[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices]
[Page 62899]
[DOCID:fr13oc10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63038; File No. SR-FICC-2010-04]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change to Provide Clarity With Respect to
the Close Out Netting of the Government Securities Division in the
Event of the Fixed Income Clearing Corporation's Default or Insolvency

October 5, 2010.

I. Introduction

    On August 12, 2010, the Fixed Income Clearing Corporation
(``FICC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change SR-FICC-2010-04 pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\
The proposed rule change was published for comment in the Federal
Register on August 31, 2010.\2\ No comment letters were received on the
proposal. This order approves the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 62767 (August 26, 2010),
75 FR 53368.
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II. Description

    FICC is proposing to add a provision to the rules of the Government
Securities Division (``GSD'') to make explicit the close out netting
that would be applied to obligations between FICC and its members in
the event that FICC becomes insolvent or defaults in its obligations to
its members.\3\
---------------------------------------------------------------------------

    \3\ The specific language of the proposed provision is available
at http://www.dtcc.com/downloads/legal/rule_filings/2010/ficc/2010-
04.pdf.
---------------------------------------------------------------------------

    FICC has been asked by some of its dealer members to add a
provision to the rules of GSD to make explicit the close out netting of
obligations between FICC and its members in the event that FICC becomes
insolvent or defaults in its obligations to its members. Such members
have stated that such a provision would provide clarity in their
application of balance sheet netting to their transactions at FICC
under U.S. GAAP in accordance with the criteria specified in the
Financial Accounting Standards Board's Interpretation No. 39,
Offsetting of Amounts Related to Certain Contracts (FIN 39). The
members have stated further that a close out provision would allow them
to comply with Basel Accord Standards relating to netting.
Specifically, firms are able to calculate their capital requirements on
the basis of their net credit exposure where they have legally
enforceable netting arrangements with their counterparties, which
includes a close out netting provision in the event of the default of a
counterparty (in this case, the division of FICC acting as a CCP).

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act \4\ and the rules and regulations
thereunder applicable to FICC.\5\ In particular, the Commission
believes that by adding a close out provision to its rules, FICC is
providing its members with clarity with respect to close out netting
that would be applied to obligations of FICC and its members in the
event of an FICC insolvency or default and in the calculation of their
capital requirements with respect to their net credit exposure where
members have legally enforceable netting arrangements with their
counterparties. The proposal is therefore consistent with the
requirements of Section 17A(b)(3)(F),\6\ which requires, among other
things, that the rules of a clearing agency are designed to remove
impediments to and perfect the mechanism of a national system for the
prompt and accurate clearance and settlement of securities
transactions.
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    \4\ 15 U.S.C. 78q-1.
    \5\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \7\ and the
rules and regulations thereunder.
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    \7\ 15 U.S.C. 78q-1.
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (File No. SR-FICC-2010-04) be,
and hereby is, approved.
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    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25620 Filed 10-12-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Page 22814]
[FR Doc No: 2014-09339]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Reliability Technical Conference; Docket No. AD14-9-000]

Notice of Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission) will hold a Technical Conference on Tuesday, June 10, 2014
from 8:45 a.m. to 5:00 p.m. This Commissioner-led conference will be
held in the Commission Meeting Room at the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426. The conference
will be open for the public to attend. Advance registration is not
required, but is encouraged. Attendees may register at the following
Web page: https://www.ferc.gov/whats-new/registration/06-20-14-form.asp.
    The purpose of the conference is to discuss policy issues related
to the reliability of the Bulk-Power System. A more formal agenda will
be issued at a later date.
    Information on this event will be posted on the Calendar of Events
on the Commission's Web site, www.ferc.gov, prior to the event. The
conference will also be Webcast. Anyone with Internet access who
desires to listen to this event can do so by navigating to
www.ferc.gov's Calendar of Events and locating this event in the
Calendar. The event will contain a link to the webcast. The Capitol
Connection provides technical support for webcasts and offers the
option of listening to the meeting via phone-bridge for a fee. If you
have any questions, visit www.CapitolConnection.org or call 703-993-
3100.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    For more information about this conference, please contact: Sarah
McKinley, Office of External Affairs, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
    Dated: April 16, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-09339 Filed 4-23-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Pages 40127-40129]
[FR Doc No: 2012-16539]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67325; File No. SR-NASDAQ-2012-075]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to Extension of the Exchange's Penny Pilot Program and
Replacement of Penny Pilot Issues That Have Been Delisted

June 29, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on June 22, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the NASDAQ. 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.
---------------------------------------------------------------------------

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

    NASDAQ is filing with the Commission a proposal for the NASDAQ
Options Market (``NOM'') to amend Chapter VI, Section 5 (Minimum
Increments) to: Extend through December 31, 2012, the Penny Pilot
Program in options classes in certain issues (``Penny Pilot'' or
``Pilot''); and provide for or allow replacement of any Penny Pilot
issues that have been delisted.\4\
---------------------------------------------------------------------------

    \4\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008) (SR-NASDAQ-2008-026) (notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091)
(notice of filing and immediate effectiveness expanding and
extending Penny Pilot); 60965 (November 9, 2009), 74 FR 59292
(November 17, 2009) (SR-NASDAQ-2009-097) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
61455 (February 1, 2010), 75 FR 6239 (February 8, 2010) (SR-NASDAQ-
2010-013) (notice of filing and immediate effectiveness adding
seventy-five classes to Penny Pilot); 62029 (May 4, 2010), 75 FR
25895 (May 10, 2010) (SR-NASDAQ-2010-053) (notice of filing and
immediate effectiveness adding seventy-five classes to Penny Pilot);
62617 (July 30, 2010), 75 FR 47670 (August 6, 2010) (SR-NASDAQ-2010-
092) (notice of filing and immediate effectiveness adding seventy-
five classes to Penny Pilot); 63396 (November 30, 2010), 75 FR 76064
(December 7, 2010) (SR-NASDAQ-2010-150) (notice of filing and
immediate effectiveness extending the Penny Pilot); and 65969
(December 15, 2011), 76 FR 79268 (December 21, 2011) (SR-NASDAQ-
2011-169) (notice of filing and immediate effectiveness extending
the Penny Pilot).

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

    The Exchange requests that the Commission waive the 30-day
operative delay period contained in Exchange Act Rule 19b-4(f)(6)(iii)
\5\ to the extent needed for timely industry-wide implementation of the
proposal.
---------------------------------------------------------------------------

    \5\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The text of the proposed rule change is available from NASDAQ's Web
site at http://nasdaq.cchwallstreet.com, at NASDAQ'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, NASDAQ 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. NASDAQ has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this filing is to amend Chapter VI, Section 5 to
extend the Penny Pilot through December 31, 2012, and replace any Penny
Pilot issues that have been delisted.
    For a pilot period scheduled to expire on June 30, 2012, the Penny
Pilot allows certain options to be quoted and traded on the Exchange in
minimum increments of $0.01 for all series in such options with a price
of less than $3.00; and in minimum increments of $0.05 for all series
in such options with a price of $3.00 or higher. Options overlying the
PowerShares QQQ Trust (``QQQQ'')[supreg], SPDR S&P 500 Exchange Traded
Funds (``SPY''), and iShares Russell 2000 Index Funds (``IWM''),
however, are quoted and traded in minimum increments of $0.01 for all
series regardless of the price. Currently the Exchange trades 345
options classes pursuant to the Penny Pilot.
    The Penny Pilot is a very successful and efficacious pricing
program that is beneficial to traders, investors, and public customers,
and the Exchange has received numerous requests to expand and continue
it. This proposal allows the Penny Pilot to continue in its current
format for six months through December 31, 2012.
    Commensurate with the extension of the Penny Pilot through December
31, 2012, the Exchange proposes to replace any Penny Pilot issues that
have been delisted with the next most actively traded multiply listed
options classes that are not yet included in the Pilot. The replacement
issues will be selected based on trading activity for the six month
period beginning December 1, 2011, and ending May 31, 2012. The
replacement issues would be added to the Pilot on the second trading
day following July 1, 2012.\6\
---------------------------------------------------------------------------

    \6\ The replacement issues will be announced to the Exchange's
membership via an OTA posted on the Exchange's Web site.
---------------------------------------------------------------------------

    In terms of housekeeping, the Exchange proposes to delete the
phrase ``on a semi-annual basis'' from Section 5(a)(3) of Chapter VI to
make it consistent with a similar provision of another exchange, namely
Phlx Rule 1034(a)(i)(A).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to 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, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, by extending the Penny Pilot and
replacing delisted Penny Pilot issues.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange notes that the Penny Pilot is a very successful and
efficacious pricing program that is beneficial to traders, investors,
and public customers, and the Exchange has received numerous requests
to expand and continue it. This proposal would allow the Penny Pilot to
continue in its current format through December 31, 2012.

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
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 \11\ and Rule 19b-
4(f)(6)(iii) thereunder.\12\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative prior to 30 days after the date of the filing.\13\
However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is

consistent with the protection of investors and the public interest
because doing so will allow the Pilot Program to continue without
interruption in a manner that is consistent with the Commission's prior
approval of the extension and expansion of the Pilot Program and will
allow the Exchange and the Commission additional time to analyze the
impact of the Pilot Program.\15\ Accordingly, the Commission designates
the proposed rule change as operative upon filing with the
Commission.\16\
---------------------------------------------------------------------------

    \13\ 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 the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this pre-filing requirement.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See Securities Exchange Act Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See
also supra note 4.
    \16\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please
include File Number SR-NASDAQ-2012-075 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-NASDAQ-2012-075.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2012-075 and should be submitted on or before July 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-16539 Filed 7-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]
[Page 76368-76369]
[DOCID:fr16de08-67]

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

Coast Guard

[USCG-2008-1149]

Houston/Galveston Navigation Safety Advisory Committee Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Request for applications.

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SUMMARY: The U.S. Coast Guard seeks applications for membership on the
Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC). This
committee advises and makes recommendations to the Coast Guard on
matters relating to the safe navigation of vessels to and from the
Ports of Galveston, Houston, and Texas City, and throughout Galveston
Bay, Texas.

DATES: Completed application forms should reach us on or before
February 14, 2009.

ADDRESSES: You may request an application form by writing to Commander
(spw), Designated Federal Officer (DFO) of HOGANSAC, USCG Sector
Houston-Galveston, 9640 Clinton Drive, Houston, TX 77029; by calling LT
Sean Hughes at<PHONE_NUMBER>; by submitting a faxed request to 713-
671-5156; or by visiting HOGANSAC's Web site http://www.hogansac.org.
Send your completed application to the DFO at the street address above.

FOR FURTHER INFORMATION CONTACT: CDR Hal R. Pitts, Executive Secretary
of HOGANSAC at<PHONE_NUMBER> or LT Sean Hughes, Assistant to the
Executive Secretary of HOGANSAC at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: HOGANSAC is a Federal Advisory Committee
subject to the provisions of 5 U.S.C. App. 2. This committee provides
local expertise to the Secretary of Homeland Security and the Coast
Guard on such matters as communications, surveillance, traffic control,
anchorages, aids to navigation, and other related topics dealing with
navigation safety in the Houston/Galveston area. The committee meets at
least three times a year at various locations in the Houston/Galveston
area. It may also meet for extraordinary purposes.
    We will consider applications for nineteen (19) positions that
expire or become vacant in September 2009. To be eligible, you should
have experience and particular expertise and knowledge regarding the
transportation, equipment, and techniques that are used to ship cargo
and to navigate vessels in the inshore and the offshore waters of the
Gulf of Mexico. Committee members represent a wide range of
constituencies. There are twelve membership categories: (1) Two members
who are employed by the Port of Houston Authority or have been selected
by that entity to represent them; (2) two members who are employed by
the Port of Galveston or the Texas City Port Complex or have been
selected by those entities to represent them; (3) two members from
organizations that represent shipowners, stevedores, shipyards, or
shipping organizations domiciled in the State of Texas; (4) two members
representing organizations that operate tugs or barges that utilize the
port facilities at Galveston, Houston, and Texas City; (5) two members
representing shipping companies that transport cargo from the ports of
Galveston and Houston on liners, break bulk, or tramp steamer vessels;
(6) two members representing those who pilot or command vessels that
utilize the ports of Galveston, Houston and Texas City; (7) two at-
large members who may represent a particular interest group but who use
the port facilities at Galveston, Houston or Texas City; (8) one member
representing labor organizations involved in the loading and unloading
of cargo at the ports of Galveston or Houston; (9) one member
representing licensed merchant mariners other than pilots, who perform
shipboard duties on vessels which utilize the port facilities of
Galveston, Houston or Texas City; (10) one member representing

environmental interests; (11) one member representing the general
public and (12) one member representing recreational boaters. Each
member serves for a term of two (2) years and may serve two (2)
consecutive terms. Members serve voluntarily, without compensation from
the Federal Government for salary, travel, or per diem.
    In support of the policy of the Coast Guard on gender and ethnic
diversity, we encourage qualified women and members of minority groups
to apply.
    If you are selected as a non-representative member, or as a member
who represents the general public, you will be appointed and serve as a
special Government employee (SGE) as defined in section 202(a) of title
18, United States Code. As a candidate for appointment as a SGE,
applicants are required to complete a Confidential Financial Disclosure
Report (OGE Form 450). A completed OGE Form 450 is not releasable to
the public except under an order issued by a Federal court or as
otherwise provided under the Privacy Act (5 U.S.C. 552a). Only the
Designated Agency Ethics Official or the DAEO's designate may release a
Confidential Financial Disclosure Report.
    If you are interested in applying to become a member of the
Committee, send a completed application to Commander (spw) Designated
Federal Officer (DFO) of HOGANSAC, USCG Sector Houston-Galveston, 9640
Clinton Drive, Houston, TX 77029. Send the application in time for it
to be received by the DFO on or before February 14, 2009.

    Dated: December 3, 2008.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E8-29727 Filed 12-15-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Notices]
[Pages 9192-9193]
[FR Doc No: 2016-03836]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice Revising Post-Technical Conference Comment Schedule

------------------------------------------------------------------------
                                                   Docket Nos.
------------------------------------------------------------------------
PJM Interconnection, L.L.C.............  ER15-2562-000, ER15-2563-000.
Consolidated Edison Company of New       EL15-18-001.
 York, Inc. v. PJM Interconnection,
 L.L.C.
Linden VFT, LLC v. PJM Interconnection,  EL15-67-000.
 L.L.C.
Delaware Public Service Commission and   EL15-95-000.
 Maryland Public Service Commission v.
 PJM Interconnection, L.L.C.
PJM Interconnection, L.L.C.............  ER14-972-003.
PJM Interconnection, L.L.C.............  ER14-1485-005, Not
                                          Consolidated.
------------------------------------------------------------------------

    In an order dated November 24, 2015,\1\ the Commission found that
the assignment of cost allocation for the projects in the filings and
complaints listed in the caption using PJM's solution-based
distribution factor (DFAX) cost allocation method had not been shown to
be just and reasonable and may be unjust, unreasonable, or unduly
discriminatory or preferential. The Commission directed its staff to
establish a technical conference to explore both whether there is a
definable category of reliability projects within PJM for which the
solution-based DFAX cost allocation method may not be just and
reasonable, such as projects addressing reliability violations that are
not related to flow on the planned transmission facility, and whether
an alternative just and reasonable ex ante cost allocation method could
be established for any such category of projects.
---------------------------------------------------------------------------

    \1\ PJM Interconnection, L.L.C., et al., 153 FERC ] 61,245
(2015).
---------------------------------------------------------------------------

    The technical conference was held on January 12, 2016. At the
technical conference, staff indicated that it would establish a
schedule for post-technical conference comments after reviewing the
technical conference transcript. On February 9, 2016 a technical
conference transcript was place in the above-referenced dockets, and a
post-technical conference comment schedule was established. On February
18, 2016, an errata transcript of the February 9, 2016 transcript was
placed in the dockets. The schedule for post-technical conference
comments is revised accordingly.
    Post-technical conference comments, not to exceed 20 pages, are due
on or before March 9, 2016.

    For more information about this technical conference, please
contact<EMAIL_ADDRESS>or Sarah McKinley,<PHONE_NUMBER>,
<EMAIL_ADDRESS>regarding logistical issues.

    Dated: February 18, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03836 Filed 2-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24065-24067]
[FR Doc No: 2013-09721]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0190]
RIN 1625-AA08

Special Local Regulation; Tuscaloosa Dragon Boat Races; Black
Warrior River; Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for a portion of the Black Warrior River, Tuscaloosa, AL.
This action is necessary for the safety of participants and spectators
on during the Junior League of Tuscaloosa Dragon Boat Races. Entry
into, transiting or anchoring in this area is prohibited to all vessels
not registered with the sponsor as participants or not part of the
regatta patrol, unless specifically authorized by the Captain of the
Port (COTP) Mobile or a designated representative.

DATES: This rule is effective from 10:30 a.m. until 4:30 p.m. on April
27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0190. 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 LT Lenell J. Carson, Sector Mobile,
Waterways Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
COTP Captain of the Port

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(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule
because there is insufficient time to publish a NPRM. The Coast Guard
received an application for a Marine Event Permit on March 17, 2013
from the Junior League of Tuscaloosa to conduct their event on April
27, 2013. After reviewing the details of the event and the permit
application, the Coast Guard determined that a special local regulation
is needed and delaying or foregoing this safety measure would be
contrary to the public interest. The special local regulation is

needed to safeguard persons and vessels from safety hazards associated
with the Junior League of Tuscaloosa Dragon Boat Races. This event is
advertised as scheduled and participants, sponsors and spectators have
planned for the event. It would be impracticable and unnecessary to
reschedule the planned and advertised event in order to complete the
NPRM process.
    For the same reasons, 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. Delaying the
effective date to provide a full 30 day notice is contrary to public
interest because immediate action is needed to protect persons and
vessels from safety hazards associated with the Junior League of
Tuscaloosa Dragon Boat Races.

B. Basis and Purpose

    The Junior League of Tuscaloosa is sponsoring a Dragon Boat Race on
the Black Warrior River. The introduction of Dragon Boats into a
commercially transited river system poses significant safety hazards to
both, the Dragon Boat racers and the commercial vessels. The COTP
Mobile is establishing a temporary special local regulation for a
portion of the Black Warrior River, Tuscaloosa, AL, to safeguard
persons and vessels during the Dragon Boat races. The legal basis and
authorities for this rule are found in 33 U.S.C. 1233 and 33 CFR part
100, which authorizes the Coast Guard to propose, establish, and define
regulatory special local regulations for safety during marine events.
    The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, the temporary special local regulation is deemed
necessary for the safeguard of life and property within the COTP Mobile
zone.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard is establishing a temporary special local
regulation for a portion of the Black Warrior River from river mile
340.5 to river mile 341.0, Tuscaloosa, AL. This temporary rule will
safeguard life and property in this area. Entry into, transiting or
anchoring in this zone is prohibited to all vessels not registered with
the sponsor as participants or not part of the regatta patrol, unless
specifically authorized by the COTP Mobile or a designated
representative. They may be contacted on VHF-FM Channel 16 or through
Coast Guard Sector Mobile at<PHONE_NUMBER>.
    The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners of changes in the effective
period for the temporary special local regulation. This rule is
effective from 10:30 a.m. until 4:30 p.m. on April 27, 2013.

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 temporary special local regulation listed in this rule will
only restrict vessel traffic from entering, transiting, or anchoring
within a small portion of the Black Warrior River, Tuscaloosa, AL. The
effect of this regulation will not be significant for several reasons:
(1) This rule will only affect vessel traffic for a short duration; (2)
vessels may request permission from the COTP to transit through the
regulated area; and (3) the impacts on routine navigation are expected
to be minimal. Notifications to the marine community will be made
through Local Notice to Mariners and Broadcast Notice to Mariners.
These notifications will allow the public to plan operations around the
regulated area.

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 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 transit or anchor in the affected portion of the Black
Warrior River, Tuscaloosa, AL during the Dragon Boat Races. This
temporary special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons. The regulated area is limited in size, is of short duration
and vessel traffic may request permission from the COTP Mobile or a
designated representative to enter or transit through the regulated
area.

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 have
determined that it 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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule would 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 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 would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

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 made a
preliminary determination that 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 involves safety for the
public and is not expected to result in any significant adverse
environmental impact as described in NEPA. This rule is categorically
excluded from further review under paragraph (34)(h) of figure 2-1 of
the Commandant Instruction. Therefore, an environmental analysis
checklist and a categorical exclusion determination are not required
for this rule.

List of Subjects 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.T08-0190 to read as follows:

Sec.  100.T08-0190  Special Local Regulation; Tuscaloosa Dragon Boat
Races; Black Warrior River; Tuscaloosa, AL.

    (a) Location. The following area is a regulated area: a portion of
the Black Warrior River, from river mile 340.5 to river mile 341,
Tuscaloosa, AL.
    (b) Effective dates. This rule will be effective and enforceable
with actual notice from 10:30 a.m. until 4:30 p.m. on April 27, 2013.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the
regulated area under the direction of a designated Coast Guard Patrol
Commander. The Patrol Commander may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM.''
    (2) All Persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
    (4) No spectator shall anchor, block, loiter, or impede the through
transit of participants or official patrol vessels in the regulated
area during the effective dates and times, unless cleared for entry by
or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
    (d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the regulated area as
well as any changes in the planned schedule.

    Dated: April 4, 2013.
D.J. Rose,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2013-09721 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P