[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Notices]
[Pages 63821-63825]
[FR Doc No: 2016-22251]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78812; File No. SR-CHX-2016-17]

Self Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Article 20, Rule 13(b) To Modify Certain Data Collection
Requirements of the Regulation NMS Plan To Implement a Tick Size Pilot
Program

September 12, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 29, 2016, the Chicago Stock Exchange, Inc. (``CHX'' or
the ``Exchange'') 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 by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CHX proposes to amend Article 20, Rule 13(b) to modify certain data
collection requirements of the Regulation NMS Plan to Implement a Tick
Size Pilot Program.
    CHX has designated this proposed rule change as non-controversial
pursuant to Section 19(b)(3)(A) \3\ of the Act and Rule 19b-4(f)(6) \4\
thereunder and has provided the Commission with the notice required by
Rule 19b-4(f)(6)(iii).\5\
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of this proposed rule change is available on the
Exchange's Web site at (www.chx.com) and in 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 CHX included statements
concerning the purpose of and basis for the proposed rule changes 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. The CHX 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 Changes

1. Purpose
    On August 25, 2014, the Exchange, and several other self-regulatory
organizations (the ``Plan Participants'' \6\) filed with the
Commission, pursuant to Section 11A of the Act \7\ and Rule 608 of
Regulation NMS thereunder,\8\ the Plan to Implement a Tick Size Pilot
Program (the ``Plan'').\9\ The Plan Participants filed the Plan to
comply with an order issued by the Commission on June 24, 2014.\10\ The
Plan \11\ was published for comment in the Federal Register on November
7, 2014, and approved by the Commission, as modified, on May 6,
2015.\12\
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    \6\ A ``Participant'' is a ``member'' of the Exchange for
purposes of the Act. See CHX Article 1, Rule 1(s). For clarity, the
Exchange proposes to utilize the term ``CHX Participant'' when
referring to members of the Exchange and the term ``Plan
Participant'' when referring to Participants of the Plan.
    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
    \9\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \10\ See Securities Exchange Act Release No. 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \11\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
    \12\ See Securities Exchange Act Release No. 74892 (May 6,
2015), 80 FR 27513 (May 13, 2015) (``Approval Order'').
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    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stocks of small-
capitalization companies. Each Plan Participant is required to comply,
and to enforce compliance by its members, as applicable, with the
provisions of the Plan.
    The Plan provides for the creation of a group of Pilot Securities,
which shall be placed in a control group and three separate test
groups, with each subject to varying quoting and trading increments.
Pilot Securities in the control group will be quoted at the current
tick size increment of $0.01 per share and will trade at the currently
permitted increments. Pilot Securities in the first test group will be
quoted in $0.05 minimum increments but will continue to trade at any
price increment that is currently permitted.\13\ Pilot Securities in
the second test group (``Test Group Two'') will be quoted in $0.05
minimum increments and will trade at $0.05 minimum increments subject
to a midpoint exception, a retail investor order exception, and a
negotiated trade exception.\14\ Pilot Securities in the third test
group (``Test Group Three'') will be subject to the same quoting and
trading increments as Test Group Two, and also will be subject to the
``Trade-at'' requirement to prevent price matching by a market
participant that is not displaying at the price of a Trading Center's
``Best Protected Bid'' or ``Best Protected Offer,'' unless an
enumerated exception applies.\15\ In addition to the exceptions
provided under Test Group Two, an exception for Block Size orders and
exceptions that mirror those under Rule 611 of Regulation NMS \16\ will
apply to the Trade-at requirement.
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    \13\ See Section VI(B) of the Plan.
    \14\ See Section VI(C) of the Plan.
    \15\ See Section VI(D) of the Plan.
    \16\ 17 CFR 242.611.
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    The Plan also requires a Trading Center \17\ or a Market Maker \18\
to collect and transmit certain data to its designated examining
authority (``DEA''), and requires DEAs to transmit this data to the
Commission. Plan Participants that operate a Trading Center also are
required under the Plan to collect certain data, which is then
transmitted directly to the Commission. With respect to Trading
Centers, Appendix B.I to the Plan (Market Quality Statistics) requires
a Trading Center to submit to the Plan Participant that is its DEA a
variety of market quality statistics. Appendix B.II to the Plan (Market
and Marketable Limit Order Data) requires a Trading Center to submit
information to its DEA relating to market orders and marketable limit
orders, including the time of order receipt, order type, the order
size, and the National Best Bid and National Best Offer quoted price.
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    \17\ The Plan incorporates the definition of a ``Trading
Center'' from Rule 600(b)(78) of Regulation NMS. Regulation NMS
defines a ``Trading Center'' as ``a national securities exchange or
national securities association that operates an SRO trading
facility, an alternative trading system, an exchange market maker,
an OTC market maker, or any other broker or dealer that executes
orders internally by trading as principal or crossing orders as
agent.'' See 17 CFR 242.600(b).
    \18\ The Plan defines a Market Maker as ``a dealer registered
with any self-regulatory organization, in accordance with the rules
thereof, as (i) a market maker or (ii) a liquidity provider with an
obligation to maintain continuous, two-sided trading interest.''
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    With respect to Market Makers, Appendix B.III requires a Plan
Participant that is a national securities exchange to collect daily
Market Maker Registration statistics. Appendix B.IV requires a Plan
Participant to collect data related to Market Maker participation with
respect to each Market Maker engaging in trading activity on a Trading
Center operated by the Plan Participant. Appendix C.I requires a Plan
Participant to collect data related to Market Maker profitability from
each Market Maker for which it is the DEA. Appendix C.II requires the
Plan Participant, as DEA, to aggregate the Appendix C.I data, and to
transmit this data to the Commission.
    The Commission approved the Pilot on a two-year basis, with
implementation to begin no later than May 6, 2016.\19\ On November 6,
2015, the SEC exempted the Plan Participants from implementing the
pilot until October 3, 2016.\20\ As set forth in Appendices B and C to
the Plan, data that is reported pursuant to the appendices shall be
provided for dates starting six months prior to the Pilot Period
through six months after the end of the Pilot Period. Under the revised
Pilot implementation date, the Pre-Pilot data collection period
commenced on April 4, 2016.
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    \19\ See Approval Order at 27533 and 27545.
    \20\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015) (File No. 4-657).
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    On March 28, 2016, the Exchange filed with the Commission a
proposed rule change to adopt Article 20, Rule 13(b) to implement the
data collection requirements of the Plan, which was immediately
effective upon filing.\21\ On December 9, 2015, FINRA, on behalf of the
Plan Participants, submitted an exemptive request to the Commission,
seeking an exemption from certain data collection and reporting
requirements set forth in the Plan.\22\
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    \21\ See Securities Exchange Act Release No. 77469 (March 29,
2016), 81 FR 19275 (April 4, 2016) (SR-CHX-2016-03).
     The Exchange also submitted a proposed rule change to implement
the quoting and trading requirements of the Plan. See Securities
Exchange Act Release No. 78146 (June 23, 2016), 81 FR 42380 (June
29, 2016) (SR-CHX-2016-09).
    \22\ See Letter from Marcia E. Asquith, Senior Vice President
and Corporate Secretary, FINRA, to Robert W. Errett, Deputy
Secretary, Commission, dated December 9, 2015 (``Exemptive
Request''). The Commission, pursuant to its authority under Rule
608(e) of Regulation NMS, granted the Exchange a limited exemption
from the requirement to comply with certain provisions of the Plan
as specified in the letter and noted herein. See letter from John C.
Roeser, Associate Director, Division of Trading and Markets,
Commission, to Albert Kim, Vice President and Associate General
Counsel, CHX, dated April 4, 2016 (``Exemption Letter'').
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    The Exchange now proposes to further amend Article 20, Rule 13(b)
to modify additional data collection and reporting requirements.\23\
First,

Appendix B.I.a(21) through B.I.a(27) currently requires that Trading
Centers report the cumulative number of shares of cancelled orders
during a specified duration of time after receipt of the order that was
cancelled. The Exchange and the other Plan Participants believe that,
for purposes of reporting cancelled orders, it is appropriate to
categorize unexecuted Immediate or Cancel orders separately as one
bucket irrespective of the duration of time after order receipt, i.e.,
without a time increment, to better differentiate orders cancelled
subsequent to entry from those where the customer's intent prior to
order entry was to cancel the order if no execution could be
immediately obtained. The Exchange, therefore, proposes to modify
Interpretations and Policies paragraph .04 to provide that unexecuted
Immediate or Cancel orders shall be categorized separately for purposes
of Appendix B.I.a(21) through B.I.a(27).
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    \23\ The Exchange notes that, in connection with this proposed
rule change, FINRA, on behalf of the Plan Participants, intends to
file an exemptive request seeking relief from certain of the Plan's
data collection requirements.
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    The second change relates to the reporting of daily market quality
statistics pursuant to Appendix B.I. Currently, Appendix B.I sets forth
categories of orders, including market orders, marketable limit orders,
and inside-the-quote resting limit orders, for which daily market
quality statistics must be reported. The Exchange and the other Plan
Participants have determined that it is appropriate to include an order
type for limit orders priced more than $0.10 away from the NBBO for
purposes of Appendix B reporting. The Exchange therefore proposes to
amend Interpretations and Policies paragraph .06 to provide that limit
orders priced more than $0.10 away from the NBBO shall be included as
an order type for purposes of Appendix B reporting, and shall be
assigned the number (22). These orders are not currently required to be
reported pursuant to Appendix B, and the Exchange and the other Plan
Participants believe that requiring the reporting of such orders will
produce a more comprehensive data set.
    The third change relates to the reporting of market quality
statistics pursuant to Appendix B.I for a variety of order types,
including inside-the-quote resting limit orders (12), at-the-quote
resting limit orders (13), and near-the-quote resting limit orders
(within $0.10 of the NBBO) (14). The Exchange and the other Plan
Participants believe that it is appropriate to require Trading Centers
to report all orders that fall within these categories, and not just
those orders that are ``resting.'' The Exchange, therefore, proposes to
amend Interpretations and Policies paragraph .06 to make this change.
    In the fourth change, the Exchange proposes to add new
Interpretations and Policies paragraph .09 to modify the manner in
which market maker participation statistics are calculated. Currently,
Appendix B.IV provides that market maker participation statistics shall
be calculated based on share participation, trade participation, cross-
quote share (trade) participation, inside-the-quote share (trade)
participation, at-the-quote share (trade) participation, and outside-
the-quote share (trade) participation. The Exchange and the other Plan
Participants have determined that it is appropriate to add the count of
the number of Market Makers used in the calculation of share (trade)
participation to each category. The Exchange is therefore proposing
this change as part of Interpretations and Policies paragraph .09. In
addition, Appendix B.IV(b) and (c) currently require that, when
aggregating across Market Makers, share participation and trade
participation shall be calculated using the share-weighted average and
trade-weighted average, respectively. The Exchange and the other Plan
Participants believe that it is more appropriate to calculate share and
trade participation by providing the total count of shares or trades,
as applicable, rather than weighted averages, and the Exchange is
therefore proposing this change as part of Interpretations and Policies
paragraph .09.
    The fifth change relates to the NBBO that a Trading Center is
required to use when performing certain quote-related calculations.
When calculating cross-quote share (trade) participation pursuant to
Appendix B.IV(d) and inside-the-quote share (trade) participation
pursuant to Appendix B.IV(e), the Plan requires the Trading Center to
utilize the NBBO at the time of the trade for both share and trade
participation calculations. When calculating at-the-quote share (trade)
participation and outside-the-quote share (trade) participation
pursuant to Appendix B.IV(f) and (g), the Plan allows the Trading
Center to utilize the National Best Bid or National Best Offer (NBBO)
at the time of or immediately before the trade for both share and trade
participation calculations. The Exchange and the other Plan
Participants believe that it is appropriate to calculate all quote
participation (cross-quote share (trade) participation, inside-the-
quote share (trade) participation, at-the-quote share (trade)
participation and outside-the-quote share (trade) participation) solely
by reference to the NBBO in effect immediately prior to the trade. The
Exchange therefore proposes to make this change as part of
Interpretations and Policies paragraph .09.
    Finally, the Exchange proposes to change the end date until which
the Pre-Pilot Data Collection Securities shall be used to fulfill the
Plan's data collection requirements. Currently, Interpretations and
Policies paragraph .10 provides that Pre-Pilot Data Collection
Securities are the securities designated by the Plan Participants for
purposes of the data collection requirements described in Items I, II
and IV of Appendix B and Item I of Appendix C to the Plan for the
period beginning six months prior to the Pilot Period and ending on the
trading day immediately preceding the Pilot Period. The Exchange and
the other Plan Participants believe that it is appropriate to use the
Pilot Securities to satisfy the Plan's data collection requirements
prior to the commencement of the Pilot. According, the Exchange is
revising Interpretations and Policies paragraph .10 (which will be re-
numbered as Interpretations and Policies paragraph .11) to provide that
the Pre-Pilot Data Collection Securities shall be used to satisfy the
Plan's data collection requirements through thirty-one days prior to
the Pilot Period, after which time the Pilot Securities shall be used
for purposes of the data collection requirements.\24\
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    \24\ After regular trading hours on September 2, 2016, the
national securities exchanges will establish which securities will
be included as Pilot Securities for purposes of the Plan. The
Exchange and the other Plan Participants have determined that
members should use the Pilot Securities list for data collection
purposes once it becomes available. Thus, the proposed rule change
requires that, beginning thirty days prior to the first day of the
Pilot Period--i.e., September 3, 2016--the Exchange and CHX
Participants will comply with the data collection obligations of the
Plan by collecting data on the Pilot Securities. As a result,
beginning on September 3, 2016, CHX Participants must migrate from
using the Exchange's published Pre-Pilot Data Collection Security
list and begin using the Pilot Securities list. September 2, 2016
will be the last day that CHX Participants use the Pre-Pilot Data
Collection Security list.
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    The Exchange has filed the proposed rule change for immediate
effectiveness. The Exchange has requested that the SEC waive the 30-day
operative period so that the proposed rule change can become operative
on August 30, 2016.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \25\ in general, and furthers the objectives of Section
6(b)(5) of the Act \26\ in particular, in that it is designed 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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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that this proposal is consistent with the Act
because it implements and clarifies the provisions of the Plan, and is
designed to assist the Exchange in meeting its regulatory obligations
pursuant to the Plan. In approving the Plan, the SEC noted that the
Pilot was an appropriate, data-driven test that was designed to
evaluate the impact of a wider tick size on trading, liquidity, and the
market quality of securities of smaller capitalization companies, and
was therefore in furtherance of the purposes of the Act. The Exchange
believes that this proposal is in furtherance of the objectives of the
Plan, as identified by the SEC, and is therefore consistent with the
Act because the proposal implements and clarifies the requirements of
the Plan.

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

    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Exchange in
meeting its regulatory obligations pursuant to the Plan. The Exchange
also notes that, other than the change to require use of the Pilot
Securities beginning thirty days prior to the beginning of the Pilot
Period, the proposed changes will not affect the data collection and
reporting requirements for CHX Participants that operate Trading
Centers; the proposed changes will only affect how the Exchange and
Plan Participants that operate Trading Centers collect and report data.
The Exchange notes that, with respect to the change to require the use
of the Pilot Securities beginning thirty days prior to the start of the
Pilot Period, the proposed change reduces the number of securities on
which affected CHX Participants otherwise would have been required to
collect data pursuant to the Plan and Article 20, Rule 13(b). In
addition, the proposed rule change applies equally to all similarly
situated CHX Participants. Therefore, the Exchange 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 Regarding the
Proposed Rule Changes Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \27\ and Rule 19b-4(f)(6) \28\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, 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.
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    \27\ 15 U.S.C. 78s(b)(3)(A).
    \28\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \29\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\30\ 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 so that the
proposed rule change can become operative on August 30, 2016.
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    \29\ 17 CFR 240.19b-4(f)(6).
    \30\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement the proposed rules
immediately thereby preventing delays in the implementation of the
Plan. The Commission notes that the Plan is scheduled to start on
October 3, 2016. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change to be operative
upon filing with the Commission.\31\
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    \31\ 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).
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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.\32\
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    \32\ 15 U.S.C. 78s(b)(3)(C).
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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 proposal 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 No. SR-CHX-2016-17 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CHX-2016-17. 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 changes 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 CHX. 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 No. SR-CHX-2016-17 and should be
submitted on or before October 7, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22251 Filed 9-15-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Page 19915]
[FR Doc No: 2022-07281]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL22-43-000]

Black Rock Wind Force, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On March 31, 2022, the Commission issued an order in Docket No.
EL22-43-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation into whether Black Rock Wind
Force, LLC's Rate Schedule \1\ is unjust, unreasonable, unduly
discriminatory or preferential, or otherwise unlawful. Black Rock Wind
Force, LLC, 178 FERC ] 61,246 (2022).
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    \1\ Black Rock Wind Force, LLC, Reactive Rate Schedule, FERC
Electric Rate Schedule No. 1 (1.0.0).
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    The refund effective date in Docket No. EL22-43-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL22-43-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2021), within 21 days of the date of
issuance of the order.
    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 FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.

    Dated: March 31, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-07281 Filed 4-5-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: July 9, 2008 (Volume 73, Number 132)]
[Notices]
[Page 39323-39324]
[DOCID:fr09jy08-75]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of compliance date, Captain of the Port Zones Buffalo,

Duluth, Detroit, Lake Michigan, and Sault Ste. Marie.

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SUMMARY: This Notice informs owners and operators of facilities located
within Captain of the Port Zones Buffalo, Duluth, Detroit, Lake
Michigan, and Sault Ste. Marie that they must implement access control
procedures utilizing TWIC no later than October 31, 2008.

DATES: This Notice is effective July 9, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this notice as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this Notice,
call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to
realign the compliance date for implementation of the Transportation
Worker Identification Credential. 73 FR 25562. The date by which
mariners need to obtain a TWIC, and by which owners and operators of
vessels, facilities, and outer continental shelf facilities, who have
not otherwise been required to implement access control procedures
utilizing TWIC, must implement those procedures, is now April 15, 2009
instead of September 25, 2008. Owners and operators of facilities that
must comply with 33 CFR part 105 will still be subject to earlier,
rolling compliance dates, as laid out in 33 CFR 105.115(e). On the same
day, the Coast Guard announced the first of the rolling compliance
dates and owners and operators of facilities located within Captain of
the Port (COTP) Zones Boston, Northern New England, and Southeastern
New England were informed that they must implement access control
procedures utilizing TWIC no later than October 15, 2008. 73 FR 25757.
    The Coast Guard will continue to announce rolling compliance dates,
as laid out in 33 CFR 105.115(e), at least 90 days in advance via
notices published in the Federal Register. The final compliance date
for all COTP Zones will not be later than April 15, 2009.

II. Notice of Facility Compliance Date--COTP Zones Buffalo, Duluth,
Detroit, Lake Michigan, and Sault Ste. Marie

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners
and operators must be operating in accordance with the TWIC provisions
in this part by the date set by the Coast Guard in a Notice to be
published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR
105.115(e) located within COTP Zones Buffalo, Duluth, Detroit, Lake
Michigan, and Sault Ste. Marie that the deadline for their compliance
with Coast Guard and TSA TWIC requirements is October 31, 2008.
    The TSA and Coast Guard have determined that this date provides
sufficient time for the estimated population required to obtain TWICs
for these COTP Zones to enroll and for TSA to complete the necessary
security threat assessments for those enrollment applications. We
strongly encourage persons requiring unescorted access to facilities
regulated by 33 CFR part 105 and located in one of these COTP Zones to
enroll for their TWIC as soon as possible, if they haven't already.
Information on enrollment procedures, as well as a link to the pre-
enrollment website (which will also enable an applicant to make an
appointment for enrollment), may be found at https://
twicprogram.tsa.dhs.gov/TWICWebApp/.
    You may also visit our Web site at homeport.uscg.mil/twic for a
framework showing expected future compliance dates by COTP Zone. This
list is subject to change; changes in expected future compliance dates
will appear on that website. The exact compliance date for COTP Zones
will also be announced in the Federal Register at least 90 days in
advance.

    Dated: July 2, 2008.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Chief, Ports and Facilities Activities.
[FR Doc. E8-15489 Filed 7-8-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76682-76684]
[FR Doc No: 2013-30042]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71058; File No. SR-EDGX-2013-46]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Amendments to the EDGX Exchange, Inc. Fee Schedule

December 12, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 6, 2013, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 its fees and rebates applicable to
Members \3\ of the Exchange pursuant to EDGX Rule 15.1(a) and (c)
(``Fee Schedule'') to exclude odd lot transactions from its definition
of Total Consolidated Volume (``TCV''), which is used to determine
whether a Member is eligible for certain pricing tiers. The text of the
proposed rule change is available on the Exchange's Web site at
www.directedge.com, at the Exchange's principal office, on the
Commission's Web site at www.sec.gov, and at the Public Reference Room
of the Commission.
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    \3\ The term ``Member'' is defined as ``any registered broker or
dealer, or any person associated with a registered broker or dealer,
that has been admitted to membership in the Exchange. A Member will
have the status of a ``member'' of the Exchange as that term is
defined in Section 3(a)(3) of the Act.'' See Exchange Rule 1.5(n).
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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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    The Exchange currently defines TCV as ``the volume reported by all
exchanges and trade reporting facilities to the consolidated
transaction reporting plans for Tapes A, B and C securities for the
month in which the fees are calculated.'' \4\ An odd lot transaction,
which is generally an execution of less than 100 shares,\5\ is
currently not reported to the consolidated tape, and therefore, not
included in the Exchange's calculation of TCV. Beginning December 9,
2013, odd lot transactions will be reported to the consolidated
tape.\6\ The Exchange, therefore, proposes to amend its Fee Schedule to
exclude odd lot transactions from its definition of TCV, which is used
to determine whether a Member is eligible for certain pricing tiers,
through January 31, 2014. The proposal would allow Members additional
time to adjust to the potential impact of including odd lot
transactions within consolidated volumes. Odd lots will continue to be
included in each Member's average daily trading volume (``ADV'') as
they are today.
---------------------------------------------------------------------------

    \4\ See Exchange Fee Schedule available at http://www.directedge.com/Trading/EDGXFeeSchedule.aspx  (December 2, 2013)
    \5\ See Exchange Rule 11.6.
    \6\ See Securities Exchange Act Release No. 70794 (October 31,
2013), 78 FR 66789 (November 6, 2013) (SR-CTA-2013-05) (Order
Approving the Eighteenth Substantive Amendment to the Second
Restatement of the CTA Plan). See also Securities Exchange Act
Release No. 70793 (October 31, 2013), 78 FR 66788 (November 6, 2013)
(File No. S7-24-89) (Order Approving Amendment No. 30 to the Joint
Self-Regulatory Organization Plan Governing the Collection,
Consolidation and Dissemination of Quotation and Transaction
Information for Nasdaq-Listed Securities Traded on Exchanges on an
Unlisted Trading Privileges Basis). See also Securities Exchange Act
Release No. 70898 (November 19, 2013) (SR-NYSE-2013-75). See also
announcements regarding December 9, 2013 implementation date,
available at https://cta.nyxdata.com/cta/popup/news/2385 and http://www.nasdaqtrader.com/TraderNews.aspx?id=uva2013-11. If the inclusion
of odd lot transactions in the consolidated tape is delayed to a
date after December 9, 2013, the manner of inclusion or exclusion of
odd lot transactions described in this proposal for purposes of
billing on the Exchange would similarly take effect on such later
date.
---------------------------------------------------------------------------

    The Exchange provides Members with the opportunity to qualify for a
pricing tier based on its [sic] level of activity during a particular
month. Each tier provides a Member with increased rebates or lower fees
for adding or removing liquidity in the Exchange. Certain tiers use a
specific percentage of TCV during the billing cycle as a threshold that
a Member must meet or exceed to qualify for a particular tier. For
example, to qualify for the Mega Tier 2 and receive a rebate of $0.0032
per share and fee of $0.0029 per share, a Member must: add or route at
least 4,000,000 shares of ADV prior to 9:30 a.m. or after 4:00 p.m.
(includes all flags except 6); and add a minimum of 0.20% of the TCV on
a daily basis measured monthly, including during both market hours and
pre and post-trading hours. To qualify for Market Depth Tier 1 and
receive a rebate of $0.00325 per share, a Member must: add greater than
or equal to 0.85% of the TCV in ADV on EDGX in total; and add at least
4 million shares as Non-Displayed Orders that yield Flag HA.
    The proposal to exclude odd lot transactions from the TCV
calculation is intended to allow Members additional time to adjust to
the potential impact of including odd lot transactions within

consolidated volumes. The proposed rule change is not intended to
address any other issues and the Exchange is not aware of any problems
that Members would have in complying with the proposed rule change.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule on December 9, 2013. The amendments would be effective through
January 31, 2014.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\7\ in general, and
furthers the objectives of Section 6(b)(4),\8\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes its proposal to exclude odd lot transactions
from its TCV calculation is reasonable because it allows the Exchange
to maintain, albeit temporarily, the status quo when measuring a
Member's activity and whether they [sic] satisfy the criteria necessary
to achieve preferred pricing under each pricing tier. Absent this
change, the denominator of tier threshold calculation (i.e., TCV) would
increase immediately when odd lot transactions begin to be reported to
the consolidated tape and a Member would need to immediately increase
their [sic] own activity (i.e., the numerator) to continue to qualify
for the tier. However, such an increase in the Member's activity would
not result in a corresponding benefit to the Member because the
Exchange is not proposing to change the tier rates. The Exchange
anticipates that the eventual impact on determining tier qualifications
would be minimal when odd lot transactions begin to be included in the
TCV. Nonetheless, the Exchange believes that it is reasonable to
provide Members with a limited transition period to adapt to such
impact.
    The proposed rule change is also equitable and not unfairly
discriminatory because it would apply to all Members uniformly. In
addition, the inclusion of odd lots in the TCV calculation would occur
for all Members on February 1, 2014, after the same nearly two month
transition period.

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that this change represent [sic]
a significant departure from previous pricing offered by the Exchange
or pricing offered by the Exchange's competitors. The proposed rule
change is designed to provide consistency to Members by allowing the
Exchange to maintain, albeit temporarily, the status quo when measuring
a Member's activity and whether they [sic] satisfy the criteria
necessary to achieve preferred pricing under each pricing tier. The
proposal to exclude odd lot transactions from the TCV calculation is
intended to allow Members additional time to adjust to the potential
impact of including odd lot transactions within consolidated volumes.
Accordingly, the Exchange does not believe that the proposed change
will impair the ability of Members or competing venues to maintain
their competitive standing in the financial markets.
    This proposed rule change is also designed to maintain intermarket
competition by eliminating the potential for Members to immediately
fail to qualify for a tier due to the inclusion of odd lot transactions
in the consolidated tape beginning December 9, 2013. Other exchanges
have also announced their intention of [sic] filed proposed rule
changes to exclude odd lot transactions from the consolidated volume
calculations from December 9, 2013 thru [sic] January 31, 2014.\9\ The
proposal is also designed to maintain intramarket completion by
maintaining consistent calculations amongst exchanges.
---------------------------------------------------------------------------

    \9\ See File No. SR-NYSE-2013-78 (proposal by the New York Stock
Exchange, Inc. (``NYSE'') to amend its price list to exclude odd lot
transactions from its consolidated average daily trading volume
calculations thru January 31, 2014); see also, BATS Exchange, Inc.
and BATS-Y Exchange, Inc. Tier Calculation Update available at
http://cdn.batstrading.com/resources/fee_schedule/BATS-BZX-Exchange-and-BYX-Exchange-Tier-Calculation-Update-Effective-December-9-2013.pdf (announcing intention to exclude odd lot
transactions from its consolidated average daily trading volume
calculations thru [sic] January 31, 2014).
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder. At
any time within 60 days of the filing of such 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4 (f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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-EDGX-2013-46 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-EDGX-2013-46. 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-EDGX-2013-46 and should be
submitted on or before January 8, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30042 Filed 12-17-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20764-20766]
[FR Doc No: 2023-07373]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0120]
RIN 1625-AA00

Safety Zone; Atlantic Ocean, Cocoa Beach, 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 the Atlantic Ocean near Cocoa Beach, FL. This action
is necessary to provide for the safety of the boating public on
navigable waters near Cocoa Beach, FL, during the Cocoa Beach Air Show.
This rule prohibits persons and vessels from being in the safety zone
unless authorized by the Captain of the Port Jacksonville or a
designated representative.

DATES: This rule is effective from 10 a.m. on April 13, 2023, through 5
p.m. on April 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0120 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Anthony DeAngelo, Sector Jacksonville Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

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 not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable. The Coast
Guard lacks sufficient time to provide for a comment period and then
consider those comments before issuing the rule since this rule is
needed by April 13, 2023. It would be contrary to the public interest
since immediate action is necessary to protect the safety of the
public, and vessels transiting the waters of the Atlantic Ocean near
Cocoa Beach, FL.
    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 would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the Cocoa Beach
airshow.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Jacksonville (COTP) has determined that
potential hazards associated with an airshow occurring between April 13
and April 16, 2023, will be a safety concern for anyone within a
defined boundary off the shore of Cocoa Beach, FL. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the airshow occurs.

IV. Discussion of the Rule

    This rule establishes a safety zone daily from 10 a.m. until 5
p.m., on April 13, 2023, through April 16, 2023. The safety zone covers
all navigable waters within a box beginning at 28[deg]21.146 N,
80[deg]36.225 W, thence to 28[deg]21.109 N, 80[deg]35.667 W, thence to
28[deg]19.132 N, 80[deg]35.842 W, thence to 28[deg]19.169 N,
80[deg]36.400 W and along the shore line back to the beginning point,
east of Lori Wilson Park in Cocoa Beach, FL. The duration of the zone
is intended to ensure the safety of the boating public during the Cocoa
Beach Air Show. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.

V. 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. 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).
    This regulatory action determination is based on the size, location
and scope of the safety zone. The zone is limited in size, location,
and duration as it will cover a small portion of the Atlantic Ocean
near Coca Beach, FL. The zone is limited in scope as vessel traffic may
seek permission from the COTP to enter the zone. It is limited in
duration in that it will only be enforced for 21 hours over the course
of three days. Moreover, the Coast Guard would issue a Broadcast Notice
to Mariners via VHF-FM marine 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
V.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 only 7 hours a day for 3 days that will prohibit
entry within a defined boundary off shore from Cocoa Beach, FL, in the
Atlantic Ocean. 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, Safety 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0120 to read as follows:

Sec.  165.T07-0120  Safety Zone; Atlantic Ocean, Cocoa Beach, FL.

    (a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 28[deg]21.146 N,
80[deg]36.225 W, thence to 28[deg]21.109 N, 80[deg]35.667 W, thence to
28[deg]19.132 N, 80[deg]35.842 W, thence to 28[deg]19.169 N,
80[deg]36.400 W and along the shore line back to the beginning point.
These coordinates are based on the 1984 World Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Jacksonville (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF Channel 16 or VHF Channel 22. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced daily from
10 a.m. until 5 p.m., on April 13, 2023, through April 16, 2023.

    Dated: April 3, 2023.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2023-07373 Filed 4-6-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69561-69562]
[FR Doc No: 2014-27428]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Delayed Applications

AGENCY: Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration (PHMSA), DOT.

ACTION: List of application delayed more than 180 days.

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SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

Key to ``Reason for Delay''

    1. Awaiting additional information from applicant.
    2. Extensive public comment under review.
    3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
    4. Staff review delayed by other priority issues or volume of
special permit applications.

Meaning of Application Number Suffixes

N--New application
M--Modification request
R--Renewal Request
P--Party To Exemption Request

    Issued in Washington, DC, on November 13, 2014.
Donald Burger,
Chief, General Approvals and Permits.

------------------------------------------------------------------------
                                            Reason for    Estimated date
    Application No.         Applicant          delay       of completion
------------------------------------------------------------------------
                     Modification to Special Permits
------------------------------------------------------------------------
8451-M................  Mustang                        4      11-30-2014
                         Technology
                         Group Plano, TX.
15642-M...............  Praxair                        4      11-30-2014
                         Distribution,
                         Inc. Danbury,
                         CT.
9847-M................  FIBA                           4      11-30-2014
                         Technologies,
                         Inc. (FIBA)
                         Millbury, MA.
15832-M...............  Baker Petrolite                4      11-30-2014
                         Corporation
                         (BPC) Sugar
                         Land, TX.
14617-M...............  Western                        4      11-30-2014
                         International
                         Gas &
                         Cylinders, Inc.
                         Bellville, TX.
15866-M...............  Saft America                   4      11-30-2014
                         Inc.
                         Jacksonville,
                         FL.
13359-M...............  BASF Corporation               4      11-30-2014
                         Florham Park,
                         NJ.
------------------------------------------------------------------------
                     New Special Permit Applications
------------------------------------------------------------------------
15767-N...............  Union Pacific                  1      11-30-2014
                         Railroad
                         Company Omaha,
                         NE.
15991-N...............  Dockweiler                     4      11-30-2014
                         Neustadt-Glewe,
                         Germany.

16001-N...............  VELTEK Malvern,                4      11-30-2014
                         PA.
16039-N...............  UTLX                           4      11-30-2014
                         Manufacturing
                         LLC Alexandria,
                         LA.
16061-N...............  Battery                        4      11-30-2014
                         Solutions, LLC
                         Howell, MI.
16118-N...............  Toyota Motor                   4      11-30-2014
                         Sales, U.S.A.,
                         Inc. Torrance,
                         CA.
16121-N...............  U.S. Department                4      11-30-2014
                         of Defense
                         (DOD) Scott
                         AFB, IL.
16137-N...............  Diversified                    4      11-30-2014
                         Laboratory
                         Repair
                         Gaithersburg,
                         MD.
16142-N...............  Nantong CIMC                   4      12-31-2014
                         Tank Equipment
                         Co. Ltd.
                         Jiangsu,
                         Province.
16155-N...............  B.J. Alan                      4      12-31-2014
                         Company dba
                         Phantom
                         Fireworks
                         Canfield, OH.
16154-N...............  Patriot                        4      12-31-2014
                         Fireworks, LLC
                         Ann Arbor, MI.
------------------------------------------------------------------------
                  Renewal Special Permits Applications
------------------------------------------------------------------------
11602-R...............  East Tennessee                 4      11-30-2014
                         Iron & Metal,
                         Inc.
                         Rogersville, TN.
11860-R...............  GATX Corporation               4      11-30-2014
                         Chicago, IL.
15580-R...............  Wisconsin                      4      11-30-2014
                         Central Ltd.
                         Homewood, IL.
------------------------------------------------------------------------

[FR Doc. 2014-27428 Filed 11-20-14; 8:45 am]
BILLING CODE 4910-60-M