[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35625-35627]
[FR Doc No: 2013-14061]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF13-8-000]

Sabine Pass Liquefaction Expansion, LLC; Sabine Pass
Liquefaction, LLC; Sabine Pass LNG, L.P.; Cheniere Creole Trail
Pipeline, L.P.: Notice of Intent To Prepare an Environmental Assessment
for the Planned Sabine Pass Liquefaction Expansion Project and Cheniere
Creole Trail Pipeline Expansion Project, Request for Comments on
Environmental Issues and Notice of Public Scoping Meetings

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the expansion and operation of the
Sabine Pass Liquefaction Expansion, LLC; Sabine Pass Liquefaction, LLC;
and Sabine Pass LNG, L.P. (collectively referred to as Sabine Pass)
Sabine Pass Liquefaction Expansion Project (SPLE Project) and the
Cheniere Creole Trail Pipeline, L.P. (CCTPL) Chenier Creole Trail
Pipeline Expansion Project (CCTPL Expansion Project). Sabine Pass is
proposing to expand the existing Sabine Pass Liquefied Natural Gas
(SPLNG) Terminal in Cameron Parish, Louisiana. CCTPL is proposing to
expand and extend its existing pipeline system within the following
parishes in the State of Louisiana: Cameron, Calcasieu, Beauregard,
Allen, and Evangeline. Together, the SPLE Project and the CCTPL
Expansion Project are referred to as the Project. This EA will be used
by the Commission in its decision-making process to determine whether
the Project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the Project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the project scoping period will close on July 10, 2013.
    You may submit comments in written form or verbally. Further
details on how to submit written comments are provided in the Public
Participation section of this notice. In lieu of or in addition to
sending written comments, the Commission invites you to attend the
public scoping meetings listed below.

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           Date and time                          Location
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Tuesday, June 18, 2013, 6:00 pm     Comfort Suites, 2505 Highway 108,
 CDT.                                South, Sulphur, LA 70665.
Wednesday, June 19, 2013, 6:00 pm   Kinder City Hall Community Center,
 CDT.                                316 North 8th Street, Kinder, LA
                                     70648.
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    This notice is being sent to the Commission's current environmental
mailing list for these projects as described under the Environmental
Mailing List Section of this notice. State and local government
representatives are asked to notify their constituents of these planned
projects and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the planned facilities. The company
would seek to negotiate a mutually acceptable agreement. However, if
the Commission approves these projects, that approval conveys with it
the right of eminent domain. Therefore, if easement negotiations fail
to produce an agreement, the Companies could initiate condemnation
proceedings where compensation would be determined in accordance with
state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility on My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (www.ferc.gov). This fact sheet
addresses a number of typically asked questions, including the use of
eminent domain and how to participate in the Commission's proceedings.

Summary of the Planned Project

    The SPLE Project would primarily consist of the addition of two
liquefaction trains (Trains 5 and 6) capable of processing an average
of 1.3 billion cubic feet per day (Bcf/d) of natural gas and to export
about 9 million metric tonnes of liquefied natural gas (LNG) per annum
(mtpa) via LNG carriers. Trains 5 and 6 would comprise Stage 3 of the
Sabine Pass Liquefaction Project, which is currently under construction
at the SPLNG Terminal. When completed, all six liquefaction trains at
the SPLNG Terminal would be capable of processing an average of 4.0
Bcf/d of natural gas and to export about 27 million mtpa. The SPLE
Project would be located within areas that have been evaluated and
assessed in conjunction with the Commission's review and approval of
other portions of the SPLNG Terminal.\1\
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    \1\ See Docket Nos. CP04-47-000, CP04-38-000, CP04-39-000, CP04-
40-000, CP05-396-000, CP04-47-001, CP-05-396-001, CP11-72-000, and
CP13-02-000.
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    The SPLE Project would consist of the following facilities:
     Two LNG liquefaction trains;
     Additional power generation (two gas turbine generators
capable of generating approximately 30 megawatts of power);
     Other infrastructure and modifications (including five
recycle boil-off gas compressors, three instrument air compressor
packages, two demineralizer units, one demineralized water tank, and
two diesel-powered standby generators);
     Modification of terminal facilities; and
     New and remodeled buildings.
    CCTPL plans to expand and extend the existing CCTPL pipeline system
to enable it to provide an additional 1.5 Bcf/d of transportation
capacity to the SPLNG Terminal. The CCTP Expansion Project would
involve the addition of approximately 98.7 miles of pipeline, including
two loops (Loop 1 and Loop 2), an Extension, and three laterals. In
addition, CCTPL would install a new compressor station and four
metering and regulating (M&R) stations. Several components of the
planned CCTPL Expansion Project occur in areas that have been evaluated
and assessed in conjunction with the previous FERC review and approval
of the Sabine Pass Pipeline and Cheniere Creole Trail Pipeline.\2\
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    \2\ See Docket Nos. CP04-47-000, CP04-38-000, CP04-40-000, CP05-
360-000, CP05-357-000, CP05-358-000, CP05-359-000, and CP12-351-000.
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    The CCTPL Expansion Project would consist of the following
facilities in Louisiana:
     Loop 1, about 13.7 miles of 42-inch-diameter pipeline in
Cameron Parish;
     Loop 2, about 24.5 miles of 42-inch-diameter pipeline in
Calcasieu and Beauregard Parishes;
     Extension, about 46.8 miles of 42-inch-diameter pipeline
in Beauregard, Allen, and Evangeline Parishes;
     Laterals, three 36-inch-diameter laterals (two 1,000-foot-
long laterals and

one 13.3-mile-long lateral) in Evangeline Parish;
     New or modified compressors at the previously-authorized
Gillis Compressor Station in Beauregard Parish;
     A new Mamou Compressor Station in Evangeline Parish;
     Four new M&R Stations;
     Pig launchers/receivers; and
     Mainline valves (MLVs).
    The general location map of the project facilities is in Appendix
1.\3\
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    \3\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE., Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Construction of the planned SPLE Project would disturb about 156
acres of the 853-acre SPLNG Terminal site. Additional temporary work
areas would also be required for material laydown, equipment storage,
and parking. Locations for the additional temporary work areas are
under development and will be provided at a later date.
    Construction of the planned CCTPL Expansion Project would disturb
about 1,621.2 acres of land, including 1,579.2 acres for construction
of the pipeline and 42 acres for the aboveground facilities. Following
construction, about 640.1 acres would be maintained for operation of
the pipeline and aboveground facilities. The MLVs and launcher/
receivers would be installed within the permanent right-of-way. In
addition to the land requirements noted above, additional land would be
required for temporary access roads to the pipeline construction right-
of-way, permanent access roads to the new aboveground facilities, and
temporary contractor/pipe yards for the storage of equipment,
materials, and pipe.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. NEPA also requires us
\4\ to discover and address concerns the public may have about
proposals. This process is referred to as ``scoping.'' The main goal of
the scoping process is to focus the analysis in the EA on the important
environmental issues. By this notice, the Commission requests public
comments on the scope of the issues to address in the EA. All comments
received will be considered during the preparation of the EA.
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    \4\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
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    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the planned project under these
general headings:
     Geology and soils;
     Land use;
     Water resources, fisheries, and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Air quality and noise;
     Endangered and threatened species;
     Public safety; and
     Cumulative impacts.
    We will also evaluate reasonable alternatives to the Project or
portions of the Project, and make recommendations on how to lessen or
avoid impacts on the various resource areas.
    Although no formal application has been filed, we have already
initiated our NEPA review under the Commission's pre-filing process.
The purpose of the pre-filing process is to encourage early involvement
of interested stakeholders and to identify and resolve issues before
the FERC receives an application. As part of our pre-filing review, we
have begun to contact some federal and state agencies to discuss their
involvement in the scoping process and the preparation of the EA.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, will be published and
distributed to the public. A comment period will be allotted after the
EA is published for review. We will consider all comments on the EA
before we make our recommendations to the Commission. To ensure your
comments are considered, please carefully follow the instructions in
the Public Participation section of this notice.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.
Currently, the U.S. Department of Energy (USDOE), Office of Fossil
Energy (FE), and the U.S. Army Corps of Engineers have expressed their
intention to participate as cooperating agencies in the preparation of
the EA to satisfy their NEPA responsibilities related to this project.

Involvement of the U.S. Department of Energy

    The FERC is the lead federal agency in preparing the EA to satisfy
the requirements of the NEPA. The USDOE, FE, has agreed to participate
as a cooperating agency in the preparation of the EA to satisfy its
NEPA responsibilities.
    Under section 3 of the Natural Gas Act of 1938, as amended, 15 USC
717b, the USDOE would authorize applications to export natural gas,
including LNG, unless it finds that the proposed export would not be
consistent with the public interest. For the SPLE Project, the purpose
and need for USDOE action is to respond to two applications received by
Sabine Pass Liquefaction, LLC (SPL) filed with USDOE on February 27,
2013 (FE Docket No. 13-30-LNG), and on April 2, 2013 (FE Docket No. 13-
42-LNG), seeking authorization to export up to 0.28 Bcf/d and 0.24 Bcf/
d, respectively, of domestic natural gas as LNG. SPL requests to export
LNG for a 20-year period from the proposed SPL facilities in Cameron
Parish, Louisiana, commencing the earlier of the date of first export
or eight years from the date that the requested authorization is
issued.

Consultations Under Section 106 of the Natural Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the Natural Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office(s) (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\5\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO(s) as the Project
is further developed. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EA would document our
findings on the potential Project impacts on

historic properties and summarize the status of consultations under
section 106.
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    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the Natural Register for Historic
Places.
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Currently Identified Environmental Issues

    We have already identified several issues that we think deserve
attention based on a preliminary review of the planned facilities and
the environmental information provided by Sabine Pass. This preliminary
list of issues may be changed based on your comments and our analysis:
     Construction and operational impacts on residences near
the planned compressor station;
     Air quality;
     Socioeconomics;
     Construction and operational impacts on wetlands and
waterbodies;
     Construction and operational impacts on migratory birds
and threatened and endangered species;
     Construction and operational impacts on agriculture;
     Impacts on cultural resources, including Native American
properties;
     Cumulative environmental impacts; and
     Public safety.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC, on or before July 10,
2013.
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (PF13-8-000) with your submission.
The Commission encourages electronic filing of comments and has expert
eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. An eComment is an easy method
for interested persons to submit brief, text-only comments on a
project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at www.ferc.gov
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making. A comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; environmental and public interest groups; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who own homes within certain distances of aboveground
facilities, and anyone who submitted comments on the project. We have
made every effort to include all commentors on the mailing list;
however, we are unable to include commentors that did not include a
physical address with their comments. We will update the environmental
mailing list as the analysis proceeds to ensure that we send the
information related to this environmental review to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project.
    Once the EA is published for distribution, copies will be sent to
the environmental mailing list for public review and comment. If you
would prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (Appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an intervenor are
included in the User's Guide under the ``e-filing'' link on the
Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at www.ferc.gov using the ``eLibrary'' link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number,
excluding the last three digits in the Docket number field (i.e., PF13-
8). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: June 7, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-14061 Filed 6-12-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Page 68133]
[FR Doc No: 2013-27238]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Far Vista Petroleum Corp.; Order of Suspension
of Trading

November 8, 2013.
    It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of Far Vista Petroleum Corp. (``FVSTA'')
because of questions that have been raised about the accuracy and
adequacy of publicly disseminated information concerning, among other
things, FVSTA's business prospects, operations, and control. FVSTA is a
Nevada corporation based in Levittown, NY. It is quoted on the OTC Link
under the symbol FVSTA.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
November 8, 2013 through 11:59 p.m. EST on November 21, 2013.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-27238 Filed 11-8-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 73 (Friday, April 15, 2016)]
[Notices]
[Pages 22335-22337]
[FR Doc No: 2016-08647]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77582; File No. SR-BatsEDGX-2016-07]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Non-Substantive Correction
to Rule 11.27

April 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 7, 2016, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has

designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to make one non-substantive
correction to Exchange Rule 11.27, which implements the Regulation NMS
Plan to Implement a Tick Size Pilot Program (``Plan'').
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange recently adopted Rule 11.27(b), which sets forth the
requirements for the collection and transmission of data pursuant to
Appendices B and C of the Plan.\5\ The Exchange now proposes to make
one non-substantive correction to Exchange Rule 11.27 by renumbering it
as Rule 11.22.\6\ The Rule was incorrectly numbered in the initial
proposed rule change as the last rule within Chapter XI of the
Exchange's rulebook is Rule 11.21, Retail Orders. The Exchange now
propose to renumber it as Rule 11.22 in order to have consecutively
numbered rules within Chapter XI of its rulebook. Other than
renumbering the rule as proposed herein, the Exchange does not proposes
to amend any of the provisions of current Rule 11.27.
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    \5\ See Securities Exchange Act Release No. 77416 (March 22,
2016) (SR-BatsEDGX-2016-01) (Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change to Adopt Exchange Rule 11.27
to Implement the Regulation NMS Plan to Implement a Tick Size Pilot
Program).
    \6\ The Financial Industry Regulatory Authority, Inc.
(``FINRA''), on behalf of the Plan Participants submitted a letter
to Commission requesting exemption from certain provisions of the
Plan related to data collection. See letter from Marcia E. Asquith,
Senior Vice President and Corporate Secretary, FINRA dated December
9, 2015 to Robert W. Errett, Deputy Secretary, Commission
(``Exemption Request''). The Commission, pursuant to its authority
under Rule 608(e) of Regulation NMS, granted the Exchange a limited
exemption from the requirement to comply with certain provisions of
the Plan as specified in the letter and noted herein. See letter
from David Shillman, Associate Director, Division of Trading and
Markets, Commission to Eric Swanson, General Counsel, Exchange,
dated March 22, 2016 (``Exemption Letter''). While the Exemption
Letter references current Exchange Rule 11.27, the Exchange
understands it will continue to apply to the rule when renumbered as
Rule 11.22.
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    The proposed rule change will be effective on April 4, 2016.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in 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
this proposal is consistent with the Act because it ensures
consecutively numbered rules within Chapter XI of its rulebook, thereby
clarifying the Exchange's rulebook and avoiding potential investor
confusion.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 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
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange
notes that the proposed rule change is not intended to have a
competitive impact. It is simply intended to ensure consecutively
numbered rules within Chapter XI of its rulebook and does not amend any
of the provisions of current Rule 11.27.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange has stated that the proposed rule change is intended to ensure
consecutively numbered rules within Chapter XI of the Exchange's
rulebook and does not amend any of the provisions of current Rule
11.27. The Commission believes that waiver of the operative delay is
consistent with the protection of investors and the public interest
because it may benefit investors by clarifying the Exchange's rulebook
and avoiding potential investor confusion. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the

public interest, for the protection of investors, or otherwise in
furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule change should be approved or 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-BatsEDGX-2016-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2016-07. 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 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-BatsEDGX-2016-07, and should
be submitted on or before May 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08647 Filed 4-14-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41893-41895]
[FR Doc No: 2017-18732]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0843]
RIN 1625-AA00

Safety Zone; Dredging, Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of Shark River, in Neptune City, NJ, from September 5, 2017,
through September 23, 2017, while dredging operations are being
conducted in the main navigational channel. This safety zone is
necessary to provide for the safety of life on navigable waters during
dredging operations and will restrict vessel traffic from transiting
the main navigational channel.

DATES: This rule is effective from September 5, 2017 through September
23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2017-0843 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 about this rule,
call or email Marine Science Technician Second Class Amanda Boone, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    Efforts to dredge the Shark River have been underway for well over
a decade. After Superstorm Sandy, the need to dredge the river
increased significantly due to sediment deposited by the storm, which
impeded navigation within the channel.
    Mobile Dredging and Pumping Co. has been awarded the contract to
restore the state channels to allow safe passage for recreational and
commercial traffic. The sediment will be hydraulically dredged and
piped via a secure welded pipeline to the selected dewatering
locations.
    The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of dredge piping and dredge operations. The
rule will temporarily restrict vessel traffic from transiting a portion
of the Shark River while dredging operations are being conducted in the
main navigational channel.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for this event were
not received by the Coast Guard until August 25, 2017, and the dredging
operation will begin September 5, 2017. The safety zone is needed by
September 5, 2017, to ensure safe navigation of vessels transiting the
Shark River, and it is impracticable to publish an NPRM and consider
comments before that date. The dredge and dredge piping must be
positioned in the main navigational channel in order for the dredging
company to complete the proper dredging of the main navigational
channel. Allowing this event to go forward without a safety zone in
place would expose mariners and the public to unnecessary dangers
associated with dredge piping and dredge operations. Therefore, it is
imperative that there is a safety zone restricting traffic in this
portion of the Shark River, in Neptune City, NJ.
    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 for the reasons stated
above. The Coast Guard expects that there will be an impact to vessel
traffic during times when the navigational channel is restricted.
However, there will be times throughout the project where vessel
traffic is not restricted and traffic will be able to transit through
the main navigational channel. Furthermore, notification of the
waterway restrictions will be made by the contractor, Mobile Dredging
and Pumping Co. Additionally the New Jersey Department of
Transportation, Office of Marine Resources, will be conducting outreach
to the local community. Notification of the safety zone and waterway
restrictions will be made by the COTP via marine safety broadcast using
VHF-FM channel 16 and through the Local Notice to Mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Delaware Bay has determined that potential hazards are
associated with dredge piping and dredge operations from September 5,
2017, through September 23, 2017. The rule is necessary to promote
maritime safety and protect vessels from the hazards of dredge piping
and dredge operations.
    The rule will have an impact to vessels transiting through the
Shark River main navigational channel, from latitude 40[deg]10'54.20''
N., longitude 74[deg]1'51.05'' W., bounded by the eastern side of the
channel and the western side of the channel, north, to latitude
40[deg]11'6.87'' N., longitude 74[deg] 1'53.54'' W., as vessels will be
unable to transit

the main navigational channel during times when dredging operations are
being conducted. This restriction is necessary to ensure the safety of
life and protect vessel from dredge piping and dredge operations.

IV. Discussion of the Rule

    On September 5, 2017, dredging will begin on a portion of the Shark
River in Neptune City, NJ. The COTP Delaware Bay has determined that
the hazards associated with dredge piping and dredge operations in the
main navigational channel create the need for a safety zone to ensure
safety of vessels transiting this portion and for workers engaged in
dredging operations.
    The safety zone will close the main navigational channel on the
Shark River from latitude 40[deg]10'54.20'' N., longitude
74[deg]1'51.05'' W., bounded by the eastern side of the channel and the
western side of the channel, north, to latitude 40[deg]11'6.87'' N.,
longitude 74[deg]1'53.54'' W.; during times of dredging. Dredging of
the main navigational channel is scheduled from September 5, 2017,
through September 23, 2017, only from 9 a.m. on Mondays through 9 p.m.
on Thursdays. Entry into, transiting, or anchoring within this portion
of Shark River during these times is prohibited. These coordinates are
based on the World Geodetic System 1984 (WGS 84) horizontal datum
reference.
    The channel will be open from September 5, 2017, through September
23, 2017, from 9 p.m. on Thursdays to 9 a.m. on Mondays. During the
periods when the channel is open mariners are urged to transit at their
slowest safe speed, with no wake, no meeting or passing of other
vessels, and proceed with caution after passing arrangements have been
made. Mariners must communicate clearly, and in advance, with the
dredge via VHF 6 or 13.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the limited size
of the zone and duration of the safety zone. Although the main
navigational channel of this portion of the Shark River will be closed
for periods of time throughout the dredging operation, there are
designated times where the channel will be open for vessel traffic and
traffic will be able transit. Vessels will only be affected 84-hours
weekly, from 9 a.m. on Mondays through 9 p.m. on Thursdays, during the
month of September 2017. The safety zone and channel closure will be
well publicized to allow mariners to make alternative plans for
transiting the affected 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of federal
employees who enforce, or otherwise determine compliance with, federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
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 it 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 that
lasts for less than a month in duration and has designated times where
the channel will be open for vessel traffic and traffic will be able to
transit. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0843 to read as follows:

Sec.  165.T05-0843   Safety Zone, Dredging; Shark River, NJ.

    (a) Definitions. As used in this section, designated representative
means a Coast Guard petty officer, warrant or commissioned officer on
board a Coast Guard vessel and or on board another Federal, State, or
local law enforcement vessel assisting the Captain of the Port,
Delaware Bay with enforcement of the safety zone.
    (b) Location. The following areas are safety zone: All waters from
latitude 40[deg]10'54.20'' N., longitude 74[deg]1'51.05'' W., bounded
by the eastern side of the channel and the western side of the channel,
north, to latitude 40[deg]11'6.87'' N., longitude 74[deg]1'53.54'' W.,
in the Shark River, in Neptune City, NJ. These coordinates are based on
the World Geodetic System 1984 (WGS 84) horizontal datum reference.
    (c) Regulations. The general safety zone regulations found in Sec.
165.23 apply to the safety zone created by this temporary section.
    (1) All vessels and persons are prohibited from entering into or
moving within the safety zone described in paragraph (a) of this
section while it is subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
    (2) Persons or vessels seeking to enter or pass through the safety
zone must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).
    (3) Vessels may transit this portion of the Shark River from
September 5, 2017, through September 23, 2017, weekly, from 9 p.m. on
Thursdays through 9 a.m. on Mondays. During the periods when the
channel is open mariners are urged to transit at their slowest safe
speed, with no wake, no meeting or passing of other vessels, and
proceed with caution after passing arrangements have been made.
Mariners must communicate clearly, and in advance, with the dredge via
VHF 6 or 13.
    (4) This section applies to all vessels except those engaged in the
following operations: Enforcing laws, servicing aids to navigation and
emergency response vessels.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement periods. This section will be enforced weekly, from
9 a.m. on Mondays through 9 p.m. on Thursdays, from September 5, 2017,
through September 23, 2017, unless cancelled earlier by the Captain of
the Port.

    Dated: August 30, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18732 Filed 9-1-17; 8:45 am]
 BILLING CODE 9110-04-P