[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15739-15740]
[DOCID:fr02ap07-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55526; File No. SR-NASD-2007-025]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Adopt New NASD Rule 7000E Series Relating to Fees and
Credits for the NASD/NYSE Trade Reporting Facility

March 26, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 21, 2007, the National Association of Securities Dealers, Inc.
(``NASD'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared substantially by NASD. NASD
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it effective
upon filing with the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6). NASD gave the Commission written
notice of its intent to file the proposed rule change on March 6,
2007.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASD proposes to adopt a new NASD Rule 7000E Series relating to
fees and credits for the NASD/NYSE Trade Reporting Facility (``NASD/
NYSE TRF''). The text of the proposed rule change is available at
http://www.nasd.com, NASD, and 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, NASD included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASD 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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On February 1, 2007, NASD filed for immediate effectiveness a
proposed rule change relating to the establishment of the NASD/NYSE
TRF.\5\ The NASD/NYSE TRF will provide NASD members with another
mechanism for reporting to NASD locked-in transactions in exchange-
listed securities effected otherwise than on an exchange. The NASD/NYSE
TRF will commence operation upon successful completion of system
testing and certification, which is currently anticipated to be in
April 2007. The instant proposed rule change would adopt a new NASD
Rule 7000E Series relating to fees and credits applicable to the NASD/
NYSE TRF.
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    \5\ See Securities Exchange Act Release No. 55325 (February 21,
2007), 72 FR 8820 (February 27, 2007) (SR-NASD-2007-011).
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    NASD is proposing that under new Rule 7002E there will be no
transaction fee for reporting locked-in trades to the NASD/NYSE TRF in
securities listed on the New York Stock Exchange (``Tape A''), the
American Stock Exchange (``Tape B''), and the Nasdaq Exchange (``Tape
C''). Although NASD is not required to file a proposed rule change
where no fees are to be assessed, for members' convenience and to avoid
potential confusion with the fee structures of other NASD facilities,
NASD is proposing Rule 7002E to clarify that there will be no charge
for use of the NASD/NYSE TRF to report locked-in transactions in
exchange-listed securities effected otherwise than on an exchange. The
text of proposed Rule 7002E is identical to the text of current Rule
7002C relating to the NASD/NSX Trade Reporting Facility (``NASD/NSX
TRF'') and Rule 7002D relating to the NASD/BSE Trade Reporting Facility
(``NASD/BSE TRF'').
    In addition, NASD is proposing a transaction credit program under
new Rule 7001E that is identical to the existing transaction credit
program for the NASD/NSX TRF under Rule 7001C. NASD members reporting
trades in Tape A, Tape B and Tape C stocks to the NASD/NYSE TRF will
receive a 50% pro rata credit on gross market data revenue earned by
the NASD/NYSE TRF with respect to those trade reports. Credits will be
paid on a quarterly basis. To the extent that market data revenue is
subject to any adjustment, credits may be adjusted accordingly.\6\
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    \6\ NASD also notes that the proposed transaction credit program
is substantially equivalent to the existing transaction credit
program for the NASD/Nasdaq Trade Reporting Facility (``NASD/Nasdaq
TRF'') under Rule 7001B and the NASD/BSE TRF under Rule 7001D.
However, under the transaction credit programs for the NASD/Nasdaq
TRF and NASD/BSE TRF, members do not receive 50% of gross revenue;
instead, members receive 50% of revenue after deducting the amount,
if any, that the respective TRF pays to the Consolidated Tape
Association or the Nasdaq Securities Information Processor for
capacity usage.
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    Tape A and Tape B revenue is currently distributed to NASD and the
exchanges based on number of trades reported, while Tape C revenue is
distributed based on an average of the number of trades and number of
shares reported. Thus, under the proposed program, the Tape A and Tape
B revenue attributable to a member will be based on number of trades
reported, while the Tape C revenue attributable to a member would be
based on number of trades and number of shares reported. A member will
receive 50% of the gross revenue attributable to it in each of the
three tapes. ``Gross revenue'' is the revenue received by the NASD/NYSE
TRF from the three tape associations after the tape associations deduct
allocated support costs and unincorporated business costs.
    NASD filed the proposed rule change for immediate effectiveness.
NASD proposes to implement the proposed rule change on the first day of
operation of the NASD/NYSE TRF, which is currently anticipated to be in
April 2007.
2. Statutory Basis
    NASD believes that the proposed rule change is consistent with the
provisions of Section 15A of the Act,\7\ in general, and with Section
15A(b)(5) of the Act,\8\ in particular, which requires, among other
things, that NASD rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that NASD operates or
controls. NASD believes that the proposed rule change is a reasonable
and equitable fee and credit structure in that there will be no fees
charged for trade reporting to the NASD/NYSE TRF and the proposed
transaction credit program is identical to existing credits for the
NASD/NSX TRF.
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    \7\ 15 U.S.C. 78o-3.
    \8\ 15 U.S.C. 78o-3(b)(5).

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

    NASD 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

    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, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\ 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    NASD has asked that the Commission waive the 30-day operative delay
set forth in Rule 19b-4(f)(6)(iii) under the Act \11\ to allow the
proposed rule change to be implemented on the first day of operation of
the NASD/NYSE TRF, which is currently anticipated to be in April 2007.
The Commission believes such waiver is consistent with the protection
of investors and the public interest, for it will allow the proposed
fees and credits to be in place at the time NASD begins operating the
NASD/NYSE TRF. For these reasons, the Commission designates the
proposal to be operative upon filing with the Commission.\12\
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    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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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-NASD-2007-025 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2007-025. 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. Copies of such
filing also will be available for inspection and copying at the
principal office of NASD. 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-NASD-2007-025 and should be submitted on or before April 23, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-5979 Filed 3-30-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14242-14243]
[FR Doc No: 2014-05517]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC14-63-000.

    Applicants: Macho Springs Solar, LLC, Southern Turner Renewable
Energy, LLC.
    Description: Joint Application for Expedited Approval under Section
203 of the Federal Power Act and Request for Confidential Treatment and
Waivers of Macho Springs Sola, LLC, et. al.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5201.
    Comments Due: 5 p.m. ET 3/25/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2474-007.
    Applicants: Sierra Pacific Power Company.
    Description: Order No. 784 Compliance & Amendments to MBR Tariff,
Volume No. 7 to be effective 2/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5116.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER10-2475-007.
    Applicants: Nevada Power Company.
    Description: Order No. 784 Compliance & Amendments to MBR Tariff,
Volume No. 11 to be effective 2/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5117.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1417-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of Original Service Agreement
No. 3128; Queue No. W3-139 to be effective 4/13/2012.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5082.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1418-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2236R3 Golden Spread Electric Cooperative, Inc. NITSA
to be effective 2/1/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5085.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1419-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: WDS Tariff Amendment RY 1 to be effective 3/1/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5099.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1420-000.
    Applicants: Sierra Pacific Power Company.
    Description: Rate Schedule No. 57 Amendments to Cost-based Rate
Tariff to be effective 2/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5118.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1421-000.
    Applicants: Diamond State Generation Partners, LLC.
    Description: Reactive Supply Service Tariff to be effective 5/1/
2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5120.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1422-000.
    Applicants: RockTenn CP, LLC.
    Description: Application and Initial Baseline Tariff Filing to be
effective 3/4/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5122.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1423-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 1148R17 American Electric Power NITSA and NOA to be
effective 2/1/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5143.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1424-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-03-04--AltaWindCertificatesOfConcurrence to be
effective 4/9/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5180.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1425-000.
    Applicants: Cheyenne Light, Fuel and Power Company.
    Description: Transmission Rates Filing to be effective 5/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5181.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1426-000.
    Applicants: Otter Tail Power Company.
    Description: Submission of Revised Transmission Capacity Exchange
Agreement to be effective 5/3/2014.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5183.
    Comments Due: 5 p.m. ET 3/25/14.

    Docket Numbers: ER14-1427-000.
    Applicants: American Electric Power Service Corporation, Public
Service Company of Oklahoma, Southwestern Electric Power Company, AEP
Oklahoma Transmission Company, Inc., AEP Southwestern Transmission
Company, Inc.
    Description: Section 205 filing to update depreciation rates of
American Electric Power Service Corporation on behalf of affiliates.
    Filed Date: 3/4/14.
    Accession Number: 20140304-5199.
    Comments Due: 5 p.m. ET 3/25/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 5, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-05517 Filed 3-12-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 31, 2009 (Volume 74, Number 60)]
[Proposed Rules]
[Page 14508-14510]
[DOCID:fr31mr09-28]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0159]
RIN 1625-AA00

Safety Zone; Barge BDL235, Pago Pago Harbor, American Samoa

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary 100-foot (30.5 meter)
radius safety zone around the 142 foot Barge BDL235 while it is
performing operations in and around the CHEHALIS wreck. The wreck's
approximate position is 14[deg]16.52[min] S, 170[deg]40.56[min] W and
centered about 350 feet north of the fuel dock in Pago Pago Harbor,
American Samoa. The safety zone is necessary to protect other vessels
and the general public from hazards associated with dive operations.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 15,
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0159 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Lieutenant Commander Marcella Granquist, Waterways
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
842-2600. If you have questions on viewing or submitting material to
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0159), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, USCG-2009-0159 in the Docket ID box, press Enter, and then
click on the balloon shape in the Actions column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and we may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, USCG-2009-0159 in the Docket ID box, press Enter, and then
click on the item in the Docket ID column. You may also visit either
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; or at Sector Honolulu, 433 Ala Moana
Blvd, Honolulu, Hawaii, 96813 between 7:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    On October 7, 1949 the 4,130-ton gasoline tanker CHEHALIS sank in
Pago Pago Inner Harbor, in an estimated 160 feet of water,
approximately 350-feet from the fuel dock located near Goat Island
Point, Pago Pago, American Samoa. Today, the CHEHALIS wreck remains a
potential pollution threat to the environment. The U.S. Coast Guard is
scheduled to conduct dive operations to determine and mitigate the
wreck's potential pollution threat to the area from April through May
2009.

Discussion of Proposed Rule

    This temporary 100-foot (30.5 meter) safety zone would be effective
from 6 a.m. April 26, 2009 through 8 p.m. May 14, 2009, (local American
Samoa time). If suspension of enforcement occurs earlier than May 14,
2009, notice of termination of the rule will be published in the
Federal Register and will be announced over marine band VHF channel 16
to ensure ample public notification. In accordance with the general
regulations in 33 CFR Part 165, Subpart C, no person or vessel would be
permitted to enter or remain in the zone except for support vessels/
aircraft and support personnel, or other vessels authorized by the
Captain of the Port or his designated representatives. Vessels,
aircraft, or persons in violation of this proposed rule would be
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

Regulatory Analyses

    We developed this proposed 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 proposed 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.
    Although this proposed regulation would restrict access to the
safety zone, the effect of this rule would not be significant because
vessels will be able to transit around the zone. Sector Honolulu COTP
will allow vessels in the zone on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities since vessels will be allowed to transit
around the 100-foot temporary Safety Zone that will often be centered
over the CHEHALIS wreck at approximately 350 feet from the fuel dock in
Pago Pago Inner Harbor, American Samoa. However, this rule may affect
the following entities, some of which may be small entities: Owners and
operators of vessels intending to transit the proposed safety zone.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant
Commander Marcella Granquist, Waterways Management Division, Sector
Honolulu,<PHONE_NUMBER>. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed 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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 5100.1 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 under the Instruction that this
action is not likely to have a significant effect on the human
environment. An environmental analysis checklist supporting this
preliminary determination is 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 proposed
rule.

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 proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 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.

    2. Add Sec.  165.T14-184 to read as follows:
    Sec.  165.T14-184 Safety Zone; Barge BDL235, Pago Pago, American
Samoa.
    (a) Location. The following area is a temporary safety zone: All
waters 100-foot or 30.5 meter radius around the 142 foot Barge, BDL235
while it is performing dive operations in and around the CHEHALIS
wreck. The wreck's approximate position is 14[deg]16.52[min] S,
170[deg]40.56[min] W and approximately 350 feet north of the fuel dock
in Pago Pago Harbor, American Samoa. These coordinates are based upon
the National Oceanic and Atmospheric Administration Coast Survey,
Pacific Ocean, Samoa Islands, chart 83484.
    (b) Regulations. (1) Entry into or remaining in the safety zone
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port Honolulu zone, or his
or her designated representative.
    (2) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port at telephone number 1-808-842-2600, the
U.S. Coast Guard Marine Safety Detachment American Samoa at telephone
number 1-684-633-2299, or on VHF channel 16 (156.800 MHz) or VHF
channel 13 (156.650 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
    (c) Enforcement period. This rule will be enforced from 6 a.m. on
April 26, 2009 through 8 p.m. on May 14, 2009.
    (d) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
zone except for support vessels/aircraft and support personnel, or
other vessels authorized by the Captain of the Port or his or her
designated representative.
    (e) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: March 19, 2009.
B. A. Compagnoni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
 [FR Doc. E9-7116 Filed 3-26-09; 4:15 pm]

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