[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Rules and Regulations]
[Pages 51077-51080]
[FR Doc No: 2014-19678]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0258; Directorate Identifier 2013-NM-065-AD;
Amendment 39-17950; AD 2014-16-26]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 900EX airplanes. This AD was prompted by
our determination to introduce a corrosion prevention control program,
among other changes, to the maintenance requirements and airworthiness
limitations. This AD requires revising the maintenance or inspection
program, as applicable, to include the maintenance tasks and
airworthiness limitations specified in the Airworthiness Limitations
section of the airplane maintenance manual. We are issuing this AD to
prevent reduced structural integrity and reduced controllability of the
airplane.

DATES: This AD becomes effective October 1, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 1,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0258 or in person at the
Docket Management Facility, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC.
    For service information identified in this AD, contact Dassault
Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-
440-6700; Internet http://www.dassaultfalcon.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 900EX airplanes. The NPRM published in the Federal
Register on May 2, 2014 (79 FR 25033). The NPRM was prompted by our
determination to introduce a corrosion prevention control program,
among other changes, to the maintenance requirements and airworthiness
limitations. The NPRM proposed to require revising the maintenance or
inspection program, as applicable, to include the maintenance tasks and
airworthiness limitations specified in the Airworthiness Limitations
section of the airplane maintenance manual. We are issuing this AD to
prevent reduced structural integrity and reduced controllability of the
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2013-0051, dated March 4, 2013 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for Dassault Aviation
Model FALCON 900EX airplanes. The MCAI states:

    The airworthiness limitations and maintenance requirements for
the Falcon 900EX type design are included in Dassault Aviation
Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by
the European Aviation Safety Agency (EASA).
    EASA issued AD 2008-0221 [http://ad.easa.europa.eu/blob/
easaad20080221Corrected.pdf/
AD200802211] to require accomplishment of
the maintenance

tasks, and implementation of the airworthiness limitations, as
specified in Dassault Aviation F900EX AMM chapter 5-40 referenced
DGT 113874 at revision 8.
    Since that [EASA] AD was issued, Dassault Aviation issued
revision 12 of F900EX AMM chapter 5-40 which contains new or more
restrictive maintenance requirements and/or airworthiness
limitations and introduces, among others, the following changes:

--Tasks renumbering,
--Introduction of a Corrosion Prevention Control Program (CPCP),
--Upgrade of screwjack of flap actuators from the older to the
latest -3 version;
--Revised Time Between Overhaul for screwjack of flap actuators -3
version;
--Revised interval for checking the screw/nut play on screwjack of
flap actuators -3 version;
--Removal of service life limit for screwjack of flap actuators;
--Test of flap asymmetry protection system. Compliance with this
test is required by [a certain French AD ***, which corresponds to
FAA AD 2002-23-20, Amendment 39-12964 (67 FR 71098, November 29,
2002)], but F900EX AMM chapter 5-40 at revision 12 introduces an
extended inspection interval;
--Inspection procedures of fuselage and wings;
--Check of overpressure tightness on pressurization control
regulating valves. Compliance with this check is required by EASA AD
2008-0072 [http://ad.easa.europa.eu/blob/
easaad20080072.pdf/AD2008-
00721, which corresponds to FAA AD 2010-26-05, Amendment
39-16544 (75 FR 79952, December 21, 2010)], but F900EX AMM chapter
5-40 at revision 12 introduces an extended inspection interval;
--Check of overpressure relief valve vacuum supply lines.
    The maintenance tasks and airworthiness limitations, as
specified in the F900EX AMM chapter 5-40, have been identified as
mandatory actions for continued airworthiness of the F900EX type
design. Failure to comply with AMM chapter 5-40 at revision 12 may
result in an unsafe condition [e.g., reduced structural integrity
and reduced controllability of the airplane].

    For the reasons described above, this [EASA] AD requires the
implementation of the maintenance tasks and airworthiness
limitations, as specified in the Dassault Aviation F900EX AMM
chapter 5-40 DGT 113874 at revision 12.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0258-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 25033, May 2, 2014)
or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    We have become aware that some operators have misunderstood or
misinterpreted the Airworthy Product paragraph to allow the owner/
operator to use messages provided by the manufacturer as approval of
deviations during the accomplishment of an AD-mandated action. The
Airworthy Product paragraph does not approve messages or other
information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this AD to obtain corrective actions from a
manufacturer, the actions must be accomplished using a method approved
by the FAA, the European Aviation Safety Agency (EASA), or Dassault
Aviation's EASA Design Organization Approval (DOA).
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (79 FR 25033, May 2, 2014) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 25033, May 2, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 72 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $6,120, or $85 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0258; or in person at the
Docket Management Facility between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this AD, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone 800-647-
5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2014-16-26 Dassault Aviation: Amendment 39-17950. Docket No. FAA-
2014-0258; Directorate Identifier 2013-NM-065-AD.

(a) Effective Date

    This AD becomes effective October 1, 2014.

(b) Affected ADs

    This AD affects AD 2002-23-20, Amendment 39-12964 (67 FR 71098,
November 29, 2002); and AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 900EX
airplanes, certificated in any category, serial numbers 1 through 96
inclusive, and serial numbers 98 through 119 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by our determination to introduce a
corrosion prevention control program, among other changes, to the
maintenance requirements and airworthiness limitations. We are
issuing this AD to prevent reduced structural integrity and reduced
controllability of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
DGT 113874, Revision 12, dated September 2012, of the Falcon 900EX
Maintenance Manual. The initial compliance time for accomplishing
the actions specified in Chapter 5-40, Airworthiness Limitations,
DGT 113874, Revision 12, dated September 2012, of the Falcon 900EX
Maintenance Manual, is within the applicable times specified in the
maintenance manual, or 30 days after the effective date of this AD,
whichever occurs later, except as provided by paragraphs (g)(1)
through (g)(4) of this AD.
    (1) The term ``LDG'' in the ``First Inspection'' column of any
table in the service information means total airplane landings.
    (2) The term ``FH'' in the ``First Inspection'' column of any
table in the service information means total flight hours.
    (3) The term ``FC'' in the ``First Inspection'' column of any
table in the service information means total flight cycles.
    (4) The term ``M'' in the ``First Inspection'' column of any
table in the service information means months.

(h) Terminating Action

    Accomplishing paragraph (g) of this AD terminates the
requirements of AD 2002-23-20, Amendment 39-12964 (67 FR 71098,
November 29, 2002); and paragraph (g)(1) of AD 2010-26-05, Amendment
39-16544 (75 FR 79952, December 21, 2010); for Dassault Aviation
Model FALCON 900EX airplanes, serial numbers 1 through 96 inclusive,
and serial numbers 98 through 119 inclusive.

(i) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (g) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Dassault Aviation's EASA
Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.

(k) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
EASA Airworthiness Directive 2013-0051, dated March 4, 2013, for
related information. This MCAI may be found in the AD docket on the
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0258-0002.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113874,
Revision 12, dated September 2012, of the Falcon 900EX Maintenance
Manual. The document revision level is identified only on the title
page and page 2.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box

2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; Internet
http://www.dassaultfalcon.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19678 Filed 8-26-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33969-33971]
[FR Doc No: 2013-13423]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0250]
RIN 1625-AA08

Special Local Regulations; Daytona Beach Grand Prix of the Sea,
Atlantic Ocean; Daytona Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean east of Daytona Beach, Florida, during
the Daytona Beach Grand Prix of the Sea, a series of high-speed boat
races. The event is scheduled to take place on Friday through Sunday,
June 14-16, 2013. Approximately 40 high-speed race boats are
anticipated to participate in the races, and approximately 25 spectator
vessels are expected to attend the event. This special local regulation
is necessary to provide for the safety of life on navigable waters of
the United States during the races. The special local regulation
consists of the following two areas: a race area, where all persons and
vessels, except those participating in the high-speed boat races, are
prohibited from entering, transiting, anchoring, or remaining; and a
buffer zone around the race area, where all persons and vessels, except
those enforcing the buffer zone, are prohibited from entering,
transiting, anchoring, or remaining unless authorized by the Captain of
the Port Jacksonville or a designated representative.

DATES: This rule is effective from 9 a.m. on June 14, 2013, until 4
p.m. on June 16, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0250. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``Keyword'' box, and then click ``Search.'' Click
on Open Docket Folder on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Commander Robert Butts,
Sector Jacksonville Office of Waterways Management, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the event with sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to race boat participants, participant race craft,
spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Daytona Beach Grand Prix of the Sea.

C. Discussion of the Final Rule

    On Friday through Sunday, June 14-16, 2013, Powerboat P1-USA will
host the Daytona Beach Grand Prix of the Sea, a series of high-speed
boat races. The event will be held on the waters of the Atlantic Ocean
east of Daytona Beach, Florida. Approximately 40 high-speed power boats
are anticipated to participate in the races. It is anticipated

that at least 25 spectator vessels will be present during the event.
    The special local regulation will encompass certain waters of the
Atlantic Ocean east of Daytona Beach, Florida. The special local
regulation will be enforced daily from 9 a.m. until 4 p.m., on June 14
to 16, 2013.
    The special local regulation will consist of the following two
areas: (1) A race area, where all persons and vessels, except those
persons and vessels participating in the high-speed boat races, are
prohibited from entering, transiting, anchoring, or remaining; and (2)
a buffer zone around the race area, where all persons and vessels,
except those persons and vessels enforcing the buffer zone, are
prohibited from entering, transiting, anchoring, or remaining.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port Jacksonville by telephone at (904)
564-7513, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice of the special local regulations by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only 21 hours over the course of three days; (2) although non-
participant persons and vessels will not be able to enter, transit
through, anchor in, or remain within the race area or buffer zone
without authorization from the Captain of the Port Jacksonville or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) non-participant persons and vessels
may still enter, transit through, anchor in, or remain within the race
area or buffer zone if authorized by the Captain of the Port
Jacksonville or a designated representative; and (4) the Coast Guard
will provide advance notification of the special local regulation to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the waters
encompassed within the special local regulation during the daily
enforcement period of 9 a.m. until 4 p.m. on June 14 to 16, 2013.
    For the reasons discussed in the Executive Order 12866 and
Executive Order 13563 section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and

Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) and 35(b) of Figure
2-1 of the Commandant Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233

0
2. Add a temporary Sec.  100.35T07-0250 to read as follows:

Sec.  100.35T07-0250  Special Local Regulations; Daytona Beach Grand
Prix of the Sea, Atlantic Ocean; Daytona Beach, FL.

    (a) Regulated Areas. The following regulated areas are established.
All coordinates are North American Datum 1983.
    (1) Race Area. All waters of the Atlantic Ocean located east of
Daytona Beach encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 29[deg]14'60'' N,
81[deg]00'77'' W; thence east to Point 2 in position 29[deg]14'78'' N,
80[deg]59'80'' W; thence south to Point 3 in position 28[deg]13'86'' N,
80[deg]59'76'' W; thence west to Point 4 in position 29[deg]13'68'' N,
81[deg]00'28'' W; thence north back to origin.
    (2) Buffer Zone. All waters of the Atlantic Ocean located east of
Daytona Beach, excluding the race area, and encompassed within an
imaginary line connecting the following points: starting at Point 1 in
position 29[deg]14'54'' N, 80[deg]00'77'' W; thence east to Point 2 in
position 29[deg]14'72'' N, 81[deg]00'23'' W; thence south to Point 3 in
position 29[deg]13'91'' N, 80[deg]59'84'' W; thence west to Point 4 in
position 29[deg]13'70'' N, 81[deg]00'34'' W; thence north back to
origin.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within Race
Area unless an authorized race participant.
    (2) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within Buffer Zone
except for those vessels enforcing the buffer zone or authorized race
participants transiting to the race area.
    (3) Vessels that are neither participating in the race nor
enforcing the buffer zone are prohibited from entering the regulated
areas unless authorized by the Captain of the Port Jacksonville or a
designated representative.
    (4) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Jacksonville
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (5) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This rule will be enforced from 9 a.m. until
4 p.m. daily on June 14 to 16, 2013.

    Dated: May 24, 2013.
T.G. Allan, Jr.,
Captain, U. S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-13423 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Pages 14009-14010]
[FR Doc No: 2012-5614]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14308-001]

Carbon Zero, LLC.; Notice of Application Tendered for Filing With
the Commission, Intent To Waive Solicitation of Additional Study
Requests, and Intent To Approve of the Use of the Traditonal Licensing
Process

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Minor License.
    b. Project No.: 14308-001.
    c. Date filed: February 17, 2012.
    d. Applicant: Carbon Zero, LLC.
    e. Name of Project: Vermont Tissue Mill Hydroelectric Project.
    f. Location: On the Walloomsac River, in the Town of Bennington,
Bennington County, Vermont. The project would not occupy lands of the
United States.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: William F. Scully, Carbon Zero, LLC., P.O.
Box 338, North Bennington, VT 05257;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    i. FERC Contact: Amy K. Chang,<PHONE_NUMBER>, or email at
<EMAIL_ADDRESS>    j. Cooperating Agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. The Commission previously solicited additional study requests on
November 7, 2011. No studies were requested; therefore, the Commission
is providing notice that it intends to waive solicitation of additional
study requests on the application filed on February 17, 2012.
    l. Deadline for filing comments on the use of the Traditional
Licensing Process and requests for cooperating agency status: 30 days
from the issuance of this notice.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    m. This application is not ready for environmental analysis at this
time.
    n. Project Description: Vermont Tissue Mill Hydroelectric Project
would consist of two existing dams separated by a 400-foot-wide island
and include: (1) An existing 15-foot-high, 85-foot-long primary dam
with a spillway crest elevation of 555.0 feet above mean sea level
(msl) topped with reinstalled 4-inch-high flashboards; (2) an existing
6-foot-high, 80-foot-long emergency spillway dam with a crest elevation
of 555.5 feet above msl and a proposed 2.5-foot-high, 2.5-foot-wide
minimum flow weir equipped with stop logs; (3) an existing 6-foot-high,
8-foot-wide flood gate located on the south abutment of the primary
dam; (4) an existing 2,400-foot-long, 6.4-acre impoundment with a
normal water surface elevation of 550 feet above msl; (5) an existing
intake structure equipped with two 12-foot-high, 16-foot-wide flume
openings equipped with stop log slots and new

trashracks connected to two water conveyance channels, one 12-foot-
high, 35-foot-long and one 12-foot-high, 85-foot-long; (6) an existing
powerhouse with two new Kaplan turbine generating units with a total
installed capacity of 360 kilowatts; (7) a new 1.5-foot-diameter valve
in the powerhouse that would discharge flows to the tailrace; and (8) a
new buried 480-volt, 125-foot-long transmission line connecting the
powerhouse to the regional grid. In addition to installing the new
turbine generating units and new transmission line listed above, the
applicant proposes to renovate and repair the trashracks and tailrace
retaining wall, and excavate a new tailrace downstream of the primary
dam. The project would be operated in a run-of-river mode and would
generate an annual average of approximately 1,454 megawatt-hours.
    o. Carbon Zero, LLC prepared an application for an exemption from
licensing, which it subsequently revised and refiled on February 17,
2012, as an application for an original minor license with a request to
use the Traditional Licensing Process (TLP). Based on the contents of
the exemption and license applications, the TLP three-stage
consultation process has been completed; therefore, the Commission is
providing notice that it intends to approve Carbon Zero's request to
use the TLP.
    p. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at 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. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    q. With this notice, we are initiating consultation with the
Vermont State Historic Preservation Officer (SHPO), as required by 106,
National Historic Preservation Act, and the regulations of the Advisory
Council on Historic Preservation, 36, CFR, at 800.4.
    r. Procedural schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
will be made as appropriate.

------------------------------------------------------------------------
                Milestone                          Target  date
------------------------------------------------------------------------
Issue Notice of Acceptance..............  April 2012.
Issue Notice of Ready for Environmental   May 2012.
 Analysis.
Notice of the availability of the EA....  Nov. 2012.
------------------------------------------------------------------------

    Dated: March 2, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-5614 Filed 3-7-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23289-23290]
[FR Doc No: 2016-09089]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2114-271]

Public Utility District No. 2 of Grant County; Notice of
Application and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Filing of Maps Pursuant to Approved Shoreline
Management Plan.
    b. Project No: 2114-271.
    c. Date Filed: January 29, 2016.
    d. Applicant: Public Utility District No. 2 of Grant County (Grant
PUD).
    e. Name of Project: Priest Rapids Hydroelectric Project.
    f. Location: The Priest Rapids Hydroelectric Project is located on
the mid-Columbia River in portions of Grant, Yakima, Kittitas, Douglas,
Benton, and Chelan counties, Washington. The relevant map non-project
use restrictions are located in Yakima and Kittitas counties.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Ross Hendrick, License Compliance Manager,
Grant PUD, P.O. Box 878, Ephrata, WA 98823-0878,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. FERC Contact: Hillary Berlin,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: May 14, 2016.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, or recommendations using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2114-271.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee filed maps delineating
areas on project lands within the project facilities classification
where no non-project uses will be authorized. The licensee will
consider non-project use requests in areas not specifically reserved
for hydropower generation at Wanapum and Priest Rapids Dams, for
operation of Priest Rapids Hatchery, and for the Wanapum Dam Indian
Village adjacent to Priest Rapids Dam. For lands classified as Public
Recreation Development, the licensee will only consider non-project use
requests that demonstrate substantial public benefit and open access.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at 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. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should

so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: April 14, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09089 Filed 4-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: April 13, 2007 (Volume 72, Number 71)]
[Notices]
[Page 18707-18710]
[DOCID:fr13ap07-90]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55590; File No. SR-NYSE-2007-29]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto Relating to Rules 13 (``Definitions of
Orders'') and 17 (``Use of Exchange Facilities'')

April 5, 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 16, 2007, the New York Stock Exchange LLC (``NYSE'' or
``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 substantially prepared by the Exchange.
On April 5, 2007, NYSE filed Amendment No. 1 to the proposed rule
change. The Exchange has filed the proposal as a ``non-controversial''
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, as amended, from interested
persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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

    The Exchange is proposing to amend Exchange Rules 13 (``Definitions
of Orders'') and 17 (``Use of Exchange Facilities'') in order to
establish a mechanism to route orders to away market centers when that
market center is displaying the national best bid and offer in
accordance with Exchange Rules and Regulation NMS under the Act \5\
(``Reg. NMS''). The Exchange further proposes to have its order router
facilitate the acceptance of executions that result in an odd-lot or a
sub-penny execution. The text of the proposed rule change is available
at NYSE, the Commission's Public Reference Room, and http://www.nyse.com.

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

    \5\ 17 CFR 242.600 et seq.
---------------------------------------------------------------------------

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

    In its filing with the Commission, NYSE 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. NYSE 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 is proposing to amend Exchange Rules 13 and 17 to
establish a mechanism to route orders to away market centers (``Routing
Broker'') when that market center is displaying the national best bid
and offer in accordance with Exchange Rules and Reg. NMS. Through this
filing the Exchange further proposes to have its Routing Broker
facilitate the acceptance of executions that result in an odd-lot \6\
or a sub-penny \7\ execution after the Routing Broker routed an
Exchange order to an away market center.
---------------------------------------------------------------------------

    \6\ Odd-lot orders are orders for a size less than the standard
unit (round lot) of trading, which is 100 shares for most stocks,
although some stocks trade in 10 share units.
    \7\ The Exchange notes that trading centers that provide sub-
penny executions are currently developing order types that allow
market participants to request a non-sub-penny execution. The
Exchange states that the Routing Broker will perform this function
only until such time as needed for the creation of these new order
types and the completion of any systems modifications associated
with the handling of the new order types.
---------------------------------------------------------------------------

    The Exchange intends to use its broker-dealer affiliate,\8\
Archipelago Securities LLC (``ArcaSec''), as its

Routing Broker \9\ to route orders,\10\ subject to Exchange rules and
Reg. NMS, to away market centers displaying protected bids and
protected offers, as defined in Rule 600(b)(57) of Reg. NMS. The
Exchange believes that the Routing Broker will offer an efficient
mechanism for the Exchange to route orders to away market centers for
execution in compliance with Exchange Rules and Reg. NMS.
---------------------------------------------------------------------------

    \8\ On February 27, 2006, the Commission approved the Exchange's
business combination with Archipelago Holdings, Inc. (``Merger'').
See Securities Exchange Act Release No. 53382 (February 27, 2006),
71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77). Pursuant to the
Merger, NYSE Group, Inc. became the overall parent company of the
Exchange and Archipelago Holdings, Inc. NYSE Group, Inc. operates
two securities exchanges: The Exchange and NYSE Arca, Inc. (formerly
known as the Archipelago Exchange, or ArcaEx[supreg], and the
Pacific Exchange). ArcaSec remains a wholly owned subsidiary of
Archipelago Holdings, Inc. and is therefore an affiliate of the
Exchange.
    \9\ In the event the Exchange seeks to use another entity as its
Routing Broker, the Exchange understands that it would be required
to obtain Commission approval.
    \10\ Currently ArcaSec performs two functions for NYSE Arca,
Inc. ArcaSec acts as the outbound order routing facility of NYSE
Arca, Inc. See Securities Exchange Act Release No. 52497 (September
22, 2005), 70 FR 56949 (September 29, 2005) (SR-PCX-2005-90); see
also Securities Exchange Act Release No. 44983 (October 25, 2001),
66 FR 55225 (November 1, 2001) (SR-PCX-00-25). The Exchange states
that, currently, the NASD is responsible for carrying out the
oversight and enforcement responsibilities for ArcaSec as the
designated examining authority designated by the Commission pursuant
to Rule 17d-1 of the Act with the responsibility for examining the
Routing Broker for compliance with the applicable financial
responsibility rules. The Exchange states that it intends to enter
into a 17d-2 agreement with a regulator other than the Exchange or
any of its affiliates to regulate its outbound router.
    In addition, on March 12, 2007, the Commission authorized
ArcaSec to act as a marketing agent on behalf of NYSE Arca Tech 100
Index and NYSE Arca Tech 100 ETF. This business activity has no
connection to ArcaSec's facility functions as described above. See
Securities Exchange Act Release No. 55442 (March 12, 2007), 72 FR
12654 (March 16, 2007) (SR-NYSEArca-2007-09).
---------------------------------------------------------------------------

    Pursuant to the proposed rule, Exchange systems will provide the
Routing Broker with routing instructions to route orders to other
market centers and report such executions back to the Exchange. The
Exchange states that the Routing Broker cannot change the terms of an
order or the routing instructions, nor does the Routing Broker have any
discretion about where to route an order.
    The Exchange states that the Routing Broker will operate as a
``facility'' \11\ of the Exchange in that it will serve as a ``system
of communication to or from'' \12\ the Exchange. When an order must be
routed to an away market center for execution, Exchange systems will
affix all order handling information to the order. Exchange systems
will automatically transmit the order and the relevant order handling
information to the Routing Broker. In turn, the Routing Broker will
facilitate the delivery of the received order to the destination away
market. The Routing Broker will obtain receipts of executions and
deliver those receipts of executions back to Exchange systems.
---------------------------------------------------------------------------

    \11\ The term ``facility'' as defined in Section 3(a)(2) of the
Act, as amended, provides, * * * when used with respect to an
exchange includes its premises, tangible or intangible property
whether on the premises or not, any right to the use of such
premises or property or any service thereof for the purpose of
effecting or reporting a transaction on an exchange (including,
among other things, any system of communication to or from the
exchange, by ticker or otherwise, maintained by or with the consent
of the exchange), and any right of the exchange to the use of any
property or service. See 15 U.S.C. 78c(a)(2).
    \12\ Id.
---------------------------------------------------------------------------

    In particular, and without limitation, under the Act, the Exchange
will be responsible for filing with the Commission rule changes and
fees relating to the functions performed by the Routing Broker for the
Exchange and will be subject to exchange non-discrimination
requirements.
    Furthermore, the books, records, premises, officers, agents,
directors, and employees of the Routing Broker, as a facility of the
Exchange, shall be deemed to be the books, records, premises, officers,
agents, directors, and employees of the Exchange for purposes of, and
subject to oversight pursuant to, the Act. The books and records of the
Routing Broker as a facility of the Exchange shall be subject at all
times to inspection and copying by the Exchange and the Commission.
    In addition to routing orders to away market centers, the Routing
Broker will facilitate the acceptance of executions that results in an
odd-lot or a sub-penny execution as Exchange systems are unable to
accept such executions after the Routing Broker routes an Exchange
order to an away market center. Currently, odd-lot orders on the
Exchange are executed in a trading system that is separate from the
Exchange system responsible for the execution of round-lot orders
(``odd-lot trading platform''). The Exchange odd-lot trading platform
executes all odd-lots orders against the specialist as the contra party
separate from the trading system that is responsible for the execution
of round lot orders. Since odd-lot orders are handled in a separate
trading system, the Exchange systems that are responsible for the
execution of round lot orders are unable to accept receipts of
execution in odd-lots at the present time.
    Similarly, the Exchange has chosen not to quote and trade in sub-
penny increments when permitted under Reg. NMS.
    In order to process receipts of odd-lot and sub-penny executions
from an away market, the Exchange proposes to have the Routing Broker
facilitate the handling of such odd-lot and sub-penny execution.
Specifically, if the Routing Broker is in receipt of an odd-lot
execution in response to the Exchange's routing of a round lot order,
it will assume the odd-lot position. The Routing Broker will then sell/
buy the requested number of round lot shares to the Exchange member.
The Routing Broker will perform this adjustment to each odd-lot
execution in order to transmit a round lot execution to the Exchange.
The Routing Broker will afford the Exchange order (i.e. for the
Exchange member) the most favorable execution price based on the odd-
lot execution(s) received by the Routing Broker from the away market.
    With regard to a sub-penny execution, the Routing Broker will
perform an adjustment to each sub-penny execution. Specifically, the
Routing Broker will round down for each buy order and up for each sell
order and transmit a round penny execution to the Exchange order.
Again, the Routing Broker will afford the Exchange order the most
favorable execution price based on the sub-penny execution received by
the Routing Broker from the away market.
    The Routing Broker will liquidate positions assumed as a result of
the services provided to the Exchange. This service provided by the
Routing Broker with regard to odd-lot and sub-penny executions is not
intended to operate as a means to generate revenue. Rather, the Routing
Broker is providing an additional service to the Exchange in order to
facilitate the receipt of odd-lot and sub-penny executions from away
market centers. To that end, it is the intent of the Routing Broker to
be flat in all positions at the end of each trading day.\13\ The
Routing Broker will incorporate an automated system to immediately
assist in the liquidation (acquisition) for any residual long (short)
positions. To mitigate financial risk \14\ to the Routing Broker,
registered trading personnel of the Routing Broker may be required to
manually assist, as soon as practicable, in the liquidation
(acquisition) of such positions when, due to the nature of the security
(e.g. high-priced securities that trade with a wide spread) and its
trading pattern or volatile market conditions, liquidation
(acquisition) is not immediately possible.
---------------------------------------------------------------------------

    \13\ Absent any unusual market conditions or the timing of such
trades (for example, the execution of the order at 15:59:59) it is
intended that the Routing Broker will be flat in all positions at
the end of each trading day.
    \14\ Any and all loses incurred during the facilitation of odd-
lot and sub-penny executions will be assumed by the Routing Broker
as part of the routing service provided.
---------------------------------------------------------------------------

    Below are examples of how the Routing Broker is intended to
operate.

ODD-LOT Executions

    Example 1: Exchange member Firm X enters an order on the
Exchange to buy 100

shares of ABC at $20.00. Exchange systems transmit the order with
order handling instructions to the Routing Broker. The Routing
Broker then transmits the order with the order handling instructions
received from the Exchange systems to market center A. The Routing
Broker receives reports of two odd-lot executions from market center
A. The first report of execution is for 30 shares executed at a
price of $20.00. The second report of execution completes the
original order with an execution of the remaining 70 shares at a
price of $20.00. The Routing Broker will sell 100 shares to Exchange
member Firm X at $20.00 and use the odd-lots received from market
center A to offset the position. The Routing Broker's position is
flat.
    Example 2: Exchange member Firm X enters an order on the
Exchange to buy 100 shares of ABC at $20.00. The Exchange systems
transmit the order with order handling instructions to the Routing
Broker. The Routing Broker then transmits the order with the order
handling instructions received from the Exchange systems to market
center A. The Routing Broker receives two odd-lot fills from market
center A. The first report is for 30 shares executed at a price of
$19.99. The second report of execution completes the original with
an execution of the remaining 70 shares at a price of $20.00. The
Routing Broker sells 100 shares to Firm X at $19.99 and uses the
odd-lots to offset the position. The Routing Broker's position is
flat, with a loss of $0.70.
    Example 3: Exchange member Firm X enters an order on the
Exchange to buy 100 shares of ABC at $20.00. The Exchange systems
transmit the order with order handling instructions to the Routing
Broker. The Routing Broker then transmits the order with the order
handling instructions received from the Exchange systems to market
center A. The Routing Broker receives an odd-lot fill of only 30
shares at $20.00 and a report of cancellation for the remaining 70
shares of the original order. The Routing Broker will sell 100
shares to Firm X at $20.00. In turn, the Routing Broker will then go
into the market to buy 70 shares of ABC. The Routing Broker receives
a fill of 70 at $20.05. The Routing Broker will then use both odd-
lots positions to offset the position taken as a result of handling
the order of Firm X. The Routing Broker's position is flat, with a
loss of $3.50.
    Example 4: Exchange member Firm X enters an order on the
Exchange to buy 100 shares of ABC at $20.00. The Exchange systems
transmit the order with order handling instructions to the Routing
Broker. The Routing Broker then transmits the order with the order
handling instructions received from the Exchange systems to market
center A. The Routing Broker receives an odd-lot fill of only 30
shares at $20.00 and a report of cancellation for the remaining 70
shares of the original order. The Routing Broker will sell 100
shares to Firm X at $20.00. In turn, the Routing Broker will then go
into the market to buy 70 shares of ABC. The Routing Broker receives
a fill of 70 at $19.99. The Routing Broker will then use both odd-
lots positions to offset the position taken as a result of handling
the order of Firm X. The Routing Broker's position is flat, with a
profit of $0.70.

SUB-PENNY Executions

    Example 1: Exchange member Firm X enters an order on the
Exchange to buy 100 shares of ABC at $20.00. The Exchange's best
offer is $19.98. Market Center A is displaying a best offer at
$19.97. Market Center A also offers a mid-point match execution
process that may result in a trade price that includes sub-pennies.
The Exchange systems transmit the order with order handling
instructions to the Routing Broker. The Routing Broker then
transmits the order with the order handling instructions received
from Exchange systems to market center A. The Routing Broker
receives a fill of 100 shares at $19.975 due to a mid-point cross
occurring at market center A. The Routing Broker will sell 100
shares to member Firm X at $19.97 and uses the fill of 100 shares at
$19.975 to offset the position. The Routing Broker will be flat,
with a loss of $0.50.
    The use of the Routing Broker to route orders to another market
center will be optional. In the event a member organization does not
want to use the Routing Broker it must enter an immediate-or-cancel
order or any such other order type available on the Exchange that is
not eligible for routing. All bids and offers entered on the
Exchange that are routed to other market centers via the Routing
Broker which result in an execution shall be binding on the member
organization that entered such bid and offer.
    The Routing Broker will not engage in any business for the
Exchange other than its outbound router and facilitation functions
as described above. In the event the Exchange seeks to have the
Routing Broker engage in any other activities, it understands that
the ability of the Routing Broker to engage in such new business
activity would require Commission approval.
    The Exchange believes that the above-described operation of the
Routing Broker will serve as the most economically efficient
execution of securities transactions. Furthermore, the Routing
Broker is necessary for the Exchange to comply with its obligations
pursuant to Reg. NMS.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirement under Section 6(b)(5) of the Act \15\ that an
exchange have rules that are designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The proposed
rule change is also designed to support the principles of Section
11A(a)(1) \16\ in that it seeks to assure economically efficient
execution of securities transactions.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(5).
    \16\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    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 on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to Section 19(b)(3)(A)
of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\19\
However, Rule 19b-4(f)(6)(iii) \20\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
would permit NYSE to immediately use the Routing Broker to route orders
to other trading centers to prevent trade-troughs of protected
quotations in NMS stocks.\21\ For this reason, the Commission
designates the proposed rule change to

be operative upon filing with the Commission.\22\
---------------------------------------------------------------------------

    \19\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. NYSE has satisfied the five-day pre-filing notice
requirement.
    \20\ Id.
    \21\ The Commission notes that NYSE's proposed Rule 17(b) is
substantially similar to Rule 2.11 of the National Stock Exchange,
Inc.
    \22\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.\23\
---------------------------------------------------------------------------

    \23\15 U.S.C. 78s(b)(3)(C). For purposes of calculating the 60-
day period within which the Commission may summarily abrogate the
proposal, the Commission considers the period to commence on April
5, 2007, the date on which the Exchange submitted Amendment No. 1.
---------------------------------------------------------------------------

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-NYSE-2007-29 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-NYSE-2007-29. 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 the
filing also will be available for inspection and copying at the
principal office of NYSE. 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-NYSE-2007-29 and should be submitted on or before May 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-6962 Filed 4-12-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Rules and Regulations]
[Pages 28184-28185]
[FR Doc No: 2015-11931]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0271]

Drawbridge Operation Regulations; New River, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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

SUMMARY: The Coast Guard is issuing a temporary deviation from the
operating schedule that governs the Florida East Coast Railway (FEC)
Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, FL.
This deviation will test a change to the drawbridge operation schedule
to address the inability of the bridge owner, FEC, to operate the
bridge under current regulations.

DATES: This deviation is effective from 6 a.m. on May 18, 2015 through
6 a.m. on October 16, 2015.
    Comments and related material must be received by the Coast Guard
on or before August 17, 2015. Requests for public meetings must be
received by the Coast Guard on or before June 16, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0271 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test
deviation, call or email Robert Glassman at telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2015-0271), 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 (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email 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, type the docket number [USCG-2015-
0271] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a
Comment'' on the line associated with this rulemaking. 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 may change the rule
based on your comments.

2. 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,
type the docket number (USCG-2015-0271) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before June 16, 2015, using one of the four
methods specified under ADDRESSES. Please explain 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.

B. Background Information

    The bridge owner, FEC Railway, requested permission to operate the
FEC Railroad Bridge across the New River with an automated system. The
FEC Railroad Bridge in Fort Lauderdale, FL has a vertical clearance of
4 feet at mean high water in the closed position and horizontal
clearance of 60 feet. Traffic on the waterway includes both commercial
and recreational vessels.
    Presently, in accordance with 33 CFR 117.5, the bridge is required
to open on signal for the passage of vessels. The bridge is usually
maintained in the open to navigation position and only closes for train
traffic.
    The bridge owner, FEC, determined that by installing an automated
system, vessel transit will be more efficient. This automated system
allows the railroad dispatcher to receive a signal that the bridge must
close for approaching trains. The dispatcher will then be advised when
trains clear the bridge so it can reopen.
    Any vessel requesting a bridge opening must contact the bridge
tender via telephone or radiotelephone (marine radio) on VHF-FM channel
9 or 16 to coordinate safe passage through the bridge. The tender must
provide information to include, but not limited to authorization for
the vessel to continue its transit when the bridge is open to
navigation, or the tender must advise that the vessel will have to wait
because a train is approaching. If a vessel is required to wait, the
bridge tender must indicate the amount of time the vessel will have to
wait until the train is clear of the bridge. The FEC Dispatch number
and bridge tender phone number will be posted at the bridge so they can
be seen by vessels approaching from either direction. The bridge
tender's number is<PHONE_NUMBER> and the FEC Dispatch number is 800-342-
1131.
    This deviation seeks comments on FEC's operating schedule and tests
an automatic operating system as the method for operating the bridge to
determine whether a permanent change to operations can be approved. The
deviation period will run from 6 a.m. on May 18, 2015 through 6 a.m. on
October 16, 2015.
    During the test deviation period, the draw of the FEC Railroad
Bridge across the New River, mile 2.5, at Fort Lauderdale, FL, will
operate as follows:
    (a) The bridge is constantly tended.
    (b) The bridge tender will utilize a VHF-FM radio to communicate on
channels 9 and 16 and may be contacted by telephone at<PHONE_NUMBER>.
    (c) Signage will be posted displaying VHF radio contact information
and the bridge tender and dispatch telephone number. A countdown clock
for bridge closure shall be posted at the bridge site and visible for
maritime traffic.
    (d) A bridge log will be maintained including, at a minimum, bridge
opening and closing times.
    (e) When the draw is in the fully open position, green lights will
be displayed to indicate that vessels may pass.
    (f) When a train approaches, the lights go to flashing red and a
horn starts four blasts, pauses, and then continues four blasts then
the draw lowers and locks.
    (g) After the train has cleared the bridge, the draw opens and the
lights return to green.
    (h) The bridge shall not be closed more than 60 minutes combined
for any 120 minute time period beginning at 12:01 a.m.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 22, 2015.
Barry Dragon,
 Bridge Administrator, U.S. Coast Guard, Seventh Coast Guard District.
[FR Doc. 2015-11931 Filed 5-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: August 10, 2006 (Volume 71, Number 154)]
[Notices]
[Page 45817-45818]
[DOCID:fr10au06-67]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 925-010]

City of Ottumwa, IA; Notice of Application Accepted for Filing
and Soliciting Motions To Intervene and Protests

August 3, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New License.
    b. Project No.: P-925-010.
    c. Date Filed: April 26, 2006.
    d. Applicant: City of Ottumwa, Iowa.
    e. Name of Project: Ottumwa Hydroelectric Project.
    f. Location: On the Des Moines River in the City of Ottumwa,
Wapello County, Iowa. The project does not occupy Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Richard Wilcox, Ottumwa Water and Hydro, 230
Turner Drive, Ottumwa, Iowa 52501,<PHONE_NUMBER>.
    i. FERC Contact: Tim Konnert,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    j. Deadline for filing motions to intervene and protests: October
2, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    Motions to intervene and protests may be filed electronically via
the Internet in lieu of paper. The Commission strongly encourages
electronic filings. See CFR 385.2001 (a) (1) (iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the

``eFiling'' link.
    k. This application has been accepted, but is not ready for
environmental analysis at this time.
    l. The existing Ottumwa Project consists of: (1) An 18-foot-high
dam with a 641-foot-long spillway section equipped with eight tainter
gates and one bascule gate; (2) a powerhouse

integral to the dam containing three generating units, unit 1 and unit
3 each rated at 1,000 kW and unit 2 rated at 1,250 kW; (3) a 125-acre
reservoir with a normal water surface elevation of 638.5 feet msl; and
(4) appurtenant facilities. The applicant estimates that the average
annual generation would be 10,261,920 kilowatt hours using the three
generating units with a combined capacity of 3,250 kW.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at 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. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h. above.
    You may also register online at http://www.ferc.gov/esubscribenow.htm
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE''; (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.
    o. Procedural schedule and final amendments: The application will
be processed according to the following Hydro Licensing Schedule.
Revisions to the schedule will be made as appropriate. The Commission
staff proposes to issue one environmental assessment rather than issue
a draft and final EA. Comments, terms and conditions, recommendations,
prescriptions, and reply comments, if any, will be addressed in the EA.
Staff intends to give at least 30 days for entities to comment on the
EA before final action is taken on the license application.

    Issue Scoping Document for Comments: August 2006.
    Notice of application ready for environmental analysis: November
2006.
    Notice of the availability of the EA: March 2007.
    Ready for Commission's decision on the Application: May 2007.

    Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-13060 Filed 8-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Page 7545]
[FR Doc No: 2018-03444]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28097]

Petition for Waiver of Compliance

    Under part 211 of Title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that on January 16, 2018, the
Boone & Scenic Valley Railroad (BSV) petitioned the Federal Railroad
Administration (FRA) for a renewal of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 223, Safety glazing standards--Locomotives, passenger
cars and cabooses. FRA assigned the petition docket number FRA-2007-
28097.
    BSV is an 11-mile-long tourist railroad that is owned and operated
by the Iowa Railroad Historical Society. BSV operates steam locomotive
Number JS8419, a 2-8-2 ``Mikado'' type locomotive which was built in
October 1988 at the Datong Locomotive Works in Shanxi, China. This
locomotive was purchased new by BSV in 1989, and delivered with
automotive-type safety glazing. It is typically operated on Saturdays
from Memorial Day weekend until the end of October. BSV is specifically
requesting a waiver renewal with respect to 49 CFR 223.11--Requirements
for existing locomotives.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 9, 2018 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2018-03444 Filed 2-20-18; 8:45 am]
 BILLING CODE 4910-06-P