ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ EPA R03 OAR 2005 0549; FRL ]

Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Additional NOx Emission Reductions to Support the Philadelphia Trenton Wilmington One Hour Ozone Nonattainment Area, and Remaining NOx SIP Call Requirements AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve State Implementation Plan ( SIP) revisions submitted by the Commonwealth of Pennsylvania. These revisions pertain to additional nitrogen oxides ( NOx)

reductions that are required for the Commonwealth to support its approved attainment demonstration for the Philadelphia Trenton Wilmington one hour ozone nonattainment area ( the Philadelphia Area); NOx reductions from stationary internal combustion ( IC) engines required to meet the NOx SIP Call Phase II ( Phase II); and NOx reductions from cement kilns to meet the NOx SIP Call. The revisions also include provisions for emission credits for sources that generate zeroemission renewable energy. This action is being taken under the Clean Air Act ( CAA or the Act).

DATES: Written comments must be received on or before [ insert date 30 days from date of publication].

FOR FURTHER INFORMATION CONTACT: Marilyn Powers ( 215) 814 2308, or by e mail at powers. marilyn@ epa. gov.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA R03 OAR 2005

0549 by one of the following methods:

A. www. regulations. gov. Follow the on line instructions for submitting comments. 2 B. E mail: morris. makeba@ epa. gov C. Mail: EPA R03 OAR 2005 0549, Makeba Morris, Chief, Air Quality Planning Branch,

Mailcode 3AP21, U. S. Environmental Protection Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

D. Hand Delivery: At the previously listed EPA Region III address. Such deliveries are only accepted during the Docket =

s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA R03 OAR 2005 0549. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www. regulations. gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www. regulations. gov or e mail. The www. regulations. gov website is an A anonymous access @

system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e mail comment directly to EPA without going through www. regulations. gov, your e mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and 3 be free of any defects or viruses.

Docket: All documents in the electronic docket are listed in the www. regulations. gov index.

Although listed in the index, some information is not publicly available, i. e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www. regulations. gov or in hard copy during normal business hours at the Air Protection Division, U. S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environmental Resources Bureau of Air Quality Control, P. O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105.

SUPPLEMENTARY INFORMATION: On March 29, 2005, the Pennsylvania Department of Environmental Protection ( PADEP) submitted SIP revisions that amended Chapters 121, 129, and 145 of PADEP =

s air quality regulations under 25 Pa. Code Article III ( Air Resources). Chapter 121 is amended to include new definitions associated with the revisions to Chapters 129 and 145.

Chapter 129 is amended to include new Sections 129.201 through 129.204, which establishes ozone season NOx emission limits for certain boilers, turbines, and stationary internal combustion engines that are small sources of NOx in Bucks, Chester, Delaware, Montgomery, and Philadelphia counties ( the five county Southeast Pennsylvania Area). Chapter 129 also includes new Section 129.205,

which allows sources subject to Section 129.201 through 129.203 to get emission credits for generating zero emission renewable energy. Chapter 145 is amended to establish ozone season 4 NOx emission limits for large stationary IC engines and large cement kilns to satisfy the Commonwealth =

s remaining statewide obligations under the NOx SIP Call ( 63 FR 57356, October 27, 1998). On February 6, 2006, PADEP submitted a supplementary letter clarifying certain provisions of the March 29, 2005 submission.

I. Background A. Pennsylvania =

s Additional NOx Emission Reduction Requirements for the Philadelphia Area Pennsylvania =

s approved attainment demonstration for the Philadelphia Area included commitments for additional NOx reductions, see 64 FR 70428, December 16, 1999 and 66 FR 54143, October 26, 2001. Revisions to Chapter 129 establish additional NOx requirements for small sources of NOx in the five county Southeast Pennsylvania area. These requirements are based, in part, on a model rule developed by the Ozone Transport Commission ( OTC) to address ozone problems in the Ozone Transport Region ( OTR).

B. Pennsylvania's NOx SIP Call Requirements EPA issued the NOx SIP Call ( 63 FR 57356, October 27, 1998) to require 22 Eastern states and the District of Columbia to reduce specified amounts of one of the main precursors of ground level ozone, NOx, in order to reduce interstate ozone transport. EPA found that the sources in these states emit NOx in amounts that contribute significantly to nonattainment of the 1 hour ozone national ambient air quality standard ( NAAQS) in downwind states. In the NOx SIP Call, the amount of reductions required by states was calculated based on application of available, highly 5 cost effective controls on specific source categories of NOx.

The NOx SIP Call, including the Technical Amendments which addressed the 2007 electric generating units ( EGU) budgets ( 64 FR 26298, May 14, 1999 and 65 FR 11222, March 2, 2000),

was challenged by a number of state, industry, and labor groups. A summary of the NOx SIP Call requirements, including details of the court decisions that were made in response to challenges to the rule and impacts of the court decisions on certain aspects of the rule may be found in EPA =

s rulemaking dated April 21, 2004 ( 69 FR 21604) entitled, A Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call Technical Amendments, and Section 126 Rules.@ This rulemaking established States =

requirements under Phase II of the NOx SIP Call. The relevant portions of the April 21, 2004 rulemaking that affect Pennsylvania =

s obligations under the NOx SIP Call, and that pertain to the State =

s requirements for Phase II, are discussed in this document to provide background on the March 29, 2005 SIP revision submitted by the PADEP.

On March 3, 2000, the United States Court of Appeals for the District of Columbia Circuit ( DC Circuit) issued its decision on the NOx SIP Call. Michigan v. EPA, 213 F. 3rd 663 ( DC Dir. 2000).

While the DC Circuit ruled largely in favor of EPA in support of its requirements under the 1 hour ozone NAAQS, it also ruled, in part, against EPA on certain issues. The rulings against EPA included two areas of the NOx SIP Call that were remanded and vacated and two areas in which EPA was found to have failed to provide adequate notice of changes in the rule. In the latter case,

the rulings included a failure to provide adequate notice of the change in the definition of EGU as applied to cogeneration ( cogen) units that supply electricity to a utility power distribution system 6 for sale in certain specified amounts, and a failure to provide adequate notice of the change in the control level EPA assumed for large stationary internal combustion ( IC) engines. The portions of the NOx SIP Call that were upheld by the Court, including emission reductions associated with cement manufacturing, were termed A Phase I @

of the rule. With the exception of the remand of the EGU growth factors used in the NOx SIP Call and the requirements for the 8 hour ozone NAAQS ( which EPA stayed due to uncertainty created by the court rulings), those portions of the NOx SIP Call that had been remanded back to EPA were finalized in the April 21, 2004 rulemaking ( 69 FR 21604) and termed A Phase II @

of the rule.

The Phase II rulemaking of April 21, 2004 finalized specific changes to the definition of EGUs as applied to cogen units, finalized the control levels assumed for large stationary IC engines in the NOx SIP Call, adjusted states =

total budgets downward to reflect emission reductions based upon the application of cost effective controls on stationary IC engines that emitted more than 153 tons of NOx during the 1995 ozone season, ( see 65 FR 1222, March 2, 2000), established a SIP submittal date of April 1, 2005 for states to address the Phase II portion of the budget, and set a compliance date of May 1, 2007 for affected sources to meet Phase II. This rulemaking established an incremental amount of additional NOx reductions for each state based upon control levels of 82 percent for lean burn engines and 90 percent for rich burn, diesel and dual fuel engines.

The change to the definition of cogen units did not have an impact on the Phase I budget previously established for Pennsylvania. Therefore, in order to meet its NOx SIP Call Phase II obligations, the State was required only to achieve the incremental reductions that EPA calculated based on 7 controlling large, stationary IC engines to the prescribed levels.

In addition, as part of Phase I, cement manufacturing was determined to be one of the source categories having large contributions to transported emissions, with available, highly cost effective controls that can achieve NOx reductions of 30 percent. Each State =

s overall NOx budget reflected this level of control on cement kilns that emitted more than 153 tons of NOx during the 1995 ozone season, although a State has flexibility regarding which sources to control to meet the reductions.

C. Pennsylvania =

s remaining obligations under the NOx SIP Call Pennsylvania =

s NOx SIP Call Phase I trading program was approved as part of the Pennsylvania SIP on August 21, 2001 ( 66 FR 43795). The NOx SIP Call reductions associated with cement manufacturing facilities and stationary internal combustion engines were not addressed in that rulemaking, therefore the Commonwealth was required to submit SIP revisions to address any additional emission reductions required to meet its overall emissions budget.

On March 29, 2005, the Commonwealth submitted a revision to its SIP to satisfy its remaining obligations under the NOx SIP Call. The SIP revision requires NOx emission reductions from large internal combustion engines and large cement kilns statewide.

II. Summary of SIP Revisions A. Pennsylvania's Additional NOx Emission Reductions in the Philadelphia Area 8 Amendments to Chapter 121 add definitions of megawatt hour ( MWH), parts per million dry volume ( ppmvd), stationary internal combustion engine, tradable renewable certificate, and tradable renewable certificate issuing body.

Amendments to Chapter 129 are additional NOx requirements submitted to satisfy the Commonwealth =

s commitments under the EPA approved SIP revision for the Philadelphia area.

These NOx requirements establish additional emission reductions to support the attainment demonstration for the Philadelphia Area ( 64 FR 70428, December 16, 1999 and 66 FR 54143,

October 26, 2001). The requirements of Chapter 129 are based, in part, on the model rule for additional NOx control measures developed by the Ozone Transport Commission ( OTC), of which Pennsylvania is a member. The OTC was created to address ozone problems in the Ozone Transport Region ( OTR).

Chapter 129 establishes ozone season ( May 1 through September 30) emission limits for NOx from boilers with a rated capacity of greater than 100 million Btu/ hour but less than or equal to 250 million Btu/ hour; turbines with rated capacity of greater than 100 million Btu/ hour; and stationary internal combustion engines rated at greater than 1,000 horsepower located at industrial, utility and commercial sites in the five county Southeast Pennsylvania area. The emission limits are required to be implemented by May 1, 2005 and shall comply with Section 129.204 ( relating to emission accountability).

Chapter 129 does not affect the large sources that are regulated under Chapter 145, Subchapter B 9 ( relating to emissions of NOx from stationary internal combustion engines) and does not apply to the naval marine combustion units operated by the United States Navy for the purposes of testing and operational training, or to units permitted as resource recovery facilities. In addition, Chapter 129 establishes methods for determining NOx allowable emissions for certain boilers, stationary combustion turbines and stationary internal combustion engines ( relating to Sections 129.201

129.203). The owner or operator of a unit covered by these sections under Chapter 129 must calculate the difference between NOx allowable emissions and NOx actual emissions under Section 129.204. Some boilers and turbines may demonstrate compliance though the opt in process provisions of Sections 145.80  145.88.

The regulation states that an owner or operator may apply unused allowable emissions to its other facilities in the state, but if actual emissions exceed allowable emissions, NOx allowances must be surrendered to the State by November 1 of each year starting in 2005. Failure to surrender the required allowances by this date triggers a requirement to surrender three allowances for every ton of excess NOx emitted. These small NOx sources are not part of the State's NOx Budget Trading Program, do not receive allowances from the State's NOx budget, and must therefore secure NOx allowances on the open market.

Section 129.205 establishes provisions for zero emission renewable energy production credits. It applies in the five county Southeast Pennylvania area to an owner or operator of small sources of NOx who generate zero emission renewable energy. An owner or operator may deduct, from its actual emissions, an equivalent amount of NOx emissions that would otherwise be emitted from 10 thermal energy generated by conventional means, subject to conditions stipulated in this section,

which the owner or operator must certify have been met.

For each ton of NOx deducted under Section 129.205 ( i. e., the credit for zero emissions renewable energy produced), the Commonwealth will retire one NOx allowance from its new source set aside pool ( under its NOx Budget Trading Program) for the subsequent ozone season.

B. Pennsylvania's emission reductions under Phase II of the NOx SIP Call.

Chapter 145, Interstate Pollution Transport Reduction Requirements ( Pennsylvania's approved cap and trade program under the NOx SIP Call), is revised by adding new Subchapter B, which establishes statewide ozone season NOx emission limits for large stationary IC engines. Subchapter B, entitled Emissions of NOx From Stationary Internal Combustion Engines, applies to the following types of engines that emitted 153 tons or more of NOx from May 1 through September 30 in any year from 1995 through 2004. As of May 1, 2005, these sources must comply with the following emission limits from May 1 through September 30 of each year:

( 1) For rich burn stationary internal combustion engines having an engine rating equal to or greater than 2,400 brake horsepower, 1.5 grams NOx per brake horsepower hour,

( 2) For lean burn stationary internal combustion engines having an engine rating equal to or greater than 2,400 brake horsepower, 3.0 grams per brake horsepower hour, and ( 3) For diesel stationary internal combustion engines with an engine rating equal to or greater than 3,000 brake horsepower and for dual fuel stationary internal combustion engines with an engine rating equal to or greater than 4,400 brake horsepower, 2.3 grams NOx per brake horsepower 11 hour.

These emission limits are consistent with the control levels established in Phase II, and achieve the incremental reductions required from this source category.

Subchapter B also includes definitions, monitoring requirements, methods for calculating actual and allowable NOx emissions, and includes requirements for surrender of NOx allowances to the State when a unit has excess emissions.

C. Emission reductions from Cement Manufacturing.

To meet NOx SIP Call reductions associated with cement manufacturing, Chapter 145 is revised by adding new Subchapter C, which establishes NOx emission limits for cement kilns from May 1 through September 30 of each year, starting in 2005. The requirements apply statewide, and establish an emission limit of 6 pounds of NOx per ton of clinker produced. As of October 31,

2005, it applies to any kiln that emitted 153 tons or more of NOx from May 1 through September 30 in any year from 1995 through 2004. EPA =

s analysis of Pennsylvania =

s rule showed that this emission level, considered together with the shut down of one kiln ( Kosmos) and the emission reductions previously required on certain other kilns, meets the requirements of the NOx SIP Call ( see Technical Support Document for a detailed discussion and analysis of emission reductions from affected cement kilns in the Commonwealth). Subchapter C also includes applicability, new definitions, standard requirements for compliance monitoring, requirements for determining allowable and actual emissions, and includes requirements for surrender of NOx allowances to the State when a unit has excess emissions. 12 III. Proposed Action EPA is proposing to approve the SIP revisions submitted by the Commonwealth of Pennsylvania on March 29, 2005, and supplemented on February 6, 2006. EPA =

s review of the submittal indicates that the revisions to Chapter 121, addition of new Sections 129.201 though 129.205 ( Additional NOx Requirements), revision of Section 145.42 ( pertaining to accountability of NOx credit under Section 129.205), and addition of Subchapters B and C to Chapter 145 ( pertaining to the State's remaining NOx SIP Call obligations for IC engines and cement kilns, respectively), are approvable.

These revisions strengthen the Pennsylvania SIP. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.

IV. Statutory and Executive Order Reviews Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), this proposed action is not a " significant regulatory action" and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, " Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" ( 66 Fed.

Reg. 28355 ( May 22, 2001)). This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law.

Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act ( 5 U. S. C. 601 et seq.). Because this rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain 13 any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 ( Public Law 104 4). This proposed rule also 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, as specified by Executive Order 13175 ( 65 FR 67249,

November 9, 2000), nor will it have substantial direct effects 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, as specified in Executive Order 13132 ( 64 FR 43255,

August 10, 1999), because it merely proposes to approve a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 ( 62 FR 19885, April 23, 1997), because it is not economically significant.

In reviewing SIP submissions, EPA =

s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards ( VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( 15 U. S. C. 272 note) do not apply. As required by section 3 of Executive Order 12988 ( 61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, 14 minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 ( 53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the A Attorney General =

s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings @

issued under the executive order.

This proposed rule to approve Pennsylvania =

s additional NOx emission reductions for the Philadelphia Area and its remaining NOx SIP Call requirements does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 ( 44 U. S. C. 3501 et seq.).

List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Authority: 42 U. S. C. 7401 et seq.

/ s/ _______________ ____________________________ Dated: July 6, 2006 William T. Wisniewski, Acting Regional Administrator, Region III.


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 6005-6006]
[FR Doc No: 2020-01909]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88058; File No. SR-NYSE-2020-04]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 104(f)(5) To Extend the Operative Date of the Requirements
of Rules 104(f)(2) and (3) to Exchange Traded Products

January 28, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on January 17, 2020, 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, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 104(f)(5) to extend the
operative date of the requirements of Rules 104(f)(2) and (3) to
Exchange Traded Products (``ETPs'') to no later than eighteen weeks
after ETPs listed on the Exchange pursuant to Rules 5P and 8P begin
trading. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 104(f)(5) to extend the
operative date of the requirements of Rules 104(f)(2) and (3) to ETPs
to no later than eighteen weeks after ETPs listed on the Exchange
pursuant to Rules 5P and 8P begin trading.
    Rule 104(f) imposes an affirmative obligation on Designated Market
Makers (``DMM'') to maintain, insofar as reasonably practicable, a fair
and orderly market on the Exchange in assigned securities, including
maintaining price continuity with reasonable depth and trading for the
DMM's own account when lack of price continuity, lack of depth, or
disparity between supply and demand exists or is reasonably to be
anticipated. The Exchange supplies DMMs with suggested Depth Guidelines
for each security in which a DMM is registered, and DMMs are expected
to quote and trade with reference to those Depth Guidelines.\4\
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    \4\ See Rule 104(f)(3).
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    The Exchange amended Rule 104 to specify DMM requirements for ETPs
listed on the Exchange pursuant to Rules 5P and 8P.\5\ In that filing,
the Exchange added subsection (5) to Rule 104(f) providing that, for
those ETPs in which they are registered, DMM units are responsible for
the affirmative obligation of maintaining a fair and orderly market,
including maintaining price continuity with reasonable depth for their
registered ETPs in accordance with Depth Guidelines published by the
Exchange. To provide the Exchange time to collect trading data adequate
to calculate appropriate Depth Guidelines for listed ETPs, the Exchange
proposed that Rule 104(f)(2) and (3) would not be operative until
eighteen weeks after the approval of the proposed rule change by the
Commission.\6\ The Commission approved the rule filing on September 23,
2019. Rules 104(f)(2) and (3) would accordingly be operative for ETPs
on January 27, 2020.
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    \5\ See Securities Exchange Act Release No. 87056 (September 23,
2019), 84 FR 51205 (September 27, 2019) (SR-NYSE-2019-34).
    \6\ See id., 84 FR at 51207.
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    To date, no ETPs have listed on the Exchange. In order to provide
the Exchange with adequate time to calculate the appropriate Depth
Guidelines for ETPs based on actual trading data, the Exchange proposes
to specify in Rule 104(f)(5) that the outside date for the requirements
Rule 104(f)(2) and (3) to be operative with respect to ETPs would be no
later than eighteen weeks after ETPs listed on the Exchange pursuant to
Rules 5P and 8P begin trading.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Sections
6(b)(5) of the Act,\8\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanisms of, a
free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that delaying implementation
of Depth Guidelines no later than eighteen weeks after ETPs listed on
the Exchange pursuant to Rules 5P and 8P begin trading would remove
impediments to

and perfect the mechanism of a free and open market and a national
market system by allowing the Exchange time to develop Depth Guidelines
tailored for how ETPs actually trade on the Exchange, thereby
facilitating market making by DMMs in listed ETPs and maintaining the
Exchange's current structure to trade listed securities. The proposed
rule change is therefore consistent with the existing delayed
implementation of Depth Guidelines. Because the purpose of the original
delayed implementation was to provide time to develop Depth Guidelines
tailored for how ETPs listed on the Exchange would trade, the Exchange
believes that beginning the delayed implementation period from the
start of trading of ETPs listed under Rules 5P and 8P would serve the
same goal, which is to provide time for the Exchange to develop Depth
Guidelines tailored for how ETPs listed on the Exchange will trade.
    The Exchange further believes that the proposal would not be
inconsistent with the public interest and the protection of investors.
The proposal would not eliminate or reduce the Rule 104 requirements
applicable to DMMs trading ETPs on the Exchange that transactions be
effected in a reasonable and orderly manner in relation to the
condition of the general market and the market in the particular stock.
Rather, the Exchange proposes that implementation of these obligations
would be delayed no later than eighteen weeks following the start of
ETP trading so that the Exchange can calculate Depth Guidelines based
on actual trading data. As noted, the Exchange believes that delayed
implementation of Depth Guidelines will allow it to develop more
appropriately tailored guidelines that should improve the DMM units'
ability to maintain a fair and orderly market and also the broader
market for those securities here on the Exchange and on other
markets.\9\
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    \9\ See Securities Exchange Act Release Nos. 62479 (July 9,
2010), 75 FR 41264, 41265 (July 15, 2010) (SR-NYSEAmex-2010-31).
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    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\10\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed change
would promote competition by facilitating the trading of Exchange-
listed ETPs by DMMs and promoting the display of liquidity on an
exchange, which would benefit all market participants, which would
enable the Exchange to further compete with unaffiliated exchange
competitors that also trade ETPs.
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    \10\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2020-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2020-04. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions.
    You should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NYSE-2020-04
and should be submitted on or before February 24, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01909 Filed 1-31-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62198-62200]
[FR Doc No: 2016-21489]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78747; File No. SR-BatsBYX-2016-23]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of Bats BYX Exchange, Inc.

September 1, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 25, 2016, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).

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

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

    The Exchange proposed rule change to amend the fee schedule
applicable to Members and non-Members \5\ of the Exchange pursuant to
Exchange Rules 15.1(a) and (c). Specifically, the Exchange proposes to
adopt new fee code IX, which would be appended to all orders that are
routed to the Investors Exchange, Inc. (``IEX'') using the using the
Destination Specific (``DIRC'') routing strategy.\6\
---------------------------------------------------------------------------

    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
    \6\ See Exchange Rule 11.13(b)(3)(E).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission has approved IEX as a registered national securities
exchange,\7\ which is to begin a symbol-by-symbol roll out of symbols
on August 19, 2016.\8\ As of that date, the Exchange will begin routing
orders to IEX and Members may elect that their orders be routed
directly to IEX using the DIRC routing strategy. The Exchange,
therefore, proposes to amend its fee schedule to adopt new fee code IX,
which would be appended to all orders that are routed to IEX using the
DIRC routing strategy. All orders yielding fee code IX will be charged
a fee of $0.0010 per share.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 78101 (June 17,
2016), 81 FR 41141 (June 23, 2016) (``IEX Approval Order'').
    \8\ See Letter from Brad Katsuyama, CEO, IEX, to IEX's Sell-Side
and Buy-Side Partners, dated June 17, 2016 (https://www.iextrading.com/) (stating that IEX will commence a symbol-by-
symbol roll-out on August 19, 2016, concluding on September 2,
2016).
---------------------------------------------------------------------------

    The proposed change would enable the Exchange to charge a rate
reasonably related to the rate that Bats Trading, Inc. (``Bats
Trading''), the Exchange's affiliated routing broker-dealer, would be
charged for routing orders to IEX, when it does not qualify for a
volume tier reduced fee.\9\ As a result, when Bats Trading routes an
order to IEX which removes liquidity against a non-displayed order, it
will be charged a standard rate of $0.0009 per share for securities
priced at or above $1.00 and 0.30% of the transaction's dollar value in
securities priced below $1.00.\10\ Bats Trading will not be charged a
fee for orders it routes to IEX which remove liquidity against a
displayed order.\11\ Bats Trading will pass through these rates to the
Exchange and the Exchange, in turn, will charge a rate of $0.0010 per
share, regardless of whether the security is priced above or below
$1.00. The Exchange notes it would not be able to control whether the
order it routes to IEX executes against displayed or non-displayed
liquidity, and therefore, propose to charge a fee for orders that yield
fee code IX based on IEX's rates for removing non-displayed liquidity.
The proposed fee under fee code IX would enable the Exchange to
equitably allocate its costs among all Members utilizing fee code IX.
---------------------------------------------------------------------------

    \9\ The Exchange notes that IEX does not currently offer volume
tiered pricing.
    \10\ See IEX fee schedule available at https://iextrading.com/trading/#fee-schedule (effective August 19, 2016). See also IEX
Trading Alert #2016-036, Investors Exchange Fee Schedule Effective
August 19, 2016, available at https://iextrading.com/trading/alerts/2016/036/.
    \11\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to implement this amendment to its fee
schedule on immediately.\12\
---------------------------------------------------------------------------

    \12\ The Exchange filed SR-BatsBYX-2016-22 on August 19, 2016.
On August 26, 2016, the Exchange withdrew that filing and submitted
this filing.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act,\13\ in general, and
furthers the objectives of section 6(b)(4),\14\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange believes that by allowing customers to route
specifically to IEX through Bats Trading, as it does with the other
exchanges, fee code IX represents an equitable allocation of reasonable
dues, fees, and other charges among Members and other persons using its
facilities. As of August 19, 2016, IEX will charge a fee of $0.0009 per
share for orders which remove liquidity against non-displayed orders
and no fee for orders that remove liquidity against displayed
order.\15\ Because the Exchange would not be able to control whether
the order it routes to IEX executes against displayed or non-displayed
liquidity, it therefore, believes it is equitable and reasonable to
charge a fee for orders that yield fee code IX based on IEX's rates for
removing non-displayed interest. The Exchange further believes that its
proposal to pass through a fee of $0.0010 per share is equitable and
reasonable because it accounts for the prices charged by IEX plus the
additional operation expenses that would be incurred by the Exchange in
routing orders to IEX.\16\ Furthermore, the Exchange notes that routing
through Bats Trading is voluntary and Members may utilize other avenues
to route orders to IEX, such as connecting to IEX directly. Lastly, the
Exchange also believes that the proposed fee code is non-discriminatory
because it applies uniformly to all Members.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(4).
    \15\ See supra note 10.
    \16\ The Exchange notes that, pursuant to fee code J, it charges
all order routed to the Nasdaq Stock Market LLC (``Nasdaq'') a
uniform rate of $0.0029 per share even though Nasdaq's removal rates
differs for securities priced above and below $1. See Nasdaq's fee
schedule available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2. The Exchange also notes that the
proposed rate for fee code IX is lower that its standard routing fee
of $0.0029 per share under fee code X, which it charges, for
example, to orders routed to the National Stock Exchange, Inc.
(``NSX'') which charges a lower rate to remove liquidity. See NSX's
fee schedule available at http://nsx.com/client/pricing (charging a
fee of $0.0003 per share to orders that remove liquidity).
---------------------------------------------------------------------------

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

    This proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act. The Exchange does not believe that this change represents a
significant departure from previous pricing offered by the Exchange or
from pricing offered by the Exchange's competitors. The proposed rate
would apply uniformly to all Members, and Members may opt to disfavor
the Exchange's pricing if they believe that alternatives offer them
better value. Accordingly, the Exchange does not believe that the
proposed changes will impair the ability of Members or competing venues
to maintain their competitive standing in the financial markets. The
Exchange believes that its proposal to pass

through a fee of $0.0010 for Members' orders that yield fee code IX
would increase intermarket competition by offering customers an
alternative means to route to specifically to IEX. As stated above,
routing through Bats Trading is voluntary and Members may utilize other
avenues to route orders to IEX, such as connecting to IEX directly. The
Exchange believes that its proposal would not burden intramarket
competition because the proposed rate would apply uniformly to all
Members.

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

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

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4
thereunder.\18\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsBYX-2016-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2016-23. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBYX-2016-23, and should
be submitted on or before September 29, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-21489 Filed 9-7-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28492-28494]
[FR Doc No: 2013-11530]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-0052]
RIN 1625-AA08

Special Local Regulation; Low Country Splash, Wando River, Cooper
River, and Charleston Harbor; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Wando River, Cooper River, and Charleston Harbor in
Charleston, South Carolina during the Low Country Splash on June 1,
2013. This special local regulation is necessary to ensure the safety
of participants, spectators, and the general public during the event.
The special local regulation will temporarily restrict vessel traffic
in a portion of the Wando River and Charleston Harbor, preventing non-
participant vessels from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port Charleston or a designated representative.

DATES: This rule is effective from 7 a.m. until 10 a.m. on June 1,
2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0052 and are available online
by going to http://www.regulations.gov, inserting USCG-2013-0052 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Sector Charleston 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

    On March 26, 2013, we published a notice of proposed rulemaking
(NPRM) entitled, ``Special Local Regulation; Low Country Splash, Wando
River, Cooper River, and Charleston Harbor, Charleston, SC'' in the
Federal Register (78 FR 18277). We received no comments on the proposed
rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    On June 1, 2013, the Low country Splash Open Water Swim is
scheduled to take place on the Wando River, Cooper River, and
Charleston Harbor in Charleston, SC. The race will consist of
approximately 500 swimmers. The race will commence at Daniel Island
Pier, transit south in the Wando River, crossing the navigational
channel at Hobcaw Point and continuing South into Charleston Harbor.
The race will finish at Charleston Harbor Resort Marina. There will be
safety vessels preceding the participating swimmers, and following the
last participating swimmers. This event poses significant risks to
participants, spectators, and the boating public because of the large
number of swimmers and recreational vessels that are expected in the
area of the event. These special local regulations are necessary to
protect race participants, spectators, and other persons and vessels
from the hazards associated with the race.

C. Discussion of Comments, Changes and the Final Rule

    The special local regulation will designate a temporary regulated
area on the Wando River, Cooper River, and Charleston Harbor in
Charleston, South Carolina. The special local regulation will be
enforced from 7 a.m. until 10 a.m. on June 1, 2013. Persons and vessels
may not enter, transit through, anchor in, or remain within the safety
zone unless authorized by the Captain of the Port Charleston or a
designated representative.
    Persons and vessels desiring to enter, transit through, anchor in,
or remain within the regulated area may contact the Captain of the Port
Charleston 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 area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the special local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full regulatory evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimal for
the following reasons: (1) The rule will be in effect for only three
hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the buffer zones without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
effective period; (3) advance notification will be made to the local
maritime community via broadcast notice to mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 The
Wando River, Cooper River, and Charleston Harbor from 7 a.m. until 10
a.m. on June 1, 2013. For the reasons discussed in the Regulatory
Planning and Review 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 offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship

between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
We have analyzed this rule under that Order and determined that this
rule 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
INTFORMATION 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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves special local
regulations issued in conjunction with a regatta or marine parade.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for 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 Sec.  100.T07-0052 to read as follows:

Sec.  100.T07-0052  Special Local Regulations; Low Country Splash,
Wando River, Cooper River, and Charleston Harbor, Charleston, SC.

    (a) Regulated Areas. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Daniel Island Pier in approximate position 32[deg]51'20'' N,
079[deg]54'06'' W, South along the coast of Daniel Island, across the
Wando River to Hobcaw Yacht Club, in approximate position
32[deg]49'20'' N, 079[deg]53'49'' W, South along the coast of Mt.
Pleasant, S.C., to Charleston Harbor Resort Marina, in approximate
position 32[deg]47'20'' N, 079[deg]54'39'' W. There will be a temporary
Channel Closer from 0730 to 0815 on June 01, 2013 between Wando River
Terminal Buoy 3 (LLNR 3305), and Wando River Terminal Buoy 5 (LLNR
3315). The zone will at all times extend 75 yards both in front of the
lead safety vessel preceding the first race participants; 75 yards
behind the safety vessel trailing the last race participants; and at
all times extending 100 yards on either side of participating race and
safety vessels. Information regarding the identity of the lead safety
vessel and the last safety vessel will be provided 2 days prior to the
race via broadcast notice to mariners and marine safety information
bulletins.
    (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 Charleston 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 the
regulated areas unless otherwise authorized by the Captain of the Port
Charleston or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16 to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
permission must comply with the instructions of the Captain of the Port
Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas
through advanced notice via broadcast notice to mariners and by on-
scene designated representatives.
    (d) Effective Date. This rule is effective and will be enforced
from 7:00 a.m. to 10:00 a.m. June 01, 2013.

    Dated: May 1, 2013.
M. F. White,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2013-11530 Filed 5-14-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7808-7810]
[DOCID:fr20fe09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1205; Directorate Identifier 2008-CE-062-AD;
Amendment 39-15811; AD 2009-04-05]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Models 182Q and
182R Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cessna Aircraft Company (Cessna) Models 182Q and 182R airplanes that
are equipped with Societ[eacute] de Motorisations A[eacute]ronautiques
(SMA) Aircraft Diesel Engine (ADE) Model SR305-230-1 or Model SR305-230
converted to Model SR305-230-1 installed under Supplemental Type
Certificate (STC) SA03302AT. This AD requires you to remove the
intercooler and the intercooler inlet and outlet hoses, install a
reworked intercooler and new intercooler inlet and outlet hoses,
inspect hoses and clamp torques, repetitively inspect installation of
the intercooler outlet and inlet hose assemblies for any displacement
or damage of clamps or hoses, and, if necessary, replace any damaged
clamps or hoses. This AD results from a report of two instances of
induction hose disconnection occurring while in service, resulting in a
loss of turbo boost and a significant loss of engine power. We are
issuing this AD to detect and correct improper intercooler outlet and
intercooler inlet hose assembly installations, which could result in
loss of turbo boost and a significant loss of engine power. This
failure could lead to an inability to maintain constant altitude in
flight.

DATES: This AD becomes effective on March 27, 2009.
    On March 27, 2009, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.

ADDRESSES: For service information identified in this AD, contact SMA
Customer Service, 10-12 Rue Didier Daurat, 18021 Bourges, France;
telephone: +33 (0) 2 48 67 56 00; fax: +33 (0) 2 48 50 01 41; E-mail:
<EMAIL_ADDRESS>Internet: http://www.smaengines.com.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2008-1205;
Directorate Identifier 2008-CE-062-AD.

FOR FURTHER INFORMATION CONTACT: Don O. Young, Aerospace Engineer, ACE-
118A, Atlanta Aircraft Certification Office, One Crown Center, 1895
Phoenix Blvd., Suite 450, Atlanta, Georgia 30349; telephone: (770) 703-
6079; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On November 6, 2008, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to certain Cessna Models 182Q and 182R airplanes that are
equipped with SMA ADE Model SR305-230-1 or Model SR305-230 converted to
Model SR305-230-1 installed under STC SA03302AT. This proposal was
published in the Federal Register as a notice of proposed rulemaking
(NPRM) on November 13, 2008 (73 FR 67112). The NPRM proposed to require
you to remove the intercooler and the intercooler inlet and outlet
hoses, install a reworked intercooler and new intercooler inlet and
outlet hoses, inspect hoses and clamp torques, repetitively inspect
installation of the intercooler outlet and inlet hose assemblies for
any displacement or damage of clamps or hoses, and, if necessary,
replace any damaged clamps or hoses.

Comments

    We provided the public the opportunity to participate in developing
this AD. We received no comments on the proposal or on the
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 7 airplanes in the U.S. registry.
    We estimate the following costs to do the replacements:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $80 per hour = $320...........................          $3,436           $3,756          $26,292
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any inspection of the
installation of the intercooler hose assembly that would be required:

------------------------------------------------------------------------
                                                          Total cost per
            Labor cost                  Parts cost           airplane
------------------------------------------------------------------------
2 work-hours x $80 per hour =      Not Applicable......            $160
 $160.
------------------------------------------------------------------------

    We have no way of determining the cost of any necessary replacement
that may be required as a result of any inspection.
    SMA will provide warranty credit as stated in SMA SAFRAN Group
Service Bulletin SB-C182-75-004, Revision No. Basic Issue, dated July
8, 2008.

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 AD.

Regulatory Findings

    We have 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); and
    3. 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.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2008-1205; Directorate Identifier 2008-CE-062-AD'' in your
request.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (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. FAA amends Sec.  39.13 by adding the following new AD:

2009-04-05 Cessna Aircraft Company: Amendment 39-15811; Docket No.
FAA-2008-1205; Directorate Identifier 2008-CE-062-AD.

Effective Date

    (a) This AD becomes effective on March 27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models 182Q and 182R airplanes, all
serial numbers, certificated in any category, that are equipped
with:
    (1) Societ[eacute] de Motorisations A[eacute]ronautiques (SMA)
aircraft diesel engine (ADE) Model SR305-230-1 installed under
Supplemental Type Certificate (STC) SA03302AT; or
    (2) SMA ADE Model SR305-230 converted to Model SR305-230-1 (by
incorporation of SMA Service Bulletin SB-01-76-002) installed under
STC SA03302AT.

Unsafe Condition

    (d) This AD results from a report of two instances of induction
hose disconnection occurring while in service on the air inlet
manifold circuit, resulting in a loss of turbo boost and a
significant loss of engine power. We are issuing this AD to detect
and correct improper intercooler hose assembly installation, which
could result in loss of turbo boost and a significant loss of engine
power. This failure could lead to an inability to maintain constant
altitude in flight.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Remove intercooler part   Before further        Follow SMA SAFRAN
 number (P/N) SF01170004-0     flight as of March    Group Service
 and install reworked          27, 2009 (the         Bulletin SB-C182-75-
 intercooler P/N SF01170004-   effective date of     004, Revision No.
 1 and remove intercooler      this AD).             Basic Issue, dated
 inlet and outlet hoses and                          July 8, 2008.
 install new intercooler
 inlet hose P/N SF01170083-0
 and intercooler outlet hose
 P/N SF01170048-0.
(2) Inspect intercooler       Within the next 25    Follow SMA SAFRAN
 inlet and outlet hoses and    hours time-in-        Group Service
 clamps for displacement and   service (TIS)         Bulletin SB-C182-75-
 re-torque clamps. If you      following             004, Revision No.
 find any displacement do      installation          Basic Issue, dated
 the displacement recovery.    required by           July 8, 2008.
                               paragraph (e)(1) of
                               this AD.
(3) Inspect the installation  Initially inspect     Follow SMA SAFRAN
 of the intercooler outlet     within the next 100   Group Service
 hose and intercooler inlet    hours TIS after the   Bulletin SB-C182-75-
 hose assembly for any         action required by    004, Revision No.
 displacement or damage of     paragraph (e)(1) of   Basic Issue, dated
 clamps or hoses.              this AD or within     July 8, 2008.
                               the next 12 months
                               after the action
                               required by
                               paragraph (e)(1) of
                               this AD, whichever
                               occurs first.
                               Repetitively
                               thereafter inspect
                               at intervals not to
                               exceed 100 hours
                               TIS or 12 months,
                               whichever occurs
                               first.
(4) If, as a result of any    Before further        Follow SMA SAFRAN
 inspection required by        flight, after the     Group Service
 paragraph (e)(3) of this      inspection required   Bulletin SB-C182-75-
 AD, you find any              by paragraph (e)(3)   004, Revision No.
 displacement or damage of     of this AD where      Basic Issue, dated
 clamps or hoses, replace      you found any         July 8, 2008.
 any damaged clamps and        displacement or
 hoses.                        damage of clamps or
                               hoses.
(5) Do not install any        As of March 27, 2009  Not Applicable.
 intercooler P/N SF01170004-   (the effective date
 0.                            of this AD).
------------------------------------------------------------------------

Special Flight Permit

    (f) Under 14 CFR part 39.23, we are limiting the special flight
permits for this AD by the following conditions:
    (1) Before flight, an inspection of hoses and clamps by a
properly certificated mechanic reveals no damaged or disconnected
hoses or clamps; and
    (2) You fly by the most direct route to the site where the AD
can be performed.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Don O. Young, Aerospace Engineer, ACE-118A, Atlanta ACO, One
Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, Georgia 30349;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using any
approved AMOC on any airplane to which the AMOC applies, notify your
appropriate principal inspector (PI) in the FAA Flight Standards
District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (h) You must use SMA SAFRAN Group Service Bulletin SB-C182-75-
004, Revision No. Basic Issue, dated July 8, 2008, to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact SMA
Customer Service, 10-12 Rue Didier Daurat, 18021 Bourges, France;
telephone: +33 (0) 2 48 67 56 00; fax: +33 (0) 2 48 50 01 41; E-
mail<EMAIL_ADDRESS>Internet: http://
www.smaengines.com.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD 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/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on February 6, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-2993 Filed 2-19-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Page 38274]
[FR Doc No: 2019-16834]

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

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4453-DR; Docket ID FEMA-2019-0001]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-4453-DR), dated July 12, 2019,
and related determinations.

DATES: The declaration was issued July 12, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 12, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, tornadoes, straight-line
winds, and flooding during the period of April 30 to May 1, 2019, is
of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gerard M. Stolar, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Alfalfa, Atoka, Bryan, Coal, Craig, Kay, Lincoln, Love, Major,
Noble, Nowata, Okmulgee, Osage, Ottawa, Pittsburg, Pushmataha,
Stephens, and Tillman Counties for Public Assistance.
    All areas within the State of Oklahoma are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16834 Filed 8-5-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88059-88060]
[FR Doc No: 2023-27982]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8047-015]

Willimantic Power Corporation; Notice Soliciting Applications

    On August 31, 2020, Willimantic Power Corporation (licensee), a
subsidiary of Enel Green Power North America filed a Notice of Intent
(NOI) to file an application for a subsequent license for its
Willimantic #2 Hydroelectric Project, No. 8047, pursuant to section
16.19(b)(3) of the

Commission's regulations.\1\ On October 23, 2020, Commission staff
noticed the NOI and approved the use of the traditional licensing
process (TLP) to develop the license application. The existing license
for Project No. 8047 expires on September 30, 2025.
---------------------------------------------------------------------------

    \1\ On March 22, 2021, Hydroland Omega, LLC, notified the
Commission that the Willimantic Power Corporation is a wholly owned
subsidiary of Hydroland Omega, LLC and replaced Enel Green Power
North America, Inc. as the parent company.
---------------------------------------------------------------------------

    The 684-kilowatt (kW) Willimantic #2 Project is located on the
Willimantic River, in Windham County, Connecticut.
    The principal project works consist of: (1) an upper dam with (i) a
12-foot-high and 175-foot-long granite block spillway with a crest
elevation of 206.10 feet mean sea level (msl), (ii) a reservoir with a
surface area of 2.5 acres, (iii) a 419-foot long power canal, (iv)
trashracks with 2-inch clear bar spacing, (v) a 275-foot-long, 9-foot-
diameter penstock, (vi) a powerhouse containing a Kaplan turbine-
generator unit with an installed capacity of 684 kilowatts (kW), and
(vii) a 50-foot-long tailrace with a tailwater elevation of 182.6 feet
msl; (2) a lower dam with (i) a 15.2-foot-high and 125-foot-long
granite block spillway with a crest elevation of 193.7 feet msl, and
(ii) a reservoir with a surface area of 3.0 acres; (3) 1,000-foot-long,
4,160-Volt (V) generator lead, and a 1,500-kVA 600/2,400-V transformer
bank; (4) a 520-foot-long, 23,500-V transmission line; and (5)
appurtenant facilities. The project operates run-of-river and generates
and estimated average of 1,201,000 kW hours a year.
    Pursuant to section 16.20(c) of the Commission's regulations, an
existing licensee with a minor license not subject to sections 14 and
15 of the Federal Power Act must file an application for a subsequent
license at least 24 months prior to the expiration of the current
license.\2\ As stated above, Willimantic Power Corporation's NOI
indicated that it would be filing an application for a subsequent
license; however, it did not file an application for a subsequent
license or an application for an exemption from licensing for the
Willimantic #2 Project by the October 2, 2023 deadline.\3\
---------------------------------------------------------------------------

    \2\ 18 CFR 16.20(c) (2022).
    \3\ The Commission's Rules of Practice and Procedure provide
that if a filing deadline falls on a Saturday, Sunday, holiday, or
other day when the Commission is closed for business, the filing
deadline does not end until the close of business on the next
business day. 18 CFR 385.2007(a)(2) (2022). Because the 24-month
deadline fell on a Saturday (i.e., September 30, 2023), the filing
deadline was extended until the close of business on Monday, October
2, 2023.
---------------------------------------------------------------------------

    Therefore, pursuant to section 16.25(a) of the Commission's
regulations, we are soliciting applications from potential applicants
other than the existing licensee.\4\ Interested parties have 90 days
from the date of this notice to file a NOI to file an application for a
subsequent license. An application for subsequent license or exemption
for the Willimantic #2 Project (No. 8047) may be filed within 18 months
of the date of filing the NOI. The existing licensee is prohibited from
filing an application either individually or in combination with other
entities.\5\
---------------------------------------------------------------------------

    \4\ 18 CFR 16.25(a) (2022).
    \5\ Id. Sec.  16.24(b)(2) (2022).
---------------------------------------------------------------------------

    Questions concerning this notice should be directed to Jeanne
Edwards at<PHONE_NUMBER> or [email protected].

    Dated: December 14, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27982 Filed 12-19-23; 8:45 am]
BILLING CODE 6717-01-P