[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41138-41145]
[FR Doc No: 2013-16377]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69910; File No. SR-NYSEArca-2013-48]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, To List and Trade Shares of iShares Dow Jones-UBS Roll Select
Commodity Index Trust Pursuant to NYSE Arca Equities Rule 8.200

July 2, 2013.

I. Introduction

    On May 1, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant

to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'')
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to list and
trade shares (``Shares'') of iShares Dow Jones-UBS Roll Select
Commodity Index Trust (``Trust'') under NYSE Arca Equities Rule 8.200.
On May 3, 2013, the Exchange filed Amendment No. 1 to the proposed rule
change.\3\ The proposed rule change, as modified by Amendment No. 1
thereto, was published for comment in the Federal Register on May 20,
2013.\4\ The Commission received no comments on the proposed rule
change. This order grants approval of the proposed rule change, as
modified by Amendment No. 1 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange made a technical correction
and clarified that UBS Securities has implemented a fire wall with
respect to its personnel regarding access to information concerning,
among other things, the calculation of the values of the Index, DJ-
UBS CI, and DJ-UBS Roll Select CI (as such terms are defined below).
    \4\ See Securities Exchange Act Release No. 69573 (May 14,
2013), 78 FR 29411 (``Notice'').
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II. Description of Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Trust
pursuant to NYSE Arca Equities Rule 8.200, Commentary .02.\5\ The
Shares represent beneficial ownership interests in the Trust.\6\ The
Trust is a Delaware statutory trust. The Trust is operated by
iShares(copyright) Delaware Trust Sponsor LLC (``Sponsor''), a Delaware
limited liability company and an indirect subsidiary of BlackRock, Inc.
(``BlackRock''). The Sponsor is a commodity pool operator registered
with the Commodity Futures Trading Commission (``CFTC'') and a member
of the National Futures Association (``NFA''). BlackRock Asset
Management International Inc., a Delaware corporation and an indirect
subsidiary of BlackRock, is the sole member and manager of the Sponsor.
BlackRock Institutional Trust Company, N.A., a national banking
association, an indirect subsidiary of BlackRock, and an affiliate of
the Sponsor, is the trustee of the Trust (``Trustee''). BlackRock Fund
Advisors (``Adviser''),\7\ a California corporation, an indirect
subsidiary of BlackRock, and an affiliate of the Sponsor, serves as the
commodity trading advisor of the Trust, is registered as a commodity
trading advisor with the CFTC, and is a member of the NFA.\8\ State
Street Bank and Trust Company, a trust company organized under the laws
of Massachusetts, is the administrator (``Administrator'') of the
Trust.
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    \5\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars, and floors; and swap agreements.
    \6\ See the pre-effective amendment to the registration
statement on Form S-1 for the Trust, dated February 8, 2013 (File
No. 333-178376) relating to the Shares (``Registration Statement'').
    \7\ The Adviser is not a broker-dealer but is affiliated with a
broker-dealer and has implemented a firewall with respect to such
broker-dealer affiliate as well as procedures designed to prevent
the use and dissemination of material, non-public information
regarding the assets of the Trust.
    \8\ According to the Sponsor, the Sponsor will be responsible
for the overall management of the Trust and the Trustee will be
responsible for the day-to-day administration of the Trust. The
Adviser will act as the commodity trading advisor for the Trust with
discretionary authority to make determinations with respect to the
Trust's assets, but will not engage in any activities designed to
obtain a profit from, or ameliorate losses caused by, changes to the
level of the underlying index. The Sponsor represents that it will
implement and maintain procedures designed to prevent the use and
dissemination of material, non-public information regarding the
assets of the Trust.
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    The investment objective of the Trust will be to seek investment
results that correspond generally, but are not necessarily identical,
to the performance of the Dow Jones-UBS Roll Select Commodity Index
Total Return (``Index''), which reflects the returns on a fully
collateralized investment in the Dow Jones-UBS Roll Select Commodity
Index (``DJ-UBS Roll Select CI''), before the payment of expenses and
liabilities of the Trust. The DJ-UBS Roll Select CI is calculated based
on the same commodities, though not always the same futures contracts,
that are included in the Dow Jones-UBS Commodity Index (``DJ-UBS CI'').
The DJ-UBS CI is a liquidity- and production-weighted index of the
prices of a diversified group of futures contracts on physical
commodities. The DJ-UBS CI forms the base commodities index from which
the DJ-UBS Roll Select CI and the Index are derived.
    The assets of the Trust will consist of long positions in Futures
Exchange \9\-traded futures contracts of various expirations (``Index
Futures'') \10\ on the DJ-UBS Roll Select CI, together with cash, U.S.
Treasury securities, or other short-term securities and similar
securities that are eligible as margin deposits for those Index Futures
positions (``Collateral Assets'').\11\ The Trust is expected to roll
out of existing positions and establish new positions in Index Futures
on an ongoing basis.\12\
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    \9\ As used herein, ``Futures Exchange'' means the Chicago
Mercantile Exchange (``CME'') or one of the CME Group Inc.'s other
designated contract markets, or any additional or successor
designated contract markets through which the Trust trades Index
Futures (as defined herein). The designated contract markets of the
CME Group Inc. are the CME, Chicago Board of Trade (``CBOT''), New
York Mercantile Exchange Inc. (``NYMEX'') and Commodity Exchange,
Inc. (``COMEX'').
    \10\ The Trust's Index Futures will be subject to the rules of
the relevant Futures Exchange, which will initially be CME. The
Index Futures will initially trade on GLOBEX, the CME's electronic
trading system, and are not expected to trade through open outcry on
the floor of the CME.
    \11\ The Sponsor represents that the Trust will invest in Index
Futures and Collateral Assets, in a manner consistent with the
Trust's investment objective and not to achieve additional leverage.
    \12\ The Index Futures initially held by the Trust will have
quarterly expirations and be listed for trading by the CME.
Subsequent Index Futures held by the Trust may have longer or
shorter expirations, different terms, and may be listed on other
Futures Exchanges.
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    In order to collateralize its Index Futures positions and to
reflect the U.S. Treasury component of the Index, the Trust will hold
Collateral Assets, from which it will post margin to its clearing
futures commission merchant (``Clearing FCM''), in an amount equal to
the margin required by the relevant Futures Exchange, and transfer to
its Clearing FCM any additional amounts that may be separately required
by the Clearing FCM.\13\ Any Collateral Assets not required to be
posted as margin with the Clearing FCM will be held in the Trust's
accounts established at its Administrator.
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    \13\ When establishing positions in Index Futures, the Trust
will be required to deposit initial margin with a value of
approximately 3% to 10% of the value of each Index Futures position
at the time it is established. These margin requirements are subject
to change from time to time by the Exchange or the Clearing FCM. On
a daily basis, the Trust will be obligated to pay, or entitled to
receive, variation margin in an amount equal to the change in the
daily settlement level of its Index Futures positions.
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    The Trust will be a passive investor in Index Futures and the
Collateral Assets held to satisfy applicable margin requirements on
those Index Futures positions. At any time when Index Futures of more
than one expiration date are listed on the Futures Exchange, the
Sponsor will determine, pursuant to the terms of the trust agreement,
which Index Futures of a given expiration will be transferred into or
out of the Trust in connection with either the creation or redemption
of Shares. The Adviser will not engage in any activities designed to
obtain a profit from, or to ameliorate losses caused by, changes in the
level of the Index or the DJ-UBS Roll Select CI or the value of the
Collateral Assets.
    The profit or loss on the Trust's Index Futures positions should
correlate with increases and decreases in the value of the DJ-UBS Roll
Select CI, although this correlation is not expected to be exact. The
return on the Index Futures, together with interest on the Collateral
Assets, is expected to result in a total return that corresponds
generally, but is not identical, to the Index.

The Index, DJ-UBS CI, and DJ-UBS Roll Select CI

    The Index reflects the value of the DJ-UBS Roll Select CI together
with the returns on specified U.S. Treasury securities that are deemed
to have been held to collateralize a hypothetical long position in the
futures contracts comprising the DJ-UBS Roll Select CI.
    The DJ-UBS Roll Select CI is calculated based on the same
commodities, though not always the same futures contracts, that are
included in the DJ-UBS CI, which is a liquidity- and production-
weighted index of the prices of a diversified group of futures
contracts on physical commodities. The DJ-UBS Roll Select CI seeks to
minimize the effect of contango and maximize the effect of
backwardation by selecting replacement futures contracts that exhibit
the most backwardation or least contango among those eligible futures
contracts with delivery months of up to 273 calendar days until
expiration.\14\
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    \14\ Markets for futures contracts can exhibit
``backwardation,'' which means that futures contracts with distant
delivery months are priced lower than those with nearer delivery
months, or can exhibit ``contango,'' which means that futures
contracts with distant delivery months are priced higher than those
with nearer delivery months.
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    The DJ-UBS Roll Select CI incorporates the economic effect of
``rolling'' the futures contracts included in the applicable index and
the DJ-UBS CI reflects the economic effect of ``rolling'' futures
contracts into front-month futures contracts. ``Rolling'' a futures
contract means closing out a position in an expiring futures contract
and establishing an equivalent position in a new futures contract on
the same commodity.
    The DJ-UBS Roll Select CI differs from the DJ-UBS CI in that it
does not roll into the futures contract with the nearest designated
delivery month. Rather, the DJ-UBS Roll Select CI rolls into those
eligible futures contracts with delivery months of up to 273 calendar
days until expiration that exhibit the most backwardation or that
exhibit the least contango.
    The DJ-UBS Roll Select CI, the DJ-UBS CI, and the Index are
administered, calculated, and published by UBS Securities LLC (``UBS
Securities'') and DJI Opco, LLC, a wholly-owned subsidiary of S&P Dow
Jones Indices LLC (``S&P Dow Jones Indices'' and, together with UBS
Securities, ``Index Co-Sponsors'').\15\
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    \15\ According to the Sponsor, S&P Dow Jones Indices and its
subsidiary DJI Opco, LLC are not broker-dealers and UBS Securities
is a broker-dealer. UBS Securities has implemented a fire wall with
respect to its personnel regarding access to information concerning
the composition and/or changes to the Index, DJ-UBS CI, and DJ-UBS
Roll Select CI and the calculation of the values of the foregoing
indexes, and will be subject to procedures designed to prevent the
use and dissemination of material, non-public information regarding
the Index, DJ-UBS CI, and DJ-UBS Roll Select CI. The Index Co-
Sponsors have implemented and maintain procedures designed to
prevent the use and dissemination of material, non-public
information regarding the DJ-UBS Roll Select CI, the DJ-UBS CI, and
the Index.
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The DJ-UBS CI

    The DJ-UBS CI, on which the DJ-UBS Roll Select CI is based, was
created by AIG International Inc. in 1998 and acquired by UBS
Securities in May 2009, at which time UBS Securities and Dow Jones
entered into a joint marketing agreement to market the DJ-UBS CI and
related indices. Dow Jones subsequently assigned its interest in the
joint marketing agreement to CME Indexes. The Index Co-Sponsors are
together responsible for calculating the DJ-UBS CI and related indices
and sub-indices, including the Index and the DJ-UBS Roll Select CI.
    The DJ-UBS CI is a benchmark index composed of futures contracts on
the underlying physical commodities, the selection and weighting of
which are currently determined based on the five-year average of the
trading volume, adjusted by the historic U.S. dollar value of the
futures contract designated for inclusion in the DJ-UBS CI, and the
five-year average of production figures, adjusted by the historic U.S.
dollar value of the futures contract designated for inclusion in the
DJ-UBS CI. For each of the included commodities, specified futures
contracts with specified delivery dates are designated for inclusion in
the DJ-UBS CI. The DJ-UBS CI is reweighted and rebalanced annually, on
a price-percentage basis, to reflect changes in trading volume and
production figures.
    The DJ-UBS CI reflects the increased or decreased return associated
with ``rolling'' futures contracts. The DJ-UBS CI reflects the economic
impact of the roll process by reducing the weights applied to expiring
futures contracts while correspondingly increasing the weights applied
to the futures contracts that are replacing such expiring futures
contracts. This roll simulation is generally conducted at the beginning
of each month over the course of five business days, lasting from the
sixth business day until the tenth business day of each month. The DJ-
UBS CI conducts its roll simulations each month by rolling out of the
designated futures contracts expiring in that month and rolling into
those designated futures contracts with the next closest designated
delivery month.

The DJ-UBS Roll Select CI

    The DJ-UBS Roll Select CI implements its rolling methodology by
selecting from the eligible contracts for each commodity on its
applicable ``contract selection date,'' the contract that exhibits the
greatest amount of backwardation or least amount of contango, on an
annualized basis, relative to the contract with the immediately
preceding delivery date on the same commodity. This is accomplished by
first dividing the price of each eligible contract from the price of
the contract immediately preceding such eligible contract, to determine
the percentage difference between the two prices. Because this price
difference may be affected by the relative time between the eligible
contract and its immediately preceding contract, this price difference
is multiplied by 365 and divided by the number of actual days between
the delivery dates of the two contracts, to arrive at a measure of the
relative annualized contango/backwardation, referred to as the
``annualized spread,'' exhibited between the eligible contract and the
contract immediately preceding it. Based on a comparison of these
annualized spreads, the eligible contract that has the highest
annualized spread relative to its immediately preceding contract is the
one selected as the contract for the DJ-UBS Roll Select CI to establish
new positions in. This roll selection process generally occurs every
month on the fourth business day of the month, subject to changes or
adjustments to this process implemented by the Index Co-Sponsors.
    The Index Futures in which the Trust will invest will be based on
the DJ-UBS Roll Select CI. The DJ-UBS Roll Select CI is a version of
the DJ-UBS CI that tries to mitigate the effects of contango arising
from the rolling process. Rather than incorporating the economic effect
of rolling into futures contracts with the next closest designated
delivery month, the DJ-UBS Roll Select CI incorporates the economic
effect of rolling into applicable futures contracts that exhibit the
least contango or, if applicable, the most backwardation, in each case
relative to the contracts of the immediately preceding delivery month.
    Because the DJ-UBS Roll Select CI utilizes a different designated
contract selection process than the DJ-UBS CI, the futures contracts
comprising the DJ-UBS Roll Select CI at any particular time may have
different delivery months than those comprising the DJ-UBS CI, and the
levels of the DJ-UBS Roll Select CI and the DJ-UBS CI may
correspondingly differ. In addition, as a

result of this difference in rolling processes, both the performance of
the DJ-UBS Roll Select CI and the DJ-UBS CI and the dollar-value
weights of their respective underlying futures contracts are expected
to differ over time.

Determination of DJ-UBS CI Index Constituents

    The Index Co-Sponsors have established a two-tier oversight
structure for the DJ-UBS CI, the DJ-UBS Roll Select CI, and the Index
comprised of the ``Supervisory Committee'' and the ``Advisory
Committee.'' \16\ The composition of the DJ-UBS CI is determined by UBS
Securities each year under the supervision of, and in accordance with
the procedures adopted by, the Supervisory Committee. The final
composition of the DJ-UBS CI for each calendar year is subject to the
approval of the Supervisory Committee in consultation with the Advisory
Committee, and once this approval has been obtained, the new
composition of the DJ-UBS CI is publicly announced, and takes effect in
the month of January of the relevant calendar year.
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    \16\ The Supervisory Committee and the Advisory Committee are
subject to procedures designed to prevent the improper use and
dissemination of material, non-public information regarding the
Index, DJ-UBS Roll Select CI, and DJ-UBS CI.
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    The relative weight of a commodity eligible for inclusion in the
DJ-UBS CI, or its commodity index percentage (``CIP''), is initially
determined based on (i) the relative production percentages of the
commodities eligible for inclusion in the DJ-UBS CI and (ii) the
relative liquidity of the futures contracts that have been designated
as the eligible reference contracts for those commodities. This initial
CIP calculation is then adjusted to give effect to caps and floors on
such CIPs and to adjust the weights for gold and silver, the relative
production numbers of which, according to the Dow Jones-UBS Commodity
Index\SM\ Handbook, last published by the Index Co-Sponsors as of May
2012, understate their economic significance.
    The commodities and related designated futures contracts currently
included in the DJ-UBS CI and their respective final CIPs for 2013 are
as follows:

----------------------------------------------------------------------------------------------------------------
                                  Designated                                           CIP**      Trading hours
          Commodity                contract          Exchange*          Units        (percent)      (E.T.) ***
----------------------------------------------------------------------------------------------------------------
Aluminum.....................  High Grade        LME.............  25 metric tons.        4.913  First session:
                                Primary                                                           6:55AM to
                                Aluminum.                                                         7:00AM, 7:55AM
                                                                                to 8:00AM;
                                                                                second
                                                                                session:
                                                                                10:15AM to
                                                                                10:20AM,
                                                                                10:55AM to
                                                                                11:00AM.
Coffee.......................  Coffee ``C''....  ICE Futures U.S.  37,500 lbs.....        2.442  3:30AM to
                                                                                2:00PM.
Copper.......................  Copper..........  COMEX...........  25,000 lbs.....        7.277  6:00PM to
                                                                                5:15PM Next
                                                                                Day.
Corn.........................  Corn............  CBOT............  5,000 bushels..        7.053  Sun-Fri: 8:00PM
                                                                                to 8:45AM Next
                                                                                Day; Mon-Fri:
                                                                                9:30AM to
                                                                                2:15PM.
Cotton.......................  Cotton..........  ICE Futures U.S.  50,000 lbs.....        1.766  9:00PM to
                                                                                2:30PM Next
                                                                                Day.
Crude Oil....................  Light, Sweet      NYMEX...........  1,000 barrels..        9.206  6:00PM to
                                Crude Oil.                                                        5:15PM Next
                                                                                Day.
                               Brent Crude Oil.  ICE Futures U.S.  1,000 barrels..        5.794  8:00PM to
                                                                                6:00PM Next
                                                                                Day.
Gold.........................  Gold............  COMEX...........  100 troy oz....       10.819  6:00PM to
                                                                                5:15PM Next
                                                                                Day.
Heating Oil..................  Heating Oil.....  NYMEX...........  42,000 gallons.        3.519  6:00PM to
                                                                                5:15PM Next
                                                                                Day.
Live Cattle..................  Live Cattle.....  CME.............  40,000 lbs.....        3.283  Mon: 10:05AM to
                                                                                5:00PM; Tue-
                                                                                Thurs: 6:00PM
                                                                                to 5:00PM Next
                                                                                Day; Fri:
                                                                                6:00PM to
                                                                                2:55PM Next
                                                                                Day.
Lean Hogs....................  Lean Hogs.......  CME.............  40,000 lbs.....        1.900  Mon: 10:05AM to
                                                                                5:00PM; Tue-
                                                                                Thurs: 6:00PM
                                                                                to 5:00PM Next
                                                                                Day; Fri:
                                                                                6:00PM to
                                                                                2:55PM Next
                                                                                Day.
Natural Gas..................  Henry Hub         NYMEX...........  10,000 mmbtu...       10.424  6:00PM to
                                Natural Gas.                                                      5:15PM Next
                                                                                Day.
Nickel.......................  Primary Nickel..  LME.............  6 metric tons..        2.244  First session:
                                                                                6:15AM to
                                                                                6:20AM, 8:00AM
                                                                                to 8:05AM;
                                                                                second
                                                                                session:
                                                                                10:25AM to
                                                                                10:30AM,
                                                                                11:05AM to
                                                                                11:10AM.
Silver.......................  Silver..........  COMEX...........  5000 troy oz...        3.898  6:00PM to
                                                                                5:15PM Next
                                                                                Day.
Soybeans.....................  Soybeans........  CBOT............  5,000 bushels..        5.495  Sun-Fri: 8:00PM
                                                                                to 8:45AM Next
                                                                                Day; Mon-Fri:
                                                                                9:30AM to
                                                                                2:15PM.
Soybean Meal.................  Soybean Meal....  CBOT............  100 short tons.        2.607  Sun-Fri: 8:00PM
                                                                                to 8:45AM Next
                                                                                Day.
Soybean Oil..................  Soybean Oil.....  CBOT............  60,000 lbs.....        2.743  Mon-Fri: 9:30AM
                                                                                to 2:15PM; Sun-
                                                                                Fri: 8:00PM to
                                                                                8:45AM Next
                                                                                Day; Mon-Fri:
                                                                                9:30AM to
                                                                                2:15PM.
Sugar........................  World Sugar No.   ICE Futures U.S.  112,000 lbs....        3.884  2:30AM to
                                11.                                                               2:00PM.
Unleaded Gasoline............  Reformulated      NYMEX...........  42,000 gallons.        3.461  6:00PM to
                                Blendstock for                                                    5:15PM Next
                                Oxygen Blending.                                                  Day.
Wheat (Chicago)..............  Soft Wheat......  CBOT............  5,000 bushels..        3.433  Sun-Fri: 8:00PM
                                                                                to 8:45AM Next
                                                                                Day; Mon-Fri:
                                                                                9:30AM to
                                                                                2:15PM.

Wheat (Kansas)...............  Hard Red Winter   KCBOT...........  5,000 bushels..        1.321  Sun-Fri: 8:00PM
                                Wheat.                                                            to 8:45AM Next
                                                                                Day; Mon-Fri:
                                                                                9:30AM to
                                                                                2:15PM.
Zinc.........................  Special High      LME.............  25 metric tons.        2.519  First session:
                                Grade Zinc.                                                       7:10AM to
                                                                                7:15AM, 7:50AM
                                                                                to 7:55AM;
                                                                                second
                                                                                session:
                                                                                10:05AM to
                                                                                10:10AM,
                                                                                10:45AM to
                                                                                10:50AM.
----------------------------------------------------------------------------------------------------------------
* ``LME'' refers to the London Metal Exchange, and ``ICE Futures U.S.'' refers to ICE Futures U.S., Inc.
** Rounded to the nearest thousandth of a percentage. May not total to 100 due to rounding.
*** Trading hours for the CME, CBOT, NYMEX, and COMEX represent weekday electronic trading hours through CME
  Globex (electronic platform). Trading hours for LME represent ring trading times during each of first and
  second sessions; excludes kerb trading times.

Calculation of the Index, DJ-UBS CI, and DJ-UBS Roll Select CI

    The level of the DJ-UBS CI was set to be equal to 100 as of
December 31, 1990. Subsequent levels of the DJ-UBS CI are determined by
multiplying the level of the DJ-UBS CI as of the previous day by a
fraction equal to (i) the weighted average value (``WAV'') of the DJ-
UBS CI as of the current day divided by (ii) the WAV of the DJ-UBS CI
as of the previous day, subject to adjustment for roll periods as
described below. The WAV of the DJ-UBS CI on any given day is
calculated by summing the products of the settlement prices of the
designated futures contracts for each commodity multiplied by the
commodity index multiplier (``CIM'') of such designated contract.
    The CIMs of the designated contracts in the DJ-UBS CI are
determined annually, generally on the fourth business day of each year
(the date of such determination, ``CIM Determination Date''). On the
CIM Determination Date, initial CIMs (``ICIMs'') are calculated for
each designated contract by multiplying such designated contract's CIP
by 1,000, then dividing such product by the designated contract's
settlement price as of the CIM Determination Date. To determine the
final CIM for each designated contract for the new year, each ICIM is
multiplied by an adjustment factor, which is a fraction equal to (i)
the WAV of the DJ-UBS CI as of the CIM Determination Date, as
calculated using the CIMs from the prior year, divided by (ii) 1,000.
This adjustment factor is intended to preserve WAV continuity from one
year to the next.
    During roll periods, which generally occur during the sixth through
tenth business days of each month, the level of the DJ-UBS CI is
calculated using a blended WAV formula that reflects the fact that the
DJ-UBS CI is rolling out of expiring contracts and into replacement
contracts. The WAV associated with the existing index components (``Old
WAV'') begins weighted at 100% as of the business day preceding the
roll period and decreases by 20% on each subsequent business day until
reduced to zero; it has no further effect on the level of the DJ-UBS CI
by the fifth business day of such roll period. The WAV associated with
the new index components (``New WAV'') begins weighted at 0% as of the
business day preceding the roll period and increases by 20% on each
subsequent business day such that by the fifth business day of such
roll period, the level of the DJ-UBS CI is determined based entirely on
the New WAV.
    Accordingly, during a roll period, the level of the DJ-UBS CI on
any given day can be calculated as the product of the level of the DJ-
UBS CI as of the previous day, multiplied by a fraction equal to: (i)
Old WAV x (1-0.2n) + New WAV x (0.2n), using the Old WAV and New WAV
values as of such day, divided by (ii) Old WAV x (1-0.2n) + New WAV x
(0.2n), using the Old WAV and New WAV values as of the previous day.
The variable ``n'' in this equation represents the number of business
days that have elapsed for such roll period through and including the
relevant date of determination. According to the Registration
Statement, the DJ-UBS Roll Select CI will be calculated using the same
general methodology as the DJ-UBS CI and using the same CIPs and CIMs
used in connection with calculating the DJ-UBS CI. However, because the
roll process for the DJ-UBS Roll Select CI is different from that of
the DJ-UBS CI, its constituent futures contracts may differ from those
included in the DJ-UBS CI. This difference is expected to cause the
dollar-value weights and the weighted average value of the futures
contracts included in each index to differ over time, and, as a result,
cause the performance of the two indices to diverge.
    The Index combines the returns of the DJ-UBS Roll Select CI with
the returns of the most recent weekly auction high rate for three-month
U.S. Treasury bills, as reported on the Web site http://publicdebt.treas.gov/AI/OFBills under the column headed ``Discount Rate
%'' published by the Bureau of the Public Debt of the U.S. Treasury, or
any successor source. The level of the Index, which was set at a
hypothetical level of 100 as of December 31, 1990, can be calculated on
any given day as the product of the level of the Index as of the
previous day, multiplied by the sum of (i) 1.00 plus (ii) the positive
or negative percentage return on the DJ-UBS Roll Select CI on such day
plus (iii) the daily return based on the auction high rate for three-
month U.S. Treasury bills described above.
    Additional information regarding the composition of the Index, DJ-
UBS Roll Select CI, DJ-UBS CI and their index methodologies is included
in the Registration Statement and at the Index Co-Sponsors' Web site,
www.djindexes.com.\17\
---------------------------------------------------------------------------

    \17\ See supra note 6.
---------------------------------------------------------------------------

    A more detailed description of the Shares, the Trust, the Index,
and the Index Futures, as well as of the investment strategies and
risks, creation and redemption procedures, and fees, among other
things, is included in the Notice and the Registration Statement, as
applicable.\18\
---------------------------------------------------------------------------

    \18\ See supra notes 4 and 6.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1 thereto, is consistent with the
requirements of Section 6 of the Act \19\ and the rules and regulations
thereunder applicable to a national securities exchange.\20\ In
particular, the Commission finds that the proposed rule change, as
modified by Amendment No. 1 thereto, is

consistent with Section 6(b)(5) of the Act,\21\ which requires, among
other things, that the Exchange's rules be 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 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 Commission notes that the Trust
and the Shares must comply with the requirements of NYSE Arca Equities
Rule 8.200 and Commentary .02 thereto to be listed and traded on the
Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f.
    \20\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\22\ which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information for the Shares will be available via the Consolidated
Tape Association (``CTA'') high-speed line. The intraday, closing
prices, and settlement prices of the Index Futures held by the Trust
and the futures contracts included in the Index, DJ-UBS Roll Select CI,
and DJ-UBS CI are or will be readily available from the Web sites of
the relevant futures exchanges, automated quotation systems, published
or other public sources, or on-line information services such as
Bloomberg or Reuters. The relevant futures exchanges also provide
delayed futures information on current and past trading sessions and
market news free of charge on their respective Web sites. The specific
contract specifications for the Index Futures and for the underlying
futures contracts in the Index, DJ-UBS Roll Select CI, and DJ-UBS CI
are also available on such Web sites, as well as other financial
informational sources. Information regarding the Collateral Assets will
be available from the applicable exchanges and market data vendors.
Further, the Trust will provide Web site disclosure of portfolio
holdings daily and will include, as applicable, the composite value of
the total portfolio; the name, quantity, price, and market value of
each Index Future and Collateral Asset, and the characteristics of such
Index Futures and Collateral Assets; and the amount of cash held in the
Trust's portfolio. This Web site disclosure of the portfolio
composition of the Trust will occur at the same time as the disclosure
by the Sponsor of the portfolio composition to authorized participants
so that all market participants are provided portfolio composition
information at the same time. The intra-day indicative value (``IIV'')
\23\ per Share of the Trust will be widely disseminated by one or more
major market data vendors at least every 15 seconds during the Core
Trading Session (from 9:30 a.m. E.T. to 4:00 p.m. E.T.).\24\ In
addition, the Index Co-Sponsors will calculate and publish the value of
the Index, the DJ-UBS Roll Select CI, and DJ-UBS CI continuously on
each business day, with such values updated at least every 15 seconds
during the Core Trading Session and disseminated by S&P Dow Jones
Indices to market data vendors. The contents and percentage weighting
of the Index, the DJ-UBS Roll Select CI, and DJ-UBS CI, will be
available at the Index Co-Sponsors' Web site, www.djindexes.com, and
distributed to third-party data providers. The Trustee will determine
the net asset value per Share (``NAV'') as of 4:00 p.m. E.T. on each
business day on which the Exchange is open for regular trading or as
soon as practicable after that time.\25\ The NAV will be disseminated
to all market participants at the same time. The Exchange will make
available on its Web site daily trading volume of the Shares and the
closing prices of the Shares.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \23\ The IIV will be based on the prior day's final NAV per
Share, adjusted every 15 seconds during the Core Trading Session to
reflect the continuous price changes of the Trust's Index Futures
and other holdings. In addition, although not likely, circumstances
may arise in which the NYSE Arca Core Trading Session is in
progress, but trading in Index Futures is not occurring. Such
circumstances may result from reasons including, but not limited to,
the applicable Futures Exchange having a separate holiday schedule
than the NYSE Arca or closing prior to the close of the NYSE Arca,
price fluctuation limits being reached in an Index Future, or the
applicable Futures Exchange imposing any other suspension or
limitation on trading in an Index Future. In such instances, the
value of the applicable Index Futures held by the Trust would be
static or priced by the Trust at the applicable early cut-off time
of the Futures Exchange trading the applicable Index Future.
Moreover, any cash held by the Trust for collateralization purposes
will be invested in Collateral Assets that do not have market
exposure, such that their value would not change throughout the
trading day. As such, during such periods, the disseminated IIV for
the Trust will be static.
    \24\ According to the Exchange, several major market data
vendors display and/or make widely available IIVs published on CTA
or other data feeds.
    \25\ The Trustee will value the Trust's long positions in Index
Futures on the basis of that day's settlement prices for the Index
Futures held by the Trust, as announced by the applicable Futures
Exchange. The value of the Trust's positions in any particular Index
Future will equal the product of (a) the number of such Index
Futures of such expiration owned by the Trust, (b) the settlement
price of such Index Futures on the date of calculation and (c) the
multiplier of such Index Futures. If there is no announced
settlement price for a particular Index Future contract on a
business day, the Trustee will use the most recently announced
settlement price unless the Trustee, in consultation with the
Sponsor, determines that such price is inappropriate as a basis for
valuation. The daily settlement prices for the Index Futures
initially held by the Trust will be established by the CME shortly
after the close of trading for such Index Futures, which is
generally 2:40 p.m. E.T. The Trustee will value all other holdings
of the Trust at (a) current market value, if quotations for such
property are readily available, or (b) fair value, as reasonably
determined by the Trustee, if the current market value cannot be
determined. Once the value of the Index Futures and interest earned
on the Trust's Collateral Assets has been determined, the Trustee
will subtract all accrued expenses and liabilities of the Trust as
of the time of calculation in order to calculate the net asset value
of the Trust. The Trustee will determine the NAV by dividing the net
asset value of the Trust by the number of Shares outstanding at the
time the calculation is made. Any changes to NAV that may result
from creation and redemption activity occurring on any business day
will not be reflected in NAV until the following business day.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. If the Exchange becomes aware that the NAV with respect to the
Shares is not disseminated to all market participants at the same time,
it will halt trading in the Shares until such time as the NAV is
available to all market participants. Further, the Exchange represents
that it may halt trading during the day in which an interruption to the
dissemination of the IIV, the Index value, or the value of the Index
Futures occurs. If the interruption persists past the trading day in
which it occurred, the Exchange will halt trading no later than the
beginning of the trading day following the interruption. The Exchange
may halt trading in the Shares if trading is not occurring in the Index
Futures, or if other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present.\26\ The
Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its

employees. The Exchange states that the Sponsor will implement and
maintain procedures designed to prevent the use and dissemination of
material, non-public information regarding the assets of the Trust. The
Exchange states that the Adviser is not a broker-dealer but is
affiliated with a broker-dealer and has implemented a firewall with
respect to such broker-dealer affiliate as well as procedures designed
to prevent the use and dissemination of material, non-public
information regarding the assets of the Trust. The Exchange states that
S&P Dow Jones Indices and its subsidiary DJI Opco, LLC are not broker-
dealers, and that UBS Securities is a broker-dealer and has implemented
a fire wall with respect to its personnel regarding access to
information concerning the composition and/or changes to the Index, DJ-
UBS CI, and DJ-UBS Roll Select CI and the calculation of the values of
the foregoing indexes, and will be subject to procedures designed to
prevent the use and dissemination of material, non-public information
regarding the Index, DJ-UBS CI, and DJ-UBS Roll Select CI. The Exchange
states that the Index Co-Sponsors have implemented and maintain
procedures designed to prevent the use and dissemination of material,
non-public information regarding the DJ-UBS Roll Select CI, the DJ-UBS
CI, and the Index. The Exchange states that the Supervisory Committee
and the Advisory Committee are subject to procedures designed to
prevent the use and dissemination of material, non-public information
regarding the Index, DJ-UBS Roll Select CI, and DJ-UBS CI. Moreover,
the trading of the Shares will be subject to NYSE Arca Equities Rule
8.200, Commentary .02(e), which sets forth certain restrictions on
Equity Trading Permit (``ETP'') Holders \27\ acting as registered
Market Makers \28\ in Trust Issued Receipts to facilitate surveillance.
The Commission notes that the Financial Industry Regulatory Authority
(``FINRA''), on behalf of the Exchange,\29\ will communicate as needed
regarding trading in the Shares with other markets that are members of
the Intermarket Surveillance Group (``ISG'') or with which the Exchange
has in place a comprehensive surveillance sharing agreement.\30\
---------------------------------------------------------------------------

    \26\ With respect to trading halts, the Exchange may consider
all relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading in the Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to
the Exchange's ``circuit breaker'' rule in NYSE Arca Equities Rule
7.12. Trading also may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable.
    \27\ See NYSE Arca Equities Rule 1.1(n) (defining ETP Holder).
    \28\ See NYSE Arca Equities Rule 1.1(v) (defining Market Maker).
    \29\ The Exchange states that, while FINRA surveils trading on
the Exchange pursuant to a regulatory services agreement, the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
    \30\ The Exchange states that CME, CBOT, NYMEX, and ICE Futures
U.S. are members of ISG, and that the Exchange may obtain market
surveillance information with respect to transactions occurring on
the COMEX pursuant to the ISG memberships of CME and NYMEX. In
addition, the Exchange states that it has entered into a
comprehensive surveillance sharing agreement with the LME that
applies with respect to trading in futures contracts currently
included in the DJ-UBS CI and DJ-UBS Roll Select CI.
---------------------------------------------------------------------------

    The Commission notes that, prior to the commencement of trading,
the Exchange will inform its ETP Holders of the suitability
requirements of NYSE Arca Equities Rule 9.2(a) in an Information
Bulletin.\31\ Specifically, the Exchange will remind ETP Holders that,
in recommending transactions in these securities, they must have a
reasonable basis to believe that (1) the recommendation is suitable for
a customer given reasonable inquiry concerning the customer's
investment objectives, financial situation, needs, and any other
information known by such member, and (2) the customer can evaluate the
special characteristics, and is able to bear the financial risks, of an
investment in the Shares. In connection with the suitability
obligation, the Information Bulletin will also provide that members
must make reasonable efforts to obtain the following information: (a)
The customer's financial status; (b) the customer's tax status; (c) the
customer's investment objectives; and (d) such other information used
or considered to be reasonable by such member or registered
representative in making recommendations to the customer.
---------------------------------------------------------------------------

    \31\ NYSE Arca Equities Rule 9.2(a) provides that an ETP Holder,
before recommending a transaction in any security, must have
reasonable grounds to believe that the recommendation is suitable
for the customer based on any facts disclosed by the customer as to
its other security holdings and as to its financial situation and
needs. Further, the rule provides, with a limited exception, that
prior to the execution of a transaction recommended to a non-
institutional customer, the ETP Holder must make reasonable efforts
to obtain information concerning the customer's financial status,
tax status, investment objectives, and any other information that
such ETP Holder believes would be useful to make a recommendation.
---------------------------------------------------------------------------

    FINRA has issued a regulatory notice providing guidance to firms
about the supervision of complex products, as described in FINRA
Regulatory Notice 12-03 (January 2012) (``FINRA Regulatory Notice'').
While the FINRA Regulatory Notice does not provide a definition of what
constitutes a ``complex product,'' it does identify characteristics
that may make a product ``complex'' for purposes of determining whether
the product should be subject to heightened supervisory and compliance
procedures.\32\ The Trust's characteristics may raise issues similar to
those raised in the FINRA Regulatory Notice. Therefore, the Exchange
has represented that the Information Bulletin will state that ETP
Holders that carry customer accounts should follow the FINRA Regulatory
Notice with respect to suitability.
---------------------------------------------------------------------------

    \32\ See FINRA Regulatory Notice, at 3-4.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of the Exchange's proposal to list and trade the Shares, the
Exchange has made representations, including that:
    (1) The Trust will meet the initial and continued listing
requirements applicable to Trust Issued Receipts in NYSE Arca Equities
Rule 8.200 and Commentary .02 thereto.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The trading in the Shares will be subject to the existing
trading surveillances, administered by FINRA on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws, and that these procedures are
adequate to properly monitor Exchange trading of the Shares in all
trading sessions and to deter and detect violations of Exchange rules
and applicable federal securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The risks involved in trading the Shares during the Opening and Late
Trading Sessions when an updated IIV will not be calculated or publicly
disseminated; (b) the procedures for purchases and redemptions of
Shares in creation baskets and redemption baskets (and that Shares are
not individually redeemable); (c) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(d) how information regarding the IIV is disseminated; (e) that a
static IIV will be disseminated, between the close of trading on the
applicable futures exchange and the close of the NYSE Arca Core Trading
Session; (f) the requirement that ETP Holders deliver a prospectus to
investors purchasing newly issued Shares prior to or

concurrently with the confirmation of a transaction; and (g) trading
information. The Information Bulletin will also advise ETP Holders of
their suitability obligations with respect to recommended transactions
to customers in the Shares, and will state that ETP Holders that carry
customer accounts should follow the FINRA Regulatory Notice with
respect to suitability.
    (5) With respect to application of Rule 10A-3 under the Act,\33\
the Trust relies on the exception contained in Rule 10A-3(c)(7).\34\
---------------------------------------------------------------------------

    \33\ 17 CFR 240.10A-3.
    \34\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    (6) The Sponsor represents that the Trust will invest in Index
Futures and Collateral Assets in a manner consistent with the Trust's
investment objective and not to achieve additional leverage.
    (7) With respect to Index Futures traded on exchanges, not more
than 10% of the weight of such Index Futures in the aggregate shall
consist of futures contracts whose principal trading market (a) is not
a member of ISG or (b) is a market with which the Exchange does not
have a comprehensive surveillance sharing agreement, provided that, so
long as the Exchange may obtain market surveillance information with
respect to transactions occurring on the COMEX pursuant to the ISG
memberships of CME and NYMEX, futures contracts whose principal trading
market is COMEX shall not be subject to the prohibition in (a) above.
    (8) A minimum of 100,000 Shares of the Trust will be outstanding at
the commencement of trading on the Exchange.

This approval order is based on all of the Exchange's representations
and description of the Trust, including those set forth above and in
the Notice.\35\
---------------------------------------------------------------------------

    \35\ The Commission notes that it does not regulate the market
for futures in which the Trust plans to take positions, which is the
responsibility of the CFTC. The CFTC has the authority to set limits
on the positions that any person may take in futures. These limits
may be directly set by the CFTC or by the markets on which the
futures are traded. The Commission has no role in establishing
position limits on futures even though such limits could impact an
exchange-traded product that is under the jurisdiction of the
Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1 thereto, is consistent with
Section 6(b)(5) of the Act \36\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\37\ that the proposed rule change (SR-NYSEArca-2013-48), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-16377 Filed 7-8-13; 8:45 am]
BILLING CODE 8011-01-P


From<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Thursday, June 03, 2010 3:38 PM
To<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc<EMAIL_ADDRESS>Icenhour, Melissa K<EMAIL_ADDRESS>Subject: Short Summary of Teleconference with TFI re: Subcategorization/Nitric Acid plants

TFI seems to want to subcategorize existing low and medium pressure units from the rest of nitric acid.
       TFI was not sure if any low and med lines have been subject to this NSPS thru mod/reconstruct
       We said it was very difficult if not impossible to have a subcategory based on hypothetical
       TFI will gather info on whether any low/ med line has been subject to this NSPS thru mod/reconstruct
       TFI said NSCR could not be changed if mod/reconst occur.  I said I was not sure that was true.
       TFI - new lines will be high or dual pressures
       TFI will submit written material on their proposal.
       I mentioned historical test data using Method 7 E without the proper procedures was of little value.
Tina, Melissa, Susan,
Feel free to add your comments.

Bill Neuffer
Metals and Minerals Group
Office of Air Quality Planning and Standards (D 243-02) US Environmental Protection Agency Research Triangle Park, NC 27711

Phone -<PHONE_NUMBER>
Fax -<PHONE_NUMBER>
E-mail -<EMAIL_ADDRESS>Office Location:  109 TW Alexander Drive RTP, NC (D 231C)

Overnight mail address:
US EPA
Mail Code D243-02
109 TW Alexander Drive
RTP, NC 27709


[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Rules and Regulations]
[Pages 68995-68997]
[FR Doc No: 2013-27580]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0914]
RIN 1625-AA00

Safety Zone: Vessel Removal From the Oakland Estuary, Alameda, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of the Oakland Estuary just north of the Park Street
Bridge in Alameda, CA in support of the Oakland Estuary Closure for the
Vessel Removal Project on November 4, 2013 through November 22, 2013.
This safety zone is established to ensure the safety of workers,
mariners, and other vessels transiting the area from the dangers
associated with cranes operating under heavy loads in close proximity
to both sides of the Oakland Estuary. Unauthorized persons or vessels
are prohibited from entering into, transiting through, or remaining in
the safety zone without permission of the Captain of the Port or their
designated representative.

DATES: This rule is effective on November 4, 2013 through November 22,
2013 and will be enforced for two 48-hour periods that will be
announced via Broadcast Notice to Mariner.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0914. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Junior Grade Joshua Dykman,
U.S. Coast Guard Sector San Francisco; telephone<PHONE_NUMBER> or
email at<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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(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 Coast Guard received the
information about the vessel removal project on 17 October, 2013, and
the vessel removal project would occur before the rulemaking process
would be completed. Because of the dangers posed by the cranes
operating under heavy loads in close proximity to both

sides of the Oakland Estuary, the safety zone is necessary to provide
for the safety of the workers, mariners, and other vessels transiting
the area. For the safety concerns noted, it is in the public interest
to have these regulations in effect during the event.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
    The Environmental Protection Agency will sponsor the Oakland
Estuary Closure for Vessel Removal Project on November 4, 2013 through
November 22, 2013, in the navigable waters of the Oakland Estuary just
north of the Park Street Bridge in Alameda, CA. Crane operations to
remove sunken vessels are scheduled to take place on November 4, 2013
through November 22, 2013 for two 48-hour periods. Upon commencement of
the crane operations, the safety zone will encompass the navigable
waters of the Oakland Estuary enclosed within the following points:
37[deg]46'27'' N, 122[deg]14'23'' W; 37[deg]46'23'' N, 122[deg]14'18''
W; 37[deg]46'20'' N, 122[deg]14'21'' W; and 37[deg]46'24'' N,
122[deg]14'28'' W (NAD83). The vessel removal project is necessary to
remove vessels that sank in the estuary that pose a potential hazard to
vessels in the navigable waterways. The safety zone is issued to
establish a temporary restricted area on the waters surrounding the
removal of the vessels. The safety zone is necessary to provide for the
safety of workers, mariners, and other vessels transiting the area from
the dangers associated with cranes operating under heavy loads in close
proximity to both sides of the Oakland Estuary.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters of
the Oakland Estuary enclosed within the following points:
37[deg]46'27'' N, 122[deg]14'23'' W; 37[deg]46'23'' N, 122[deg]14'18''
W; 37[deg]46'20'' N, 122[deg]14'21'' W; and 37[deg]46'24'' N,
122[deg]14'28'' W (NAD83) during the vessel removal project. Crane
operations to remove sunken vessels in the Oakland Estuary scheduled
are scheduled to take place from November 4, 2013 through November 22,
2013 for two 48-hour periods. At the conclusion of the crane operations
the safety zone shall terminate.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the vessel removal project. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the restricted area. These
regulations are needed to keep mariners and vessels away from the
immediate vicinity of the vessel removal operations to ensure the
safety of workers, mariners, and other vessels transiting the area.

D. 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 and executive orders.

1. Regulatory Planning and Review

    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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking.
    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 may affect owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing. This rule will not have a
significant economic impact on a substantial number of small entities
for the following reasons: (i) this rule will encompass only a small
portion of the waterway for a limited period of time, and (ii) the
maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

3. Assistance for Small Entities

    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,
above. 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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 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 of limited size and
duration. This rule 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.

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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T11-606 to read as follows:

Sec.  165.T11-606  Safety Zone; Vessel Removal from the Oakland
Estuary, Alameda, CA.

    (a) Location. This temporary safety zone is established for the
navigable waters of the Oakland Estuary just north of the Park Street
Bridge in Alameda, California as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18650. The safety zone will be
enclosed within the following points: 37[deg]46'27'' N, 122[deg]14'23''
W; 37[deg]46'23'' N, 122[deg]14'18'' W; 37[deg]46'20'' N,
122[deg]14'21'' W; and 37[deg]46'24'' N, 122[deg]14'28'' W (NAD83).
    (b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced on November 4, 2013 from 6 a.m. until 6 p.m.
on November 5, 2013 and during another 48-hour period within the
effective period of this rule that will be announced via broadcast. The
Captain of the Port San Francisco (COTP) will notify the maritime
community of periods during which this zone will be enforced via
Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: October 28, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-27580 Filed 11-15-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Notices]
[Page 8935]
[DOCID:fr27fe09-67]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-695-000]

Ohio MSW1 LLC; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

February 20, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Ohio MSW1 LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC, 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 12, 2009.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4172 Filed 2-26-09; 8:45 am]

BILLING CODE 6717-01-P


PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Will Alexander UNC TV 919 949 8090 Mary Alsentzer infor@ ptrf. org Pamlico Tar River Foundation P. O. Box 1854 Washington, NC 27889 252 946 7211 Saravanan Arunachalam,

Ph. D. Sarav@ email. unc. e du The Carolina Environmental Program Professor Environmental Modeling for Policy Development CB# 6116, 672 Bank of America Plaza UNC Chapel Hill Chapel Hill, NC 27599 6116 919 966 2126 Carol Ashcraft Carol_ Ashcraft@ n csu. edu Private Citizen 919 513 2466 Mercury Andrew Ballard aballard@ bna. com The Bureau of National Affairs, Inc.

1224 Stone Creek Way Raleigh, NC 27615 919 841 1240 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Elizabeth Barfield BEST Consulting Virginia Independent Power Producers 8545 Applecross Circle Apex, NC 27502 919 772 0560 Sam Bass sammybsi@ aol. co m Ravenscroft School 919 821 5311 Lauren Battle lpb5@ duke. edu Duke University 919 606 3522 Christopher Bender chris. bender@ ncm ail. net NCDENR DAQ 4403 Reedy Creek Rd.

Raleigh, NC 27607 919 733 3842 Mercury Charles Bettini patriotvoice@ ideac ode. com N/ A 919 341 5170 N/ A Alicia Bicksler babybix123@ aol. c om Ravenscroft School 7513 Spyglass Way Raleigh, NC 27615 919 876 1012 Both PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Jodi Biemen jbiemen@ earthlink.

net Mom & Private Citizen 919 419 1317 Jonathan Blackwell mail@ lineaist. net DADA Durham Association of Downtown Arts Nancy Blackwell nblackwell2000@ y ahoo. com 1130 Stardivant Dr.

Cary, NC 27511 919 461 3888 Both C. Michael Booth mike. booth@ ps. ge.

com General Electric International, Inc.

1001 Aviation Parkway, Suite 100 Morrisville, NC27560 919 460 1060 Amanda Budway 126 Woodland Dr.

Cary, NC 27512 919 481 4711 C. J. Cain Citizen N/ A Lylla Childress MOVE ON. ORG Concerned Citizen 118 Windswept Lane Cary, NC 27511 919 369 5966 Mercury PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Susan Clarke saclarke1@ yahoo. c om Private Citizen Margaret Clemen 3805 Westcrest St.

Durham, NC 27707 919 402 1435 Erin Clott bigred4334@ aol. co m Ravenscroft School Mercury Jerry F. Coker jerry. coker@ weyer haeuser. com Weyerhaeuser NC Timberlands Building Vanceboro, NC 28586 252 633 7541 Kathryn Coons kjcoons@ msn. com Private Citizen 919 220 2888 Mercury reduction Richard Crandall crandallrw@ yahoo.

com 1920 S Lakeshore Dr.

Chapel Hill, NC 919 929 5869 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Gina Difino gdifino@ dpsnc. net 4800 Chapel Hill Rd.

Durham, NC 27707 919 560 3966 Mercury Phillip Doerr Phil_ Doerr@ ncsu. e du NC State University Fisheries & Wildlife Sciences Program, Department of Forestry College of Natural Resources NC State University Raleigh, NC 27695 7646 919 515 7588 Paul Dowds dowdsp@ us. ibur. c om N/ A 919 254 8778 Mercury John Dreyfors,

MEM marc@ forestsofthe world. com Forests of the World. com 607 Eills Rd. Bldg. 53 A1 Durham, NC 27703 919 957 1500 Lisa Duck limoore@ ctt. net Guilford County Dept. Of Public Health Adam C. Farland farlandadam@ hot mail. com 1413 Basconh Dr.

Raleigh, NC 27614 919 602 6224 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Laura Fischer 11ou@ email. unc. e du 504 A. West Carmeron St.

Chapel Hill, NC 27516 919 434 9363 Mercury Alex Floyd alexf105@ aol. com Ravenscroft School 2317 Beechridge Rd.

Raleigh, NC 27608 919 783 6622 Both Elizabeth Forbes eforbes@ pinehurst.

net 910 783 6186 James Forsyth Jforsyth22@ aol. co m 73508 Doran Rd.

Raleigh, NC 919 846 1632 Both Sharon Fowler fowlersk@ gte. net MOVE ON Amy Frame frameycat@ hotmai l. com 802 NW Maynard Rd Cary, NC 27513 919 462 8258 Mercury Jill Freeman Raleigh, NC PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Amy Gallagher infor@ lowlande. co m Lowlande Creative www. lowlande. com 919 389 9925 Joyce McCune Gentry jgentry@ acaciaenvi ronmental. com ACACIA Environmental Group, LLC Suite 1310 Laidley Tower 500 Lee Street Charlestown, WV 25301 304 340 1076 Jeri Gray jerigray@ mindspri ng. com League of Women Voters of Wake County 919 832 8176 Mercury Clark Grew Ravenscroft School 1205 Kershaw Dr.

Raleigh, NC 919 787 7618 Both Nicole Grice nlgrice@ unity. ncsu . edu 4363 2 Avent Ferry Rd.

Raleigh, NC 27607 919 854 1903 Both Sharron Hambleton N/ A 919 981 7323 N/ A PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE John C. Hampp jhampp@ fpl. com Florida Power & Light Company JES/ JB P. O. Box 14000 Juno Beach, FL 33408 0420 561 691 2894 Nicole Harmoney harmonygarden@ e arthlink. net 108 W. Poplar Ave.

Carrboro, NC 27510 919 969 7228 Mercury Dr. Robert G.

Healy Duke University Nicholas School of the Environment & Earth Science 839 Sedgefield St.

Durham, NC 27705 919 416 4543 Mercury Bruce Henderson bhenderson@ charl otteobserver. com The Charlotte Observer 600 S. Tryon St.

P. O. Box 30308 Charlotte, NC 28230 0308 704 358 5051 Ed Hoffman ehoffman@ adirond ackcouncil. org The Adirondack Council 103 Hand Ave.

P. O. Box D 2 Elizabethtown, NY 12932 518 873 2240 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Mary Hays Huguley mh42995@ appstate . edu Appalachian Voices 703 King St.

Boone, NC 28607 Kyle B. Isakower isakowerk@ api. org American Petroleum Institute 1220 L Street, Northwest Washington, DC 20005 4070 202 682 8314 Genie Jansen Concerned Citizen 407 Clayton Chapel Hill, NC 919 929 5860 Mercury Angela M. Jeannet amtjeannet@ earthli nk. net J. Ron Jernigan,

P. E., DEE ron. jernigan@ ther mo. com Thermo Electron Corporation 113 Spring Hollow Lane Cary, NC 27511 919 858 7384 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Ann Moss Joyner ann@ mcmoss. org Cedar Grove Institute for Sustainable Communities 6919 Lee St.

Mebane, NC 919 563 4109 Mercury Hardee Klitzman 3015 Wade Rd. 919 489 0680 Mercury Adam C. Kota adam_ kota@ yahoo . com West Virginia Highlands Conservation 919 851 6792 Laura LaValle llavalle@ lglawfirm . com Lloyd, Gosselink, Blevins, Rochelle, Baldwin &

Townsend, P. C.

111 Congress Ave., Suite 1800 Austin, TX 78701 512 322 5825 Edward Link Cary, NC Christina Lonnors lilly11516@ hotmai l. com 10101 Ethridge Ct.

Raleigh, NC 27615 919 676 9679 Mercury Jamie Magj(?) Concerned taxpayer 919 363 5151 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Robert A. Manning rmanning@ hgslaw.

com Hopping Green & Sams Attorneys and Counselors P. O. Box 6526 123 South Calhoun St.

Tallahassee, FL 32314 850 222 7500 Gene Marshall gene. marshall@ pac ifcorp. com Pacificorp 1407 West North Temple Salt Lake City, Utah 84116 801 220 2235 Mercury Christopher D.

Mastriani chris. mastriani@ ps . ge. com General Electric International Inc.

4200 Wildwood Parkway Atlanta, GA 30339 678 844 4568 C. V. Mathai, Ph. D C. Mathai@ pinnaclew est. com Pinnacle West Capital Corporation APS 400 N 5 Street Phoenix, AZ 85004 602 250 3569/ 2734 Both Max M Mattia deanforamerica@ st arband. net NC DEAN 6212 Donnybrook Rd.

Raleigh, NC 27606 919 368 1057 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Carmen Mayer Interested Citizen 107 Lindsay St.

Carrboro, NC 27510 919 933 1149 Mercury Dot McGee landot@ att. net NC Coastal Federation 919 848 7028 Mercury Angela Medlin angelamedlin@ nc. r r. com Moms Against Mercury 919 633 0200 James K. Miller jkmiller@ bepc. com Basin Electric Power Cooperative 1717 East Interstate Ave.

Bismarck, ND 58503 0564 701 223 0441 Emily Montoya Ravenscroft School 919 878 3805 Both Tracy Morris pcvhonduras@ hot mail. com NCSU Georganna Morton gm59270@ appstate . edu Appalachian Voices 703 W. King St.

Boone, NC 28607 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Paul Nettesheim 101 Chestnut Rd.

Chapel Hill, NC 919 942 2763 Someone from News14 Carolinas Joan Novak JoanNovak@ nc. rr.

com 4820 Biscayne Rd.

Durham, NC 27707 919 493 1774 Mercury Calvin Ogburn calvin. ogburn@ pgn mail. com Progress Energy P. O. Box 327 New Hill, NC 27562 919 362 3585 Patrick ONeil pwoneil@ email. un c. edu 114 B. Bim St.

Carrboro, NC 27510 919 619 8205 Mercury Barbara Parramore Interested Citizen 5012 Tanglewood Dr.

Raleigh, NC 27612 919 787 2287 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Brin Peyton abpeyton@ mindspr ing. com Ravenscroft School 919 870 8074 Szymon Puibwski Vanilapooch@ aol. c om Liz Pullman pullmans@ aol. com NCSU 919 544 1609 Wade Rawlins wrawlins@ newsob server. com The News & Observer 215 South McDowell Street Raleigh, NC 27601 919 829 4528 Mark C. Redina,

M. S. MRendina@ cms. h hs. gov Centers for Medicare & Medicaid Services 7500 Security Blvd.

Baltimore, MD 21244 410 786 2116 Brian Rosa brian. rosa@ ncmail.

net NCDENR 1639 Mail Service Center Raleigh, NC 27699 1639 919 715 6524 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Carol Rosenberg 2 Staunton Ct.

Greensboro, NC 27410 336 299 0074 Michael Rosenburg pukephen3@ aol. co m Ravenscroft School 919 931 0022 Greg Russel MOVE ON 6521 Dresden Ln.

Raleigh, NC 27612 919 676 7604 Mercury Tracy Ryan tryan999@ yahoo. c om 2831 Appledown Dr.

Cary, NC 27513 919 880 7819 Art Samberg art_ samberg@ ursc orp. com URS Corporation NC 1600 Perimeter Park Drive Morrisville, NC 27560 919 461 1100 John K. Schupner jks0109@ mail. ecu.

edu East Carolina University Coastal Resources Management 207 Ragsdale Hall Greenville, NC 27858 919 580 0820 Mercury PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Jennifer Serino MOVE ON 122 Assembly Ct.

Cary, NC 27511 919 481 2675 Mercury John Seymour john. seymour@ nc mail. net NCDENR 1639 Mail Service Center Raleigh, NC 27699 1639 919 715 6503 Brian Shrager bshrager@ mindspri ng. com 10821 W. Bridgefort Dr.

Cary, NC 27511 919 387 1380 Both Julia Sleiwer UNC TV 919 949 8090 Butch Smith butch50@ nc. rr. co m RST Engineering 617 Ellyn Dr.

Cary, NC 27511 919 467 8098 James Southerland James. Southerland @ ncmail. net NCDENR Division of Air Quality 919 715 7566 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Adam Terando Private Citizen 5534 Sunlight Dr.

Apt. 107 Durham, NC 27707 919 401.0898 Mercury Desiree Tullos desireetullos@ yaho o. com 516A Carolina Ave.

Raleigh, NC 27606 919 264 9143 Ava Udvadia ajudvad@ acpub. du ke. edu Duke University Box 3020 DUMC 919 684 6744 Sue Ulshen sulshen@ aol. com 919 967 1517 Mike VanReken tbc@ mindspring. co m Townsend Bertram & Company American Outfitters Carr Mill Carrboro, NC 27510 919 933 9712 Kristen Ward kris10ward@ hotma il. com NC PIRG MOVE ON. ORG 919 431 0798 PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE James J. Wassenberg, Ph. D.

jwassenberg@ biost ratum. com BioStratum 4620 Creekstone Dr.

Suite 200 Durham, NC 27703 919 433 1000 Deena M. Wassenberg deena@ duke. edu Duke University Nicholas School of the Environment and Earth Sciences Integrated Toxicology Program Box 90328 Durham, NC 27708 919 613 8059 Diane Wenzel diane@ westwindsa iling. com 1208 V. a fresa SC, CA 92672 945 492 5045 Mercury Laura Wenzel gatamontes@ aol. co m 1015 Jollyho Tr.

Chapel Hill, NC 27576 Mercury PUBLIC HEARING ATTENDANCE LIST Interstate Air Quality Proposed Rule Utility Mercury Reduction Proposed Rule Holiday Inn Raleigh Durham Airport 4810 Old Page Road Research Triangle Park, NC 27709 February 25, 2004 8: 00 a. m. to 10: 00 p. m.

NAME / EMAIL AFFILIATION / ADDRESS PHONE RULE Mary Katherine Williams mk@ theforestfoun dation. org The Forest Foundation 607 Ellis Rd., # 53 A1 Durham, NC 27703 919 957 1505 Lauren Wright Ravenscroft School Mercury


[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Page 24248]
[FR Doc No: 2017-10855]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0443]

Drawbridge Operation Regulation; Charles River, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Massachusetts Department of
Transportation (Craigie) Bridge across the Charles River, mile 1.0, at
Boston, Massachusetts. This deviation is necessary in order to
facilitate an annual fireworks display and allows the bridge to remain
in the closed position for two hours.

DATES: This deviation is effective from 11 p.m. on July 4, 2017 to 1
a.m. on July 5, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0443 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email James L. Rousseau, Senior Bridge
Management Specialist, First District Bridge Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The owner of the bridge, the Massachusetts
Department of Transportation, requested a temporary deviation from the
normal operating schedule to facilitate a public fireworks event.
    The Massachusetts Department of Transportation (Craigie Bridge),
mile 1.0, across the Charles River, has a vertical clearance of 5 feet
at mean high water and 15 feet at mean low water in the closed
position. The existing drawbridge operating regulations are listed at
33 CFR 117.591(e).
    This temporary deviation will allow the bridge to remain closed
from 11 p.m. July 4, 2017 to 1 a.m. on July 5, 2017. The waterway is
used primarily by seasonal recreational vessels and occasional small
commercial traffic. Coordination with waterway users has indicated no
objections to this short-term closure of the draw.
    Vessels that can pass under the bridge without an opening may do so
at all times. The bridge will be able to open for emergencies. There is
no alternate route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 23, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-10855 Filed 5-25-17; 8:45 am]
 BILLING CODE 9110-04-P