bylaws, Article III,
Section 3.02. The Exchange notes that its NYSE MKT affiliate has
also submitted a proposal to amend its Operating Agreement to remove
the requirement that the independent directors that make up the
majority of the Exchange Board also be directors of ICE, and to
redefine ``ICE Independent Directors'' to remove the reference to
ICE. See SR-NYSEMKT-2015-27.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \7\ in general, and with Section
6(b)(1) \8\ in particular, in that it enables the Exchange to be so
organized as to have the capacity to be able to carry out the purposes
of the Exchange Act and to comply, and to enforce compliance by its
exchange members and persons associated with its exchange members, with
the provisions of the Exchange Act, the rules and regulations
thereunder, and the rules of the Exchange.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(1).
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    The proposed change would remove the requirement that the
independent directors that make up the majority of the Exchange Board
also be ICE directors and would redefine ``ICE Independent Directors''
to remove the reference to ICE. As noted above, the proposed change
would allow the Exchange to broaden the pool of potential Board
members, resulting in a more diversified Board membership while still
ensuring their independence, and would make the Exchange's board
requirements more consistent with its affiliate NYSE Arca, which does
not require its directors to be ICE directors. For these reasons, the
Exchange believes that the proposed rule change would contribute to the
orderly operation of the Exchange and would enable the Exchange to be
so organized as to have the capacity to carry out the purposes of the
Exchange Act and comply and enforce compliance with the provisions of
the Exchange Act by its members and persons associated with its
members. The Exchange therefore believes that approval of the proposed
is consistent with Section 6(b)(1) of the Act.
    The Exchange also believes that this filing furthers the objectives
of Section 6(b)(5) of the Exchange Act \9\ because the proposed rule
change would be consistent with and facilitate a governance and
regulatory structure that is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, 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 Exchange believes that
eliminating the requirement that the independent directors of the
Exchange also be directors of ICE will allow the Exchange to have a
more diverse board of directors because not all of the independent
directors will have to be directors of ICE, while still ensuring their
independence. The Exchange believes that the proposed rule change is
therefore consistent with and facilitates a governance and regulatory
structure that furthers the objectives of Section 6(b)(5) of the Act.
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    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not intended to address competitive issues but rather is
concerned solely with the administration and functioning of the
Exchange's board of directors.

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 45 days of the date of publication of this notice in the
Federal Register or up to 90 days (i) as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or (ii) as to which the self-regulatory
organization consents, the Commission will:
    (A) by order approve or disapprove the 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2015-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2015-16. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2015-16 and should be submitted on or before May
15, 2015.

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    \10\ 17 CFR 200.30-3(a)(12).
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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Brent J. Fields,
Secretary.
[FR Doc. 2015-09497 Filed 4-23-15; 8:45 am]
BILLING CODE 8011-01-P