[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51478-51483]
[FR Doc No: 2014-20676]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2014-0717]
RIN 1625-AA08; 1625-AA00

Special Local Regulation and Safety Zone; Marine Events in
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation

for one marine event and establishing one safety zone for one marine
event within the Captain of the Port (COTP) Long Island Sound (LIS)
Zone. This temporary final rule is necessary to provide for the safety
of life on navigable waters during these events. Entry into, transit
through, mooring or anchoring within these regulated areas and safety
zone is prohibited unless authorized by COTP Sector Long Island Sound.

DATES: This rule is effective from September 6, 2014 to September 14,
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0717]. 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 rule,
call or email Petty Officer Ian M. Fallon, Prevention Department, Coast
Guard Sector Long Island Sound,<PHONE_NUMBER><EMAIL_ADDRESS>
If you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983

A. Regulatory History and Information

    The Great Peconic Race is a first time event with no regulatory
history.
    The Region 8 Beach Brawl is a first time event with no regulatory
history.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because doing so would be impracticable and
contrary to the public interest. There is insufficient time to publish
a NPRM and solicit comments from the public before these events take
place. Thus, waiting for a comment period to run would inhibit the
Coast Guard's ability to fulfill its mission to keep the ports and
waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231, 1233; 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 and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory special
local regulations and safety zones.
    As discussed in the Regulatory History and Information section, two
regattas will take place in the COTP Long Island Sound Zone between
September 6, 2014 and September 14, 2014. The COTP Long Island Sound
has determined that one special local regulation and one safety zone
established by this temporary final rule are necessary to provide for
the safety of life on navigable waterways during those events.
    The Great Peconic Race course itself will start and end at Wades
Beach on Shelter Island proceeding in a counter-clockwise direction to
the east around Mashomack Point, and encompass a complete
circumnavigation of Shelter Island, a total distance of 19 miles. On
the south shore two event safety vessels will be present with a member
of the south ferry staff with a red flag to stop and then wave paddlers
on for safe crossing. One safety boat will be present on the north
shore to assist paddlers as well.
    The Region 8 Beach Brawl is a two day marine event held close to
the shore of Savin Rock Beach in West Haven, CT. During the event,
multiple jet-skis will be running a closed loop course approximately
600 feet by 1,000 feet in size. There will three support craft
supervising the event and will be using flags to control the race
participants.

C. Discussion of the Final Rule

    The Coast Guard is establishing one special local regulation for
one regatta, and one safety zone for another regatta, to provide for
the safety of life on navigable waters during these events. This rule
will be effective from September 6, 2014 to September 14, 2014.
    The special local regulation and safety zone for these events
covered by this regulation will be enforced on the dates, times, and
locations listed in the table below.

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

------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Great Peconic Race...................   Date: September 14,
                                          2014.
                                          Time: 7:30 a.m. to
                                          4:30 p.m.
                                          Location: There will
                                          be two areas created for the
                                          special local regulation. The
                                          first area will encompass all
                                          navigable waters along the
                                          north shore of Shelter Island,
                                          NY including Shelter Island
                                          Sound, Pipes Cove, Greenport
                                          Harbor and Dering Harbor. The
                                          second area will encompass all
                                          navigable waters along the
                                          south shore of Shelter Island,
                                          NY including Shelter Island
                                          Sound and Smith Cove.
------------------------------------------------------------------------
2 Region 8 Beach Brawl.................   Date: September 6,
                                          2014.
                                          Time: 8:00 a.m. to
                                          4:00 p.m.
                                          Date: September 7,
                                          2014.
                                          Time: 8:00 a.m. to
                                          4:00 p.m.
                                          Location: Savin Rock
                                          Beach, West Haven, CT.
------------------------------------------------------------------------

    For the special local regulation created in support of the Great
Peconic Race under the general regulations in Sec.  100.901 of this
part, vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant at all times. Additionally,
recreational vessels shall yield right-of-way for event participants
and event safety craft and shall follow directions given by event
representatives during the event. Commercial vessels will have right-
of-

way over event participants, and event safety craft.
    For the safety zone created in support of the Region 8 Beach Brawl
this rule prevents vessels from entering, transiting, mooring or
anchoring within the area specifically designated as a safety zone.
    Public notifications will be made to the local maritime community
prior to the event through the Local Notice to Mariners and Broadcast
Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The
enforcement of the regulated area and safety zone will be relatively
short in duration. Also, persons or vessels desiring entry into a
regulated area or a deviance from the stipulations within a regulated
area may be authorized to do so by the COTP Sector Long Island Sound or
designated representative. Additionally, persons or vessels desiring to
enter the safety zone may do so with permission from the COTP Sector
Long Island Sound or designated representative. Furthermore, the
special local regulation and the safety zone are designed in a way to
limit impacts on vessel traffic, permitting vessels to navigate in
other portions of the waterways not designated as a regulated area or
as a safety zone. Finally, to increase public awareness of the special
local regulation and the safety zone, the Coast Guard will notify the
public of the enforcement of this rule via appropriate means, such as
via Local Notice to Mariners and Broadcast Notice to Mariners.

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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit, anchor or moor within the regulated area or the safety zone
during the periods of enforcement from September 6, 2014 to September
14, 2014. However, this temporary final rule will not have a
significant economic impact on a substantial number of small entities
for the same reasons discussed in the Regulatory Planning and Review
section.

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 will not call for a 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
INTFORMATION 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 From Environmental Health Risks

    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 might
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 rule 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 the establishment of one special local
regulation and one safety zone. This rule is categorically excluded
from further review under paragraph 34(g) and (h) 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

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording
requirements, Waterways.

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 parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T01-0717 to read as follows:

Sec.  100.35T01-0717  Special Local Regulation; Marine Event in Captain
of the Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR
100.901 as well as the following regulations apply to the event listed
in the TABLE 1 of Sec.  100.35T01-0717. These regulations will be
enforced for the duration of the event.
    (b) Enforcement period. This rule will be enforced on the date and
time listed for the event in TABLE 1 of Sec.  100.35T01-0717.
    (c) Definitions. The following definitions apply to this section:
    (1) Patrol Commander. Patrol Commander means a Coast Guard
commissioned, warrant, or petty officer who has been designated by the
Captain of the Port to monitor a regatta area, permit entry into the
regatta area, give legally enforceable orders to persons or vessels
within the regatta area, and take other actions authorized by the
Captain of the Port. The Patrol Commander will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be
contacted on Channel 16 (156.8 MHZ) by the call sign ``Coast Guard
Patrol Commander.''
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Enforcement. Upon being hailed by an official patrol vessel or
the designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (e) Locations. The regulated area for the regatta is described in
TABLE 1 of Sec.  100.35T01-0717.

                    Table 1 to Sec.   100.35T01-0717
------------------------------------------------------------------------

------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Great Peconic Race...................   Date: September 14,
                                          2014.
                                          Time: 7:30 a.m. to
                                          4:30 p.m.
                                          Location: All
                                          navigable waters surrounding,
                                          Shelter Island, NY within two
                                          areas. First area is along the
                                          north shore of Shelter Island
                                          and includes Shelter Island
                                          Sound, Pipes Cove, Greenport
                                          Harbor and Dering Harbor.
                                          Starting from a point on land
                                          at Beach Point at position
                                          41[deg]06'25.66'' N;
                                          072[deg]20'04.95'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Cleaves Point at position
                                          41[deg]06'43.70'' N;
                                          072[deg]20'31.99'' W then west
                                          along the shoreline to a point
                                          on land near Brick Cove Marina
                                          at position 41[deg]04'44.91''
                                          N; 072[deg]23'06.25'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Jennings Point at position
                                          41[deg]04'20.46'' N;
                                          072[deg]22'57.60'' W then east
                                          along the shoreline back to
                                          the point of origin. (NAD 83.)
                                          The second area is along the
                                          south shore of Shelter Island
                                          and includes Shelter Island
                                          Sound and Smith Cove. Starting
                                          at a point on land near West
                                          Neck Point at position
                                          41[deg]02'48.14'' N;
                                          072[deg]20'19.34'' W then
                                          straight across Shelter Island
                                          Sound to a point on land near
                                          Gleason Point at position
                                          41[deg]02'04.91'' N;
                                          072[deg]19'54.47'' W then east
                                          along the shoreline to a point
                                          on land at position
                                          41[deg]01'07.56'' N;
                                          072[deg]17'53.34'' W then
                                          straight across Smith Cove to
                                          a point on land near Mashomack
                                          Point at position
                                          41[deg]01'44.68'' N;
                                          072[deg]16'54.87'' W and then
                                          west along the shoreline to a
                                          point on land at position
                                          41[deg]02'48.94'' N;
                                          072[deg]19'49.98'' W and then
                                          across West Neck Harbor to the
                                          point of origin. (NAD 83) All
                                          positions are approximate.
                                          Additional
                                          stipulations: Recreation
                                          vessel speed in the regulated
                                          area is restricted to no wake
                                          speed or 6 knots, whichever is
                                          slower. Recreational vessels
                                          shall not anchor, block,
                                          loiter, or impede the transit
                                          of event participants or
                                          official patrol vessels in the
                                          regulated areas unless
                                          authorized by COTP or
                                          designated representative.
                                          Recreational vessels shall
                                          yield right-of-way for event
                                          participants and event safety
                                          craft and shall follow
                                          directions given by event
                                          representatives during the
                                          event. Commercial vessels will
                                          have right-of-way over event
                                          participants, and event safety
                                          craft.
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PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1.

0
4. Add Sec.  165.T01-0717 to read as follows:

Sec.  165.T01-0717  Safety Zones; Marine Event in Captain of the Port
Long Island Sound Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the events listed in the
TABLE 1 of Sec.  165.T01-0717.
    (b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in TABLE 1 of Sec.  165.T01-0717.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated representative. A ``designated representative'' is
any commissioned, warrant or petty officer of the U.S. Coast Guard who
has been designated by the Captain of the Port (COTP), Sector Long
Island Sound, to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. While
members of the Coast Guard Auxiliary will not serve as the designated
representative, they may be present to inform vessel operators of this
regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Vessels desiring to enter or operate within a safety zone
should contact the COTP or the designated representative via VHF
channel 16 or by telephone at<PHONE_NUMBER> to obtain permission to do
so. Vessels given permission to enter or operate in a safety zone must
comply with all directions given to them by the COTP Sector Long Island
Sound or the designated on-scene representative.
    (e) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.

                     Table 1 to Sec.   165.T01-0717
------------------------------------------------------------------------

------------------------------------------------------------------------
                              Regatta event
------------------------------------------------------------------------
1 Region 8 Beach Brawl.................   Date: September 6,
                                          2014.
                                          Time: 8:00 p.m. to
                                          4:00 p.m.
                                          Date: September 7,
                                          2014.
                                          Time: 8:00 p.m. to
                                          4:00 p.m.
                                          Location: All
                                          navigable waters in New Haven
                                          Harbor, West Haven, CT
                                          encompassing an area starting
                                          from a point on land at
                                          41[deg]15'18'' N;
                                          072[deg]57'13'' W then
                                          southeast to point at
                                          41[deg]15'12'' N;
                                          072[deg]57'13'' W the
                                          northeast to point at
                                          41[deg]15'15'' N;
                                          072[deg]57'59'' W the
                                          northwest to a point on land
                                          at 41[deg]15'21'' N;
                                          072[deg]57'02'' W then
                                          southwest along shoreline back
                                          to point of origin. (NAD 83)
                                          All positions are approximate.
------------------------------------------------------------------------

    Dated: August 14, 2014.
H. L. Morrison,
Commander, U. S. Coast Guard, Acting Captain of the Port Sector Long
Island Sound.
[FR Doc. 2014-20676 Filed 8-28-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Proposed Rules]
[Pages 61643-61645]
[FR Doc No: 2011-25579]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0996; Directorate Identifier 2011-NM-068-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 737-600, -700,
-700C, -800, -900, and -900ER Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD would require replacement of
the thumbnail fairing edge seals on both sides of the engines with
Nitronic 60 stainless steel alloy seals. This proposed AD was prompted
by reports of excessive in-service wear damage of the thumbnail fairing
edge seal and the fan cowl panel rub strip and fan cowl skin assembly.
We are proposing this AD to prevent failure of the fire seal, which
could allow a fire in the fan compartment to spread beyond the firewall
and reach the flammable fluid leakage zones, resulting in an
uncontrolled fire.

DATES: We must receive comments on this proposed AD by November 21,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet  https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Chris Parker, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone:
425-917-6496; fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2011-0996;
Directorate Identifier 2011-NM-068-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received reports of repetitive occurrences of excessive in-
service wear damage of the thumbnail fairing edge seal and of the fan
cowl panel rub strip and fan cowl skin assembly. Identical abrasion
damage was also reported at the location where the thumbnail fairing
edge seal rests against the top surface of the hinge beam forward
firewall. This condition, if not corrected, could result in failure of
the fire seal, which could allow a fire in the fan compartment to
spread beyond the firewall and reach the flammable fluid leakage zones,
resulting in an uncontrolled fire.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 737-54-1046,
dated February 16, 2011. That service bulletin describes procedures for
replacing the thumbnail fairing edge seals on both the left side and
the right side of both engine 1 and engine 2 with new Nitronic 60
stainless steel alloy seals.

FAA's Determination and Proposed AD Requirements

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs. This proposed AD would require accomplishing the actions
specified in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 989 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Replace thumbnail faring edge       6 work-hours x $85 per             $2,032           $2,542       $2,514,038
 seals.                              hour = $510.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2011-0996; Directorate Identifier
2011-NM-068-AD.

Comments Due Date

    (a) We must receive comments by November 21, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any
category, as identified in Boeing Special Attention Service Bulletin
737-54-1046, dated February 16, 2011.

Subject

    (d) Joint Aircraft System Component (JASC)/Air Transport
Association (ATA) of America Code 54: Nacelles/Pylons.

Unsafe Condition

    (e) This AD was prompted by reports of excessive in-service wear
damage of the thumbnail fairing edge seal and the fan cowl panel rub
strip and fan cowl skin assembly. We are issuing this AD to prevent
failure of the fire seal, which could allow a fire in the fan
compartment to spread beyond the firewall and reach the flammable
fluid leakage zones, resulting in an uncontrolled fire.

Compliance

    (f) Comply with this AD within the compliance times specified,
unless already done.

Replacement of the Thumbnail Fairing Edge Seals

    (g) Within 60 months after the effective date of this AD,
replace the thumbnail fairing edge seals, on both the left side and
the right side of engine 1 and engine 2, with new Nitronic 60
stainless steel alloy seals, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 737-54-
1046, dated February 16, 2011.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

Related Information

    (i) For more information about this AD, contact Chris Parker,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>    (j) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on September 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-25579 Filed 10-4-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Page 11169]
[FR Doc No: 2013-03500]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EG13-6-000, et al]

North Sky River Energy, LLC, et al; Notice of Effectiveness of
Exempt Wholesale Generator Status

------------------------------------------------------------------------
                                                            Docket Nos.
------------------------------------------------------------------------
North Sky River Energy, LLC.............................      EG13-6-000
Black Bear SO, LLC......................................      EG13-7-000
Black Bear Development Holdings, LLC....................      EG13-8-000
Shiloh IV Lessee, LLC...................................      EG13-9-000
Grand Ridge Energy IV LLC...............................     EG13-10-000
------------------------------------------------------------------------

    Take notice that during the month of January 2013, the status of
the above-captioned entities as Exempt Wholesale Generators Companies
became effective by operation of the Commission's regulations. 18 CFR
366.7(a).

    Dated: February 8, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-03500 Filed 2-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38020-38023]
[FR Doc No: 2011-16246]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0516]
RIN 1625-AA00

Safety Zone; Bay Point Fireworks, Bay Point Marina; Marblehead,
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Detroit Zone on Lake Erie, Marblehead, Ohio. This
Zone is intended to restrict vessels from portions of Lake Erie for the
Bay Point Fireworks. This temporary safety zone is necessary to protect
spectators and vessels from the hazards associated with fireworks
displays.

DATES: This regulation is effective from 10 p.m. on July 2, 2011
through 10:20 p.m. July 3, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0516 and are available online
by going to http://www.regulations.gov, inserting

USCG-2011-0516 in the ``Keyword'' box, and then clicking ``Search''.
They are also available for inspection or copying at the Docket
Management Facility (M-30), U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail BM1 Tracy Girard, Response Department,
Marine Safety Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because waiting for a comment period to run
would be impracticable and contrary to the public interest because it
would prevent the Captain of the Port Detroit from protecting the
public from the hazards associated with maritime fireworks displays.
    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. For the same reasons discussed in
the preceding paragraph, a 30-day notice period would be impracticable
and contrary to the public interest.

Background and Purpose

    The Bay Point fireworks displays will occur between 10 p.m. and
10:20 p.m. on July 2, 2011. In the case of inclement weather on July 2,
2011, the fireworks display will occur between 10 p.m. until 10:20 p.m.
on July 3, 2011, weather permitting. The Captain of the Port Detroit
has determined that the Bay Point fireworks display will present
hazards to spectators within the vicinity of the launch site. Such
hazards include obstructions to the waterway, the explosive danger of
fireworks, and debris falling into the water.

Discussion of Rule

    Because of the aforesaid hazards, the Captain of the Port, Sector
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the Bay Point Fireworks display. Accordingly, the
safety zone will encompass all U.S. navigable waters of Lake Erie
within a 140-yard radius of the fireworks launch site, located at
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Detroit or the designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port, Sector
Detroit or his designated representative. The Captain of the Port,
Sector Detroit or his designated representative may be contacted via
VHF Channel 16.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the Lake Erie, Bay Point Marina;
Marblehead, OH between 10 p.m. and 10:20 p.m. on July 2, 2011 or, in
the case of inclement weather on July 2, 2011, from 10 p.m. until 10:20
p.m. on July 3, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for twenty minutes total and commercial
vessels can request permission to transit through the safety zone. The
Coast Guard will give notice to the public via a Broadcast Notice to
Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 023-01, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction because it involves the establishment of a
temporary safety zone. This rule involves the establishment of a safety
zone and is therefore categorically excluded under paragraph 34(g) of
the Instruction. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0516 to read as follows:

Sec.  165.T09-0516  Safety Zone; Bay Point Fireworks, Bay Point Marina;
Marblehead, OH.

    (a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of Lake Erie, Bay Point Marina, Marblehead, OH
within a 140-yard radius of the fireworks launch site located at
position 41[deg]30'29.23'' N, 082[deg]43'8.45'' W.
    (b) Effective and enforcement period. This regulation is effective
from 10 p.m. on July 2, 2011 through 10:20 p.m. July 3, 2011. The
safety zone will be enforced from 10 p.m. until to 10:20 p.m. on July
2, 2011. In the case of inclement weather on July 2, 2011, this
regulation may also be enforced from 10 p.m. until 10:20 p.m. on July
3, 2011, weather permitting.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Detroit or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Detroit or his
designated representative.
    (3) The ``designated representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant, or petty
officer who has been designated by the Captain of the Port, Sector
Detroit to act on his behalf. The designated representative of the
Captain of the Port, Sector Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The Captain of the Port, Sector
Detroit or his designated representative may be contacted via VHF
Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his
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 Captain of the Port,
Sector Detroit or his designated representative.

    Dated: June 16, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2011-16246 Filed 6-28-11; 8:45 am]
BILLING CODE 9110-04-P


Waterborne Pathogens Strategy: The Safe Drinking Water Act ( SDWA) and the Clean Water Act ( CWA) address microbial ( pathogenic) contamination of the nation's waters. The CWA enables protection of ambient, recreational and shellfish growing water uses. The SDWA enables regulation of contamination of source waters used for drinking water, groundwater and finished drinking water. Indicators of fecal contamination ( and thus gastroenteritis causing organisms) under these two Acts differ based on likelihood of occurrence in the water source. A strategy that addressed issues such as non enteric contamination ( e. g. skin rashes, respiratory illness), emerging pathogens and unification of indicators under the two Acts would be very useful and have been called for by stakeholders for the protection of human health.

Pathogens: Including but not limited to protozoa such as, Cryptosporidium parvum and Giardia lamblia; viruses such as enteroviruses and hepatitis A; bacteria such as Legionella, Mycobacteria.

Identification/ Indicators: Availability and use of rapid, accurate and inexpensive pathogen identification is a problem. In addition, use of the same indicator organisms for fresh and marine waters would be useful for entities that are responsible for monitoring the various water types. Limiting factors include cost, accuracy, specificity and sensitivity. Regulatory requirements dictate indicator use: TCR  bacteria, GWR  phage & bacteria; LT2ESWTR  Cryptosporidium; UCMR  bacteria, ambient recreational water quality  bacteria.

Current Methods: The following types of methods are currently in use or have been proposed for use in the various water types mentioned above. ° Bacteria: Coliform ( total and fecal), E. coli, fecal streptococci, Enterococci, Aeromonas ° Protozoa: Cryptosporidium, Giardia ° Viruses: Coliphage Regulatory Support Documents: Criteria Documents for drinking water contaminants provide information so preliminary decisions can be made as to whether the contaminant is a significant health threat via drinking water exposure and whether sufficient data exists to perform quantitative risk assessments. These documents also have shorter versions. Health Advisories are shorter versions of the criteria documents that serve to provide information in a non scientific format. Fact Sheets are very short versions of the criteria documents ( 2 pages) that are designed for general public consumption. Children's Risk documents provide information which may not have been provided in the criteria documents that addresses children's health issues.

Criteria Documents, Health Advisories & Fact Sheets:

Protozoa: Cryptosporidium*, Giardia* Bacteria: Legionella*, Mycobacteria*, Escherichia coli O157: H7 Viruses: Enteroviruses and Hepatitis A * Children Risk Documents Contact: Robin K. Oshiro Short term Followup: ° Include New Microbial Strategy ( March 2003) in decision making process ° Obtain copies of all criteria & other health related documents mentioned above ° Follow up on progress of EPA cooperative agreement with NRC on indicators ° Follow up on progress of new microbial indicator methods currently being developed and tested by ORD Long term Followup: ° Further exploration of best indicators associated with health as a follow up to the completion of the NRC report ( i. e. how will EPA use the report) ° Combinations of water quality indicators may provide more powerful ways to assess overall health risk ° Determine how EPA can use genetic methods as alternative methods to non genetic methods ° Determine how best to validate genetic methods in water sources and how that data compares to historical non genetic method data


[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Notices]
[Page 42370]
[DOCID:fr26jy06-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-436-000]

Columbia Gas Transmission Corporation; Columbia Gulf Transmission
Company; Crossroads Pipeline Company; Notice Requesting Temporary
Waiver of Certain Tariff Provisions and NAESB Standards and Notice of
Expedited Comment Period

July 18, 2006.
    Take notice that on July 14, 2006, Columbia Gas Transmission
Corporation, Columbia Gulf Transmission Company and Crossroads Pipeline
Company (together referred to as the Pipelines) request temporary
waiver of the following because of the relocation of the NiSource
mainframe computers:
    (1) Sections 2.8 (EBB Access requirements: Operations), 6.2
(Nominations) and 6.3 (Confirmation and Scheduling by Transporter) of
the Pipelines' respective FERC Gas Tariffs;
    (2) North American Energy Standards Board (NAESB) Standards 1.3.2,
1.3.3, 1.3.4, 1.3.8, 1.3.21, 1.3.37, 1.3.45 (nomination related
standards), 2.3.6, 2.3.21, 2.3.40, 2.3.41, 2.3.42, 2.3.49 (flowing gas
related standards), 5.3.31, 5.3.32, 5.3.33, 5.3.44, 5.3.45 (capacity
release related standards); and
    (3) Section 284.12 of the Commission's regulations (Standards for
Pipeline Business Operations and Communications, 18 CFR 284.12 (2005)).
    The Pipelines state that the relocation of its mainframe computers
will cause all functions of its Electronic Bulletin Board (Navigator)
to be unavailable for periods up to 48 hours beginning around 5 a.m. on
the following days: Saturday, July 22, 2006; Saturday, August 12, 2006;
Saturday, August 19, 2006 and Saturday and Sunday, September 2-3, 2006.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time July 19, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-11879 Filed 7-25-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 10, 2009 (Volume 74, Number 216)]
[Notices]
[Page 58067-58068]
[DOCID:fr10no09-121]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60923; File No. SR-NYSEArca-2009-96]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule
6.82--Lead Market Makers To Eliminate Obsolete Language and Clarify
Rule Provisions

November 3, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 20, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. NYSE Arca filed the proposal pursuant to Section
19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.82--Lead Market Makers to
eliminate obsolete language and clarify rule provisions. A copy of this
filing is available on the Exchange's Web site at http://www.nyse.com,
at the Exchange's principal office and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The purpose of this filing by NYSE Arca is to revise outdated and
obsolete language in Rule 6.82--Lead Market Makers (``LMM'').
    Specifically, the Exchange proposes to amend Rule 6.82(c)(3) by
adding a reference to Rule 6.37B--Market Maker Quotations, in order to
clarify an LMMs obligation as it pertains to continuous quoting. In its
current form, Rule 6.82 states that an LMM must provide continuous
quotations in all appointed series. However, Rule 6.37B provides that
LMMs must provide continuous quotations for 90% of the time the
Exchange is open. To ensure that LMM obligations contained in Rule 6.82
are in accordance with Rule 6.37B, the Exchange proposes [sic] add
language to Rule 6.82(c)(3) in order to clarify that LMMs need to
provide quotations in accordance with Rule 6.37B. In addition, NYSE
Arca no longer supports an Exchange auto-quoting system; all LMMs
utilize proprietary quoting systems that supply electronic quotes
directly to the NYSE Arca's trading system. Therefore the Exchange
proposes deleting obsolete language in Rule 6.82(c)(3) referencing the
Exchange's auto-quoting system.
    The Exchange also proposes to delete Rule 6.82(c)(7). Under the
structure of the Exchange's electronic trading systems, the automated
execution system referenced in 6.82(c)(7) is part of the overall NYSE
Arca trading system. Whenever an LMM provides electronic quotations to
NYSE Arca, the LMM automatically participates in the automatic
execution system. It is not possible for an LMM to submit quotes to the
Exchange without being subject to the automatic execution system, nor
is it possible for an LMM to participate in the automatic execution
system without submitting electronic quotes. Because participation in
the auto-execution system is not optional, it is not appropriate to
designate participation in it as an obligation. The Exchange proposes
to reserve Rule 6.82(c)(7) for future use.

    By clarifying its rules and abolishing out-dated language, the
Exchange is not changing or altering any obligation, rights, policies
or practices enumerated within its rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\6\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\7\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement [sic].
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-96 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-96. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2009-96 and should
be submitted on or before December 1, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-26968 Filed 11-9-09; 8:45 am]

BILLING CODE 8011-01-P