[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37343-37346]
[FR Doc No: 2015-15973]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75289; File No. SR-NYSEArca-2015-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending Rule 1.1
Governing Definitions and Various Equity Trading Rules in Order To
Eliminate Obsolete References

June 24, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 22, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 1.1 governing Definitions and
various equity trading rules in order to eliminate obsolete references.
The text of the proposed rule change is available on the Exchange's Web
site at www.nyse.com, at the principal office of the Exchange, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 1.1 governing Definitions and
various equity trading rules in order to eliminate obsolete references.
These proposed rule changes represent current functionality and would
not propose any substantive changes to functionality. The Exchange has
separately filed proposed rule changes to support the implementation of
Pillar, which is an integrated trading technology platform designed to
use a single specification for connecting to the equities and options
markets operated by NYSE Arca and its affiliates, New York Stock
Exchange LLC (``NYSE'') and NYSE MKT LLC (``NYSE MKT'').\4\ The Pillar
I Filing proposed to adopt new rules relating to Trading Sessions,
Order Ranking and Display, and Order Execution.
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    \4\ See Securities Exchange Act Release No. 74951 (May 13,
2015), 80 FR 28721 (May 19, 2015) (SR-NYSEArca-2015-38) (Notice)
(``Pillar I Filing''). In the Pillar I Filing, the Exchange
described its proposed implementation of Pillar, including that it
would be submitting more than one rule filing to correspond to the
anticipated phased migration to Pillar.
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    In anticipation of the implementation of Pillar, the Exchange has
reviewed its rules governing equity trading and has identified a number
of rules that could be streamlined both for the current trading
platform and for Pillar.\5\

Specifically, the Exchange proposes to amend NYSE Arca Equities Rules
1.1 (Definitions) (``Rule 1.1''), 7.5 (Trading Units) (``Rule 7.5''),
7.6 (Trading Differentials) (``Rule 7.6''), 7.8 (Bid or Offer Deemed
Regular Way) (``Rule 7.8''), 7.12 (Trading Halts Due to Extraordinary
Market Volatility) (``Rule 7.12''), and 7.32 (Order Entry) (``Rule
7.32''). The proposed changes to these rules are non-substantive and
would streamline the existing rule text and eliminate obsolete terms.
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    \5\ The Exchange has filed several rule filings to streamline
its rules, but these filings generally addressed rules that describe
the functionality associated with the Exchange's order types, and
more specifically, how different order types may interact. See
Securities Exchange Act Release Nos. 71331 (Jan. 16, 2014), 79 FR
3907 (Jan. 23, 2014) (SR-NYSEArca-2013-92) (Approval order for
filing that updated rules relating to order types and modifiers);
72942 (Aug. 28, 2014), 79 FR 52784 (Sept. 4, 2014) (SR-NYSEArca-
2014-75) (Approval order for filing that eliminated specified order
types, modifiers, and related references); and 74796 (April 23,
2015), 80 FR 12537 (March 9, 2015) (SR-NYSEArca-2015-08) (Approval
order for filing to clarify Exchange rules governing order types)
(``2015 Order Type Filing''). The Exchange filed the 2015 Order Type
Filing in part to respond to a request by the SEC's Division of
Trading and Markets that equity exchanges conduct a comprehensive
review of their order types and how they operate in practice, and as
part of that review, consider appropriate rule changes. This rule
filing addresses equity rules other than those addressing orders and
modifiers.
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    Because these proposed changes are applicable to the current
trading platform, the Exchange would implement these changes as soon as
this rule filing is effective.
Proposed Amendments to Rule 1.1
    Rule 1.1 sets forth definitions in Exchange rules. The Exchange
proposes to amend Rule 1.1 to revise definitions to eliminate obsolete
references, make clarifying changes to existing definitions, add new
short-hand terms for existing definitions, and propose non-substantive
changes to replace the terms ``shall refer to'' or ``shall mean'' with
the term ``means.'' The Exchange is not proposing any substantive
changes to these rules.
    The proposed amendments to Rule 1.1 would be:
     Amend the definition of ``BBO'' set forth in Rule 1.1(h)
to add that the term ``BB'' would mean the best bid on the NYSE Arca
Marketplace and the term ``BO'' would mean the best offer on the NYSE
Arca Marketplace. The Exchange proposes to add these short-hand terms
to the definition of BBO because the Exchange would be using these
terms in its proposed Pillar rules. These are not novel terms and
therefore the Exchange proposes to adopt these terms before the
implementation of Pillar.
     Delete the definition of ``Limited Price Order'' in Rule
1.1(t) as obsolete and replace it with ``reserved.'' In the 2015 Order
Type Filing, the Exchange eliminated use of the term ``Limited Price
Order'' in Rules 7.36 and 7.37.\6\ Because the term is not used in any
other rules and the Exchange would not be proposing to use this term in
rules governing trading in Pillar, the Exchange proposes to delete the
definition.
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    \6\ See 2015 Order Type Filing, infra, note 5.
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     Amend the definition of ``Marketable'' in Rule 1.1(u) to
mean for a Limit Order, an order that can be immediately executed or
routed. The Exchange believes that this proposed definition better
describes the term ``marketable,'' which is currently defined for
Limited Price Orders as when the price matches or crosses the NBBO on
the other side of the market. The proposed definition reflects more
accurately circumstances of when an order would be marketable, which
for a Limit Order, includes if the limit price is equal to or better
than the contra-side PBBO or for Inside Limit Orders, includes if the
limit price is equal to or better than the contra-side NBBO. The
proposed new definition would also include in the definition of
marketable if an order would be required to route, because it is priced
through the PBBO or NBBO, or if it would be eligible to trade with non-
displayed interest that is priced better than the PBBO or NBBO that may
be on the NYSE Arca Book. The Exchange also proposes a non-substantive
difference to capitalize the term ``Market Order.''
     Delete the definition of ``NASD'' in Rule 1.1(y) as
obsolete and replace it with ``reserved.''
     Amend the definition of ``Nasdaq'' in Rule 1.1(z) to
update the name of Nasdaq to its current official name, which is ``The
Nasdaq Stock Market LLC,'' instead of ``The Nasdaq Stock Market, Inc.''
     Delete the definitions of ``Nasdaq Security,'' ``Nasdaq
System,'' and ``Nasdaq System BBO'' in Rules 1.1(aa), 1.1(bb) and
1.1(cc) and replace them with ``reserved.'' The Exchange no longer uses
these terms in its rules and therefore proposes to delete the
definitions as obsolete for purposes of Exchange rules.
     Amend the definition of ``NBBO, Best Protected Bid, Best
Protected Offer, Protected Best Bid and Offer (PBBO)'' in Rule 1.1(dd)
to add new short-hand defined terms. As proposed, the term ``NBB''
would mean the national best bid and the term ``NBO'' would mean the
national best offer. The Exchange also proposes to add the short-hand
terms of ``PBB'' to correlate to ``Best Protected Bid'' and ``PBO'' to
correlate to ``Best Protected Offer.'' The Exchange proposes to add
these terms, which are not novel, because the Exchange would be
proposing to use them in its proposed Pillar rules.
Proposed Amendments to Equity Trading Rules
    The Exchange proposes to amend Rules 7.5 (Trading Units), 7.6
(Trading Differentials), 7.8 (Bid or Offered Deemed Regular Way), 7.12
(Trading Halts due to Extraordinary Market Volatility), and 7.32 (Order
Entry) to eliminate obsolete references and streamline the rule text.
The Exchange is not proposing any substantive changes to these rules.
    Rule 7.5: Rule 7.5 sets forth Trading Units and currently provides:
    The unit of trading in stocks shall be 1 share and the unit of
trading in bonds shall be $1,000 in par value thereof unless otherwise
designated by the Corporation. For stocks, 100 shares shall constitute
a ``round lot,'' any amount less than 100 shares shall constitute an
``odd lot,'' and any amount greater than 100 shares that is not a
multiple of a round lot shall constitute a ``mixed lot.'' For bonds, a
designated unit of trading shall constitute a ``round lot'' and any
lesser amount shall constitute an ``odd lot.''
    The Exchange proposes non-substantive amendments to Rule 7.5 to
streamline the rule text and eliminate obsolete references to bonds,
which do not trade on the Exchange. As proposed, the amended rule would
provide:

The unit of trading in stocks is 1 share. A ``round lot'' is 100
shares, unless specified by the primary listing market to be fewer than
100 shares. Any amount less than a round lot will constitute an ``odd
lot,'' and any amount greater than a round lot that is not a multiple
of a round lot will constitute a ``mixed lot.''

    The Exchange believes that the proposed rule text streamlines the
rule and provides greater transparency of what is considered a round
lot or an odd lot. In addition, to reflect that a primary listing
market may have securities with a trading unit fewer than 100
shares,\7\ the Exchange proposes to amend the rule to provide that a
``round lot'' would be 100 shares, unless specified by the primary
listing market to be fewer than 100 shares. Because a round lot would
no longer be set at 100 shares, and instead would reflect the unit of
trading designated by the primary listing Exchange, the Exchange
proposes to delete the additional references to ``100 shares'' and
instead provide that any amount less than a round lot would constitute
an ``odd lot,'' and any amount greater than a round lot that is not a

multiple of a round lot would constitute a mixed lot. The Exchange also
proposes non-substantive amendments to change the term ``shall'' to
``will.''
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    \7\ For example, Biglari Holdings Inc. (symbol: BH), an NYSE-
listed security, has a 10-share round lot parameter.
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    The Exchange believes the proposed changes would provide
transparency regarding trading units on the Exchange and reduce
confusion regarding the types of securities available to trade on the
Exchange. Specifically, because the Exchange does not trade bonds, the
proposed amendment to delete the reference to bonds represents current
functionality.
    Rule 7.6: Rule 7.6 sets forth the Exchange's Trading Differentials,
also referred to as the minimum price variation (``MPV'') for quoting
and entry of orders, and currently provides:
    (a) The Corporation shall determine the trading differentials for
equity securities traded on the Corporation.
    Commentary:
    .01 The Corporation may only change the trading differentials for
equity securities traded on the Corporation by filing a rule change
proposal with the SEC, pursuant to section 19(b)(3)(A) of the
Securities Exchange Act of 1934 (effective upon filing); provided that
no change in the trading differentials may be made while the industry
wide Decimalization Implementation Plan is in effect.
    .02 Notwithstanding Commentary .01, the Corporation may allow
trading at smaller increments in order to match bids and offers
displayed by other markets for the purpose of preventing Intermarket
Trading System trade-throughs.
    .03 The minimum price variation (``MPV'') for quoting and entry of
orders in equity securities traded on the NYSE Arca Marketplace is
$0.01, with the exception of securities that are priced less than $1.00
for which the MPV for order entry is $0.0001, provided, however, that
the Corporation shall round the bid down to the next whole penny or the
offer up to the next whole penny and display the rounded bid or offer
in the consolidated quotation system.
    (b) Bonds. Bids or offers in bonds shall not be made at a lesser
variation than 1/8 of 1% of the principal amount, except that the
Corporation may fix a lesser variation in specific issues.
    The Exchange proposes non-substantive amendments to Rule 7.6 to
eliminate obsolete references to the Decimalization Implementation
Plan, Intermarket Trading System (``ITS''), and bonds, and instead have
the rule simply provide what are the Exchange's trading differentials
for equity securities.
    Because Commentaries .01 and .02 refer to how trading differentials
could be set before the industry-wide Decimalization Implementation
Plan was in effect and to comply with the now-obsolete ITS
requirements, respectively, the Exchange proposes to delete those two
commentaries as obsolete text. The Exchange also proposes to delete the
text that currently follows paragraph (a) of the Rule because the
Exchange does not determine the trading differentials; these are now
industry-wide standards. The Exchange also proposes to delete paragraph
(b) of the rule, which relates to the MPV for bonds, because the
Exchange does not trade bonds.
    The Exchange proposes that current Commentary .03 would become the
sole rule text, without any subparagraph number. The Exchange would
amend the text currently set forth in Commentary .03 to delete the term
``equity'' as unnecessary, conform the rule text to use the clause
``quoting and entry of orders'' for securities priced less than $1.00,
and delete the last clause in the commentary regarding rounding as an
obsolete requirement.\8\
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    \8\ The Exchange publishes bids and offers priced under $1.00 in
sub-penny increments to the public data feeds and no longer rounds
such quotes to the whole penny.
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    Accordingly, as proposed, amended Rule 7.6 would provide that the
MPV for quoting and entry of orders in securities traded on the NYSE
Arca Marketplace would be $0.01, with the exception of securities that
are priced less than $1.00, for which the MPV for quoting and entry of
orders would be $0.0001. The Exchange believes that the proposed
streamlined rule would promote transparency in Exchange rules to
identify the MPVs applicable to securities trading on the Exchange.
    Rule 7.8: Rule 7.8 sets forth how bids or offers are deemed regular
way, which relates to the settlement instructions for an order, and
provides that ``[b]ids and offers made without stated conditions shall
be considered to be `regular way.' `Regular way' bids or offers have
priority over conditional bids or offers.''
    The Exchange proposes non-substantive amendments to Rule 7.8 to
eliminate obsolete rule text. Because the Exchange currently only
accepts bids and offers made regular way, and does not accept any bids
or offers with stated conditions, the Exchange proposes non-substantive
amendments to delete text relating to stated conditions or that
``regular way'' bids or offers have priority over conditional bids or
offers. Accordingly, as proposed, amended Rule 7.8 would provide that
Bids and offers would be considered ``regular way.'' The Exchange
believes the proposed rule change would reduce confusion by eliminating
references to functionality that is not available on the Exchange.
    Rule 7.12: Rule 7.12 sets forth the market-wide rule relating to
trading halts due to extraordinary market volatility.\9\ In the Pillar
I Filing, the Exchange has proposed to replace references from Pacific
Time to Eastern Time, and the Exchange believes that this proposed
change should be made to rules that would not otherwise be amended for
Pillar. Accordingly, the Exchange proposes non-substantive amendments
to Rule 7.12 to replace Pacific Time references with Eastern Time
references. The Exchange believes that references to Eastern Time
rather than Pacific Time would reduce confusion because all other
equity exchanges that have a rule similar to Rule 7.12, which was
adopted on a market-wide basis, use Eastern Time references.
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    \9\ See Securities Exchange Act Release No. 67090 (May 31,
2012), 77 FR 33531 (June 6, 2012) (Approval order of amendments to
all equity exchange rules relating to trading halts due to
extraordinary market volatility, including Rule 7.12).
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    Rule 7.32: Rule 7.32 sets forth the Exchange's rules relating to
order entry and currently provides:
Users may enter into the NYSE Arca Marketplace the types of orders
listed in Rule 7.31; provided, however, no User may enter an order
other than a PNP Order unless the User or the User's Sponsoring ETP
Holder has entered into a Routing Agreement. Orders entered that are
greater than five million shares in size shall be rejected. Upon at
least 24 hours advance notice to market participants, the Exchange may
decrease the maximum order size on a security-by-security basis.

    The Exchange proposes to delete the first sentence of the current
rule because in order to enter orders at the Exchange, an ETP Holder
must have entered into a routing agreement, which is part of the ETP
Holder's agreement to become a member of the Exchange. Because there is
no possibility of being able to enter any orders at the Exchange
without being approved as an ETP Holder and once approved as an ETP
Holder, there is no limitation on the types of orders or modifiers that
may be entered by that ETP Holder, the Exchange believes that the first
sentence of the current rule text is no longer necessary and represents
obsolete requirements. The Exchange also believes the proposed rule
change would reduce confusion because it would streamline the rule to
focus on

the size of orders that may be entered at the Exchange.
    With respect to the second sentence of the current rule, the
Exchange proposes a non-substantive amendment to change the term
``shall'' to ``will.'' As amended, Rule 7.32 would therefore provide
that Orders entered that are greater than five million shares in size
would be rejected and upon at least 24 hours advance notice to market
participants, the Exchange may decrease the maximum order size on a
security-by-security basis.
2. Statutory Basis
    The proposed rule change is consistent with section 6(b) of the
Securities Exchange Act of 1934 (the ``Act''),\10\ in general, and
furthers the objectives of section 6(b)(5),\11\ in particular, because
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, 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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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule changes would remove
impediments to and perfect the mechanism of a free and open market
because they would not make any substantive changes to Exchange rules,
but rather are designed to reduce confusion by eliminating obsolete
references and terms and therefore streamline the Exchange's rules. The
Exchange further believes that the proposed changes would remove
impediments to and perfect a free and open market because the proposed
changes would simplify the structure of the Exchange's rules and permit
the use of consistent terminology throughout numerous rules, without
changing the underlying functionality. The Exchange therefore believes
that the proposed rule amendments would promote transparency in
Exchange rules by using consistent terminology governing equities
trading, thereby ensuring that members, regulators, and the public can
more easily navigate the Exchange's rulebook and better understand how
equity trading is conducted on the Exchange.

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. The proposed change is not
designed to address any competitive issue but rather to make non-
substantive changes to streamline the Exchange's rules in order to
promote transparency and reduce potential confusion, thereby making the
Exchange's rules easier to navigate.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, 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
\12\ and Rule 19b-4(f)(6)(iii) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-54 on the subject line.

Paper comments

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

All submissions should refer to File Number SR-NYSEArca-2015-54. 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 such filing will also be available
for inspection and copying at the principal office of the Exchange and
on its Internet Web site at www.nyse.com. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2015-54 and should be submitted
on or before July 21, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15973 Filed 6-29-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Page 29127]
[FR Doc No: 2023-09603]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1766-000]

Boott Hydropower, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Boott Hydropower, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 22, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: May 1, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09603 Filed 5-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7651-7653]
[FR Doc No: 2021-02107]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0691]
RIN 1625-AA00

Safety Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain waters of Garrison Channel, Seddon Channel Turning Basin, and
the Hillsborough River, in the vicinity of downtown Tampa, Florida
during the Super Bowl LV celebrations. The safety zone is necessary to
protect the public and Super Bowl LV event personnel from the hazards
associated with potential vessel traffic within the area of the safety
zone. All persons and vessels would be required to transit through the
safety zone at a steady speed and may not slow down, stop or anchor
except in the case of unforeseen mechanical failure or other emergency
unless given prior authorization from the Captain of the Port. Any
person or vessel forced to slow or stop in the established zone must
immediately notify the Captain of the Port Tampa via VHF channel 16.

DATES: This rule is effective daily from 12:01 a.m. on January 29,
2021, through 11:59 p.m. on February 7, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0691 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Michael D.
Shackleford, Sector St. Petersburg Prevention Department, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for bypassing the full notice and comment process because
it is impracticable and contrary to the public interest to do so in
this situation. On September 22, 2020, the Maritime Subcommittee for
Super Bowl LV notified the Coast Guard that during the Super Bowl LV
event celebrations there will be several planned super bowl-related
events throughout the waterfront areas of Tampa, FL. These events will
occur at various times from January 29, 2021 through February 7, 2021.
These events could lead to large gatherings of persons and vessels in
waterways around the Tampa area. The Captain of the Port St. Petersburg
(COTP) has determined that the potential hazards associated with
persons and vessel congestion within the safety zone during these
events is a safety concern. A notice of proposed rulemaking was
published to the Federal Register on January 4, 2021, however, there
remains insufficient time to complete the full rulemaking process.\1\
It is necessary for the Coast Guard to establish this safety zone by
January 29, 2021, in order to ensure the appropriate level of
protection exists in order to mitigate the potential safety hazards
associated with the Super Bowl LV event celebrations. Therefore, this
temporary final rule is being published before the comment period ends
on the notice of proposed rulemaking.
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    \1\ See Coast Guard notice of proposed rulemaking, ``Safety
Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL'' (86 FR
32) (this document is available at: https://beta.regulations.gov/document/USCG-2020-0691-0001).
---------------------------------------------------------------------------

    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 of
this rule for the same reasons stated in the preceding paragraph.

III. Discussion of the Rule

    This rule establishes a safety zone from January 29, 2021, through
February 7, 2021. The safety zone would cover certain navigable waters
of Garrison Channel, Seddon Channel Turning Basin, and the Hillsborough
River, in the vicinity of downtown Tampa, Florida. The duration of the
zone is intended to ensure the safety of persons, vessels, and
navigable waters before, during, and after the scheduled events. All
persons and vessels would be required to transit through the safety
zone at a steady speed and may not slow down, stop or anchor except in
the case of unforeseen mechanical failure or other emergency unless
given prior authorization from the COTP. Any person or vessel forced to
slow or stop in the established zone must immediately notify the
Captain of the Port Tampa via VHF channel 16.

IV. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, scope and duration of the safety zone. The rule will impact
only a small designated area of Garrison Channel, Seddon Channel
Turning Basin, and the Hillsborough

River in the vicinity of downtown Tampa, Florida, and vessel traffic
will be able to safely operate in the area with minimal restrictions,
hence the safety zone is limited in size and location. Vessels will be
able to transit through the safety zone at a steady speed, making it
limited in scope. The safety zone will be in effect for ten days,
making it limited in duration. The Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM Channel 16 about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 4 days that will prohibit entry to
all navigable waters of Tampa Bay, Florida east of a line formed by
connecting the points of 27[deg]48'9'' N, 082[deg]24'56'' W and
27[deg]48'0'' N, 082[deg]24'56'' W. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0691 to read as follows:

Sec.  165.T07-0691   Safety Zone; Super Bowl LV, Hillsborough Bay and
River, Tampa, FL.

    (a) Location. The following regulated area is a safety zone: All
waters in the vicinity of downtown, Tampa, Florida, in the Hillsborough
River downstream of the North Boulevard Bridge; the turning basin at
the mouth of Hillsborough River north of Seddon Channel, west of the
South Harbour Island Boulevard Bridge, and northeast of the northwest-
bound span of the Davis Islands Bridge; and Garrison Channel west of
the Beneficial Drive Bridge.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
area.
    (c) Regulations. (1) All persons and vessels are required to
transit through the safety zone at a steady speed and

may not slow down, stop, or anchor except in the case of unforeseen
mechanical failure or other emergency, to avoid collision, or to
otherwise comply with the Inland Navigation Rules (33 CFR part 83),
unless given prior authorization from the Captain of the Port. Any
person or vessel forced to slow or stop in the established zone must
immediately notify the Captain of the Port Tampa via VHF channel 16.
    (2) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced daily from
January 29, 2021, through February 7, 2021.

    Dated: January 15, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-02107 Filed 1-28-21; 11:15 am]
BILLING CODE 9110-04-P