[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46752-46753]
[FR Doc No: 2021-17789]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0032]

Commercial Driver's License Standards: Application for Exemption;
Daimler Trucks North America, LLC (Daimler)

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that Daimler Trucks North America, LLC
(Daimler) has requested an exemption from the commercial driver's
license (CDL) requirements for one of its drivers, Gesa Reimelt.
Daimler also requested an exemption for the same driver from the
requirement to register CDL holders in the Drug and Alcohol
Clearinghouse (Clearinghouse). Ms. Reimelt has a valid German
commercial license and will test drive Daimler vehicles on U.S. roads
to better understand product requirements in ``real world''
environments and verify results. Daimler believes that the requirements
for a German commercial license ensure that the same level of safety is
met or exceeded as if this driver had a U.S. CDL.

DATES: Comments must be received on or before September 20, 2021.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2012-0032 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice (FMCSA-2012-0032). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory process. 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
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2012-0032), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2012-0032'' in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear, insert the required information.
Choose whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment''.
    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 comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and materials received during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

Current Regulation(s) Requirements

    Under 49 CFR 383.23, no person shall operate a commercial motor
vehicle (CMV) unless such person has taken and passed the knowledge and
driving skills tests for a commercial learner's permit or CDL that meet
the Federal standards in subparts F, G, and H of part 383 for the CMV
that person operates or expects to operate. The Clearinghouse maintains
records of all drug and alcohol program violations in a central
repository and requires that employers query the system to determine
whether current and prospective employees have verified drug or alcohol
violations that would prohibit them from performing safety-sensitive
functions under the FMCSA and U.S. Department of Transportation drug
and alcohol testing regulations.

Applicant's Request

    Daimler has requested an exemption from 49 CFR 383.23 for Gesa
Reimelt, because she is unable to obtain a CDL due to her lack of
residency in the United States. Daimler further requested an exemption
for the driver from the Clearinghouse requirements of 49 CFR part 382,
subpart G, stating that, for a driver to register and for a motor
carrier to run full/limited queries and/or report violations to the
Clearinghouse, a valid State-issued CDL number is required.
    Daimler's Development Engineer/Driver Gesa Reimelt has a valid
German commercial license. The exemption would allow Ms. Reimelt to
operate a CMV in interstate commerce to support Daimler field tests to
meet future regulatory requirements, and to promote the development of
improved safety and emissions technologies. Daimler stated that the
driver would be in country for no more than six weeks per year.

IV. Equivalent Level of Safety

    According to Daimler, the requirements for a German commercial
license ensure that the same level of safety is met or exceeded as if a
driver had a CDL issued by one of the States. Daimler explained that
Ms. Reimelt is familiar with the operation of CMVs worldwide and would
be accompanied at all times by a driver who holds a State-issued CDL
and is familiar with the routes to be traveled. Additionally, Daimler
provided statements of driving history for its driver.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Daimler's application for an
exemption from 49 CFR 383.23. The Agency is not seeking comment on
Daimler's request for an exemption from the Clearinghouse requirements,
because 49 CFR part 382, subpart G is not applicable to a driver who
does not hold a CDL. All comments received before the close of business
on the comment closing date indicated at the beginning of this notice
will be considered and will be available for examination in the docket
at the location listed under the Addresses section of this notice.
Comments received after the comment closing date will be filed in the
public docket and will be considered to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-17789 Filed 8-18-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Rules and Regulations]
[Pages 29023-29025]
[FR Doc No: 2013-11750]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1001]
RIN 1625-AA00

Safety Zones; Annual Firework Displays Within the Captain of the
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding three new fireworks events and
correcting the location of five existing events outlined in 33 CFR
165.1332 to ensure public safety during annual firework displays at
various locations in the Captain of the Port, Puget Sound Area of
Responsibility. When these safety zones are activated and subject to
enforcement, this rule limits the movement of vessels within the
established firework display areas. These additions and corrections are
necessary to prevent injury and to protect life and property of the
maritime public from hazards associated with firework displays.

DATES: This rule is effective June 17, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1001]. 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 ``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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email ENS Nathaniel P. Clinger, Coast Guard Sector Puget Sound,
Waterways Management Division, U.S. Coast Guard; telephone (206) 217-
6045, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    The Coast Guard published a notice of proposed rulemaking, Safety
Zones; Annual Firework Displays within the Captain of the Port (COTP),
Puget Sound Area of Responsibility, Docket No. USCG-2012-1001 on
February 5, 2013. The Coast Guard published the following temporary
final rules; Multiple Firework Displays within the Captain of the Port,
Puget Sound Area of Responsibility WA, Docket No. USCG-2010-0591 on
July 2, 2010, Docket No. USCG-2011-0450 on June 8, 2011, and Docket No.
USCG-2012-0488 on June 15, 2012. The Coast Guard received zero comments
submitted via regulations.gov and received zero requests for public
meeting for these regulations.

B. Basis and Purpose

    This rule corrects the coordinates of five firework displays
outlined in 33 CFR 165.1332, located within the greater Puget Sound
Area, to accurately reflect the correct position of the firework
displays. This rule also adds three new firework display locations, and
changes the title of the rule to accurately reflect what is codified in
33 CFR 3.65-10. These actions are necessary in order to restrict vessel
movement and reduce vessel congregation in the proximity of firework
discharge sites to ensure maritime public safety.

C. Discussion of Comments, Changes and the Final Rule

    This rule amends the following firework display positions: City of
Renton Fireworks; coordinates are revised to read: Latitude
47[deg]30.386[min] N, longitude 122[deg]12.502[min] W. Bainbridge
Island Fireworks; coordinates are revised to read: Latitude
47[deg]37.142[min] N, longitude 122[deg]30.397[min] W. Port Townsend
Sunrise Rotary; coordinates are revised to read: Latitude
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W. Tacoma Freedom
Fair; coordinates are revised to read: Latitude 47[deg]17.103[min] N,
longitude 122[deg]28.410[min] W. Brewster 4th of July; coordinates are
revised to read: Latitude 48[deg]05.362[min] N, longitude
119[deg]47.147[min] W.
    This rule adds the following firework displays: Port Ludlow
Fireworks, latitude 47[deg]55.161[min] N, longitude 122[deg]41.157[min]
W; Boston Harbor 4th of July, latitude 47[deg]08.626[min] N, longitude
122[deg]54.149[min] W; Everett 4th of July, latitude 48[deg]00.672[min]
N, 122[deg]13.391[min] W.
    Additionally, a further change is being made to Port Townsend
Sunrise Rotary. Coordinates will be revised to read: Latitude
48[deg]08.413[min] N, longitude 122[deg]45.531[min] W as the original
posting of this rule listed the latitude as 47[deg]08.413[min] N
instead of the intended 48[deg]08.413[min] N. This change is a non-
substantive substitution that does not change the originally intended
size or shape of the safety zone.
    These safety zones extend 450 yards from their launch site. This
zone size allows for the use of up to a 16 mortar shell in
annual firework displays. However, safety zones will only be enforced
for the appropriate size for the largest mortar shell used. These zones
are nominal in size and are typically positioned in areas which allow
for transit around the zone. Thus, these zones have an inconsequential
impact

on the majority of waterway users. These zones are also short in
duration and allow waterway users to enter or transit through the zone
when deemed safe by the on-scene patrol commander. Through this action,
the COTP intends to promote the safety of personnel, vessels, and
facilities in the area.

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 Coast Guard bases
this finding on the fact that the safety zones listed will be in place
for a limited period of time and are minimal in duration, and vessel
traffic will be able to transit around the safety zones.

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 received zero comments from the Small Business
Administration on this rule. 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 affects the following
entities, some of which may be small entities: the owners and operators
of vessels intending to operate in the waters covered by the safety
zone while it is in effect. This rule does not have a significant
economic impact on a substantial number of small entities because the
safety zones will be in place for limited periods of time and maritime
traffic will still be able to transit around the safety zones. Maritime
traffic may also request permission to transit through the zones from
the COTP, Puget Sound or a Designated Representative.

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 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
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 determined that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. This rule involves the amendment of safety zones
listed in 33 CFR 165.1332. This rule is categorically excluded from
further review under paragraph 34(g) 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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3707;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. In Sec.  165.1332, amend the table in paragraph (a)(1) by:
0
a. Revising the entries for ``Tacoma Freedom Fair,'' ``City of Renton
Fireworks,'' ``Bainbridge Island Fireworks,'' ``Brewster Fire
Department Fireworks,'' and ``Port Townsend Sunrise Rotary;''and
0
b. Adding entries for ``Port Ludlow Fireworks,'' ``Boston Harbor 4th of
July,'' and ``Everett 4th of July.''
    The revisions and additions read as follows:

Sec.  165.1332  Safety Zones; Annual Fireworks Displays within the
Captain of the Port Puget Sound Zone.

    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
       Event name  (typically)              Event location              Latitude                Longitude
----------------------------------------------------------------------------------------------------------------
Tacoma Freedom Fair..................  Commencement Bay.......  47[deg]17.103' N.......  122[deg]28.410' W

                                                  * * * * * * *
City of Renton Fireworks.............  Renton, Lake Washington  47[deg]30.386' N.......  122[deg]12.502' W

                                                  * * * * * * *
Bainbridge Island Fireworks..........  Eagle Harbor...........  47[deg]37.142' N.......  122[deg]30.397' W

                                                  * * * * * * *
Brewster Fire Department Fireworks...  Brewster...............  48[deg]05.362' N.......  119[deg]47.147' W

                                                  * * * * * * *
Port Townsend Sunrise Rotary.........  Port Townsend..........  48[deg]08.413' N.......  122[deg]45.531' W

                                                  * * * * * * *
Port Ludlow Fireworks................  Port Ludlow............  47[deg]55.161' N.......  122[deg]41.157' W
Boston Harbor 4th of July............  Boston Harbor..........  47[deg]08.626' N.......  122[deg]54.149' W
Everett 4th of July..................  Port Gardner...........  48[deg]00.672' N.......  122[deg]13.391' W
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 24, 2013.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2013-11750 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Page 26918]
[FR Doc No: 2015-11328]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ15-13-000]

Municipal Energy Agency of Mississippi; Notice of Filing

    Take notice that on April 30, 2015, Municipal Energy Agency of
Mississippi submitted its tariff filing per 35.28(e): Revenue
Requirement for Reactive Service to be effective May 1, 2015.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on May 21, 2015.

    Dated: May 1, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-11328 Filed 5-8-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Notices]
[Page 42428-42432]
[DOCID:fr26jy06-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54179; File No. SR-NASDAQ-2006-013]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change to Modify Nasdaq Data Feeds

 July 20, 2006.
    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 June 21, 2006, The NASDAQ Stock Market LLC (``Nasdaq''), 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 Nasdaq. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq is proposing to incorporate data from Nasdaq's INET facility
into Nasdaq TotalView data entitlements and to establish fees for the
use and distribution of those data entitlements. Nasdaq proposes to:
(1) Incorporate the INET ITCH Feed into the TotalView entitlement,
rename the feed TotalView ITCH, and charge TotalView user fees to
TotalView ITCH Feed recipients; (2) add the full depth of Nasdaq Market
Participant quoting of New York Stock Exchange-(``NYSE'') and American
Stock Exchange-(``Amex'') listed stocks into the TotalView entitlement;
(3) establish a modified distributor fee for the TotalView entitlement,
renamed the ``Depth Feed''; (4) establish a modified user fee schedule
for TotalView data; (5) allow for the unlimited, free distribution of
Nasdaq's aggregate best bid and offer quotation for Nasdaq's quoting in
NYSE- and Amex-listed stocks; and (6) charge fees for the receipt and
distribution of individual Nasdaq Market Participants' best bid and
offer in NYSE- and Amex-listed stocks. If approved, Nasdaq states that
it would make this proposal effective at the beginning of the first
full month following the integration of Nasdaq's trading systems into a
single platform.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 53583 (March 31,
2006), 71 FR 19573 (April 14, 2006) (SR-NASDAQ-2006-001).
---------------------------------------------------------------------------

    Below is the text of the proposed rule change. Proposed new
language is italicized and proposed deletions are in [brackets].
* * * * *

7019. Market Data Distributor Fees

    (a) No change.
    (b) The charge to be paid by Distributors of the following Nasdaq
Market Center real time data feeds shall be:

----------------------------------------------------------------------------------------------------------------
                                          Monthly direct        Monthly internal            Monthly external
                                            access fee           distributor fee            distributor fee
----------------------------------------------------------------------------------------------------------------
Issue Specific Data....................  ................  ..........................  $1000 for distribution to
                                                                                50 or fewer subscribers;
                                                           $500 for distribution to    $2,500 for distribution
                                                            10 or fewer subscribers;    to more than 50 and less
                                                                                than or equal to 100
                                                                                subscribers;
Dynamic Intraday.......................            $2,500  $1,000 for distribution to  $4,500 for distribution
                                                            greater than 10             to greater than 100.
                                                            subscribers.
Depth Feed:

    [TotalView]........................
    [OpenView].........................
    Daily..............................              $500  $0........................  $500.
    MFQS...............................
Market Summary Statistics:
    Intraday...........................              $500  $50.......................  $1,500.
Real Time Index........................
----------------------------------------------------------------------------------------------------------------

    A distributor shall pay the higher of either the internal
distributor fee or the external distributor fee but not both.
    (c)-(d) No change.

7023. Nasdaq TotalView

    (a) TotalView Entitlement
    The TotalView entitlement allows a subscriber to see all individual
Nasdaq Market Center participant orders and quotes displayed in the
system as well as the aggregate size of such orders and quotes at each
price level in the execution functionality of the Nasdaq Market Center,
which currently includes Nasdaq, NYSE- and Amex-listed securities. In
the case of Nasdaq listed securities, this entitlement automatically
includes[ing] the NQDS feed [and the Brut System Book Feed].
    (1)(A) Except as provided in (a)(1)(B) and (C), for the TotalView
entitlement there shall be a $75 [70] monthly charge for each
controlled device.
    (B) Except as provided in (a)(1)(C), a non-professional subscriber,
as defined in Rule 7011(b), shall pay $14 per month for each controlled
device.
    (C) As an alternative to (a)(1)(A) and (B), a broker-dealer
distributor may purchase an enterprise license at a rate of $25,000 for
non-professional subscribers or $100,000 per month for both
professional and non-professional subscribers. The enterprise license
entitles a distributor to provide TotalView to an unlimited number of
internal users, whether such users receive the data directly or through
third-party vendors, and external users with whom the firm has a
brokerage relationship. The enterprise license shall not apply to
relevant Level 1 and NQDS fees.
    (2) 30-Day Free-Trial Offer. Nasdaq shall offer all new individual
subscribers and potential new individual subscribers a 30-day waiver of
the user fees for TotalView. This waiver shall not include the
incremental fees assessed for the NQDS-only service [, which are $30
for professional users and $9 for non-professional users per month].
This fee waiver period shall be applied on a rolling basis, determined
by the date on which a new individual subscriber or potential
individual subscriber is first entitled by a distributor to receive
access to TotalView. A distributor may only provide this waiver to a
specific individual subscriber once.
    For the period of the offer, only the TotalView portion of the
TotalView monthly fee [of $40 per professional user and $5 per non-
professional user per month] shall be waived.
    (b) No change.
    (c) OpenView
    (1) The OpenView entitlement package consists of [all] the best bid
and offer quotation from each individual Nasdaq Market Center
participant quoting [quotes and orders] in non-Nasdaq exchange-listed
securities in the system. There shall be a charge of $6 per month per
controlled device for Open View.
    (2) The OpenView Top-of-File (``OpenView TOF'') entitlement package
consists of the Nasdaq aggregate best bid and offer quotation for non-
Nasdaq exchange-listed securities in the system. There shall be no fee
for the distribution of the Open View TOF.
    (d) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    On December 7, 2005, Nasdaq acquired INET ATS, Inc., a registered
broker-dealer and member of the NASD, and operator of the INET ATS
(``INET''). Once purchased by Nasdaq, INET became a facility of a
national securities association. On November 1, 2005, Nasdaq submitted
a proposed rule change to establish rules governing the operation of
this facility.\4\ This proposed rule change was approved by the
Commission on December 7, 2005.\5\ On January 13, 2006, the Commission
issued an order conditionally approving Nasdaq's registration as a
national securities exchange.\6\
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 52723 (November 2,
2005), 70 FR 67513 (November 7, 2005) (proposing SR-NASD-2005-128).
    \5\ Securities Exchange Act Release No. 52902 (December 7,
2005), 70 FR 73810 (December 13, 2005) (approving SR-NASD-2005-128).
    \6\ Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006) (File No. 10-131).
---------------------------------------------------------------------------

    In its proposed rules governing the operation of the INET facility,
Nasdaq stated its intention of ultimately integrating the INET facility
with Nasdaq into a single technology platform that would further
enhance execution quality for system users.\7\ Nasdaq states that, as
part of that process, it must, among other things, have INET distribute
its full depth of its order book via its premium data entitlements,
e.g., TotalView.\8\ Nasdaq states that this step would be completed
when Nasdaq completes the integration of its INET, Brut, and Nasdaq
Market Center trading facilities into a single integrated system--the
``Single Book''--as set forth in SR-NASDAQ-2006-001.\9\
---------------------------------------------------------------------------

    \7\ See supra note 4 at 67522.
    \8\ Id.
    \9\ See supra note 3.
---------------------------------------------------------------------------

    Nasdaq states that Nasdaq TotalView is a comprehensive source of
Nasdaq order and quote information, and provides the greatest level of
transparency into the Nasdaq stock market. Nasdaq states that today,
TotalView provides 23 times the liquidity displayed and nearly 5 times
the orders disseminated by the Nasdaq Quotation Dissemination Service
(``NQDS''). Nasdaq's full depth in NYSE- and Amex-listed stocks
(OpenView) also provides access to 40% more liquidity than the top-of-
file quote quotes provided via the Consolidated Quotation System feed
from the Securities Information Automation

Corporation. If approved, Nasdaq expects the proposed Nasdaq, Brut, and
INET integrated data would represent triple the current level of
liquidity.
Integrating INET Data Into Nasdaq Entitlements
    Nasdaq states that a consequence of this integration is that market
participants would be able to receive real-time information regarding
the orders in INET's order book via two distinct sources. Today,
Nasdaq's TotalView Feed provides information regarding all quotes and
orders in the Nasdaq Market Center for Nasdaq-listed securities
(including, but not limited to, INET orders). Upon the integration of
the INET system, the Nasdaq TotalView entitlement would, if approved,
for the first time include the equivalent quotation information for
NYSE- and Amex-listed securities. Also today, INET separately
disseminates the INET ITCH Feed, which contains information regarding
orders entered into INET. Upon the integration to a single consolidated
platform, the ITCH data feeds (1.0, 2.0, 2.0a, and 3.0) would be re-
named ``TotalView ITCH'' and would contain the equivalent quotes and
orders as those carried by TotalView, albeit in different formats.
Thus, upon integration of Nasdaq's trading systems, the TotalView
Entitlement, would be available in two separate datafeed formats, and
both would contain substantially more data than they do today.
    Because Nasdaq proposes to continue to distribute INET order
information via both the traditional TotalView Feed as well as the
TotalView ITCH Feed and because both would contain identical data,
Nasdaq believes that it is appropriate for it to incorporate the
TotalView ITCH Feed within the TotalView entitlement for fee purposes.
The TotalView entitlement is intended to assess fees for the receipt of
real-time information regarding depth of order book and related
information, regardless of source. While Nasdaq believes it important
to offer market participants the choice to receive INET order book
information via either the existing TotalView Feed or the TotalView
ITCH Feed, it further believes there is no justification to warrant
differential fees based on the method of delivery because the two
methods would provide recipients with the same data.
    Accordingly, Nasdaq proposes to incorporate the TotalView ITCH Feed
into the TotalView entitlement effective upon the completion of the
integration of the Single Book. Nasdaq states that, as of that time,
any recipient of the TotalView ITCH Feeds would need to complete
relevant market data agreements, begin submission of monthly usage
reporting, and pay associated fees. Current recipients of the TotalView
ITCH pay no fees and would be required to pay the TotalView entitlement
fee for the first time. Under this proposal, incremental fees would be
assessed only where a distributor distributes the TotalView ITCH Feeds
in an application or context that does not already distribute TotalView
Entitlements to provide Nasdaq Market Center order book information.
Nasdaq notes that, of the approximately 145 firms currently receiving
the INET ITCH Feeds, many are already TotalView or OpenView
distributors, and thus, for those firms, this rule change would impose
no incremental expense unless their usage is expanded.
Consolidating Total View and OpenView Distribution and User Fees
    Nasdaq offers various data products that firms may purchase and
redistribute either within their own organizations or to outside
parties. Nasdaq assesses ``distributor fees'' that are designed to
encourage broad distribution of the data, and allow Nasdaq to recover
the relatively high fixed costs associated with supporting connectivity
and contractual relationships with distributors. Currently, Nasdaq has
the following approved distributor fees \10\ in place for both
TotalView and OpenView.
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 51814 (June 9,
2005), 70 FR 35151 (June 16, 2005) (approving SR-NASD-2004-185).
---------------------------------------------------------------------------

     TotalView and OpenView Direct Access Fee: $2,500 per month
each.
     TotalView and OpenView Internal Distribution Fee: $1,000
per month each.
     TotalView and OpenView External Distribution Fee: $2,500
per month each.
    Thus, for example, if a firm receives TotalView and OpenView
directly from Nasdaq and distributes the data externally, the firm
currently pays $10,000 per month in distributor fees ($2,500 for direct
access to TotalView, $2,500 for direct access to OpenView, $2,500 to
externally distribute TotalView, and $2,500 to externally distribute
OpenView).
    To promote the continued distribution of full depth data as it
becomes available with the full complement of INET order information,
Nasdaq is proposing to combine the distribution of TotalView and
OpenView data into a single entitlement for distribution purposes.
Specifically, Nasdaq proposes to establish the ``Depth Feed Distributor
Fees,'' a consolidated entitlement with a pricing structure comprised
of three components:
     Depth Feed Direct Access Fee: $2,500 per month for any
organization that receives an intraday Nasdaq market center depth data
product directly from Nasdaq. Nasdaq states that a distributor
receiving this data indirectly via a re-transmission vendor would not
be liable for the Direct Access Fee.
     Depth Feed Internal Distribution Fee: $500 per month for
internal distributors with distribution of TotalView data to 10 or
fewer subscribers; $1000 per month for internal distributors with
distribution of TotalView data to greater than 10 subscribers. Nasdaq
states that, as with the current Internal Distribution Fees, this fee
would be applicable to any organization that receives an intraday
Nasdaq market center depth data product (either directly from Nasdaq or
through a retransmission vendor) and distributes the data solely within
its own organization.
     Depth Feed External Distribution Fee: $1,000 per month for
external distributors distributing TotalView data to 50 or fewer
subscribers; $2,500 per month for external distributors distributing
TotalView data to more than 50 and less than or equal to 100
subscribers; and $4,500 per month for external distributors
distributing TotalView data to more than 100 recipients. Nasdaq states
that, as is the case today, this fee would be applicable to any
organization that receives an intraday Nasdaq market center depth data
product (either directly from Nasdaq or through a retransmission
vendor) and distributes the data outside its own organization.
    Nasdaq states that, under the new schedule, a firm that receives a
TotalView Feed and/or an INET ITCH Feed directly from Nasdaq and
distributes the data externally, would pay a range of $3,500-$7,000 per
month, depending upon the number of end users, a significant reduction
from the currently approved fees. Nasdaq states that the only firms
that would be assessed higher fees would be: (1) distributors of the
TotalView ITCH Feed alone because it is currently free and is proposed
to be fee liable; and (2) firms that currently distribute either
TotalView or OpenView but not both, and distribute that data to more
than 100 subscribers, would have a resulting increase of $2,000 per
month. Nasdaq states that, for that incremental $2,000 per month, those
firms, of which there are currently seventeen, would gain the ability
to distribute both NYSE-/Amex-listed and Nasdaq-listed depth

information to their subscribers where they had previously provided
only one of them.
    Nasdaq states that an organization that receives the Nasdaq Market
Center full depth data directly from Nasdaq would pay the Direct Access
Fee plus the higher of either the Internal Distribution or External
Distribution Fee (but not both). An organization that only receives the
Nasdaq Market Center full depth data indirectly from a retransmission
vendor would pay either the Internal Distribution or External
Distribution fee (but not both). Nasdaq states that, as with past
distributor fee structures, the External Distribution Fee is higher
than the Internal Distribution Fee to reflect the fact that external
distributors typically have broader distribution of the data than
internal distributors.
    Nasdaq believes that lowering the fee for firms that subscribe to
depth feeds would encourage more vendors to take the combination of
both feeds. Additionally, Nasdaq believes that the new structure
spreads the burden of Nasdaq data fees more equitably across the
broader customer base of data distributors and consumers of Nasdaq
market data.
Fee Increased To Recover Costs Of Providing Additional Data
    Nasdaq states that, upon integration of the Single Book, both of
Nasdaq's full depth feeds--TotalView and ITCH--would contain not only
order and quotation information from Nasdaq market participant activity
in Nasdaq-listed securities, but NYSE- and Amex-listed stocks as well.
Upon the full Single Book integration, Nasdaq proposes to integrate the
entitlement for full depth from Nasdaq market participants quoting in
Nasdaq stocks with the full depth from Nasdaq market participants
quoting in NYSE- and Amex-listed stocks, resulting in a single
entitlement to be called TotalView. This single entitlement would cost
$75 per user per month for professional users and $14 per user per
month for non-professional users. Nasdaq states that, in the case of
non-professionals, there is no fee increase on account of this change,
simply an increase in functionality. In the case of professional users,
the TotalView user fee increases by $5, though for those users who
previously subscribed to the TotalView and OpenView entitlements
separately, this amounts to a $1 per user per month discount. Nasdaq
states that only those users that had one of the companion entitlements
without the other would pay more under this proposal.
Distribution of Quotation Information for NYSE and Amex Securities
    To encourage more competition in the trading and quoting of NYSE-
and Amex-listed stocks, as well as to encourage subscribership to
Nasdaq's full-depth products, Nasdaq is proposing Nasdaq Rule
7023(c)(2) to institute a fee waiver for firms wishing to distribute
Nasdaq's aggregate real-time best bid and offer quote for NYSE- and
Amex-listed stocks via the TotalView or TotalView ITCH versions of its
feeds.
    Nasdaq states that, in support of its exchange registration
transition, it is proposing to distribute the best bid and offer from
each Nasdaq market participant quoting in NYSE- and Amex-listed stocks
in real-time. As set forth in Nasdaq Rule 7023(c)(1), Nasdaq proposes a
$6 per user per month price for this product. Nasdaq expects that most
users currently receiving full depth from Nasdaq in NYSE- and Amex-
listed stocks would continue to do so via the TotalView entitlement.
However, for any subscriber currently receiving only this depth data
for NYSE- and Amex-listed stocks (i.e., OpenView data), and not wishing
to also receive the equivalent data for Nasdaq-listed stocks, this
option would allow a user to continue paying at the same rate schedule
for user-fees that they have in the past and the distributor fee
schedule referenced earlier in this filing.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act \11\ in general, and Section
6(b)(4) of the Act \12\ in particular, in that the incorporation of the
TotalView ITCH Feeds into the TotalView entitlement and creating a
unified distributor fee provides for the equitable allocation of
reasonable charges among the persons distributing and purchasing Nasdaq
depth of order book information. Nasdaq states that the proposed
pricing structure would enable it to equitably charge for INET depth of
book information regardless of the manner in which it is received,
continue to provide market participants with choice regarding receipt
of this information, and ease the transition to a single technology
platform. Nasdaq further believes that this rule change would encourage
the broader redistribution of the Nasdaq depth of book information,
thus improving transparency and thereby benefit the investing public.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change would 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

    No written comments were either solicited or received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which Nasdaq consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-013 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-NASDAQ-2006-013. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements

with respect to the proposed rule change that are filed with the
Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room. Copies of such filing also will be
available for inspection and copying at the principal office of Nasdaq.
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-NASDAQ-2006-
013 and should be submitted on or before August 16, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-11925 Filed 7-25-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Proposed Rules]
[Pages 42985-42987]
[FR Doc No: 2022-15333]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0595]
RIN 1625-AA00

Safety Zone; Ironman Michigan, Frankfort Harbor, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Betsie Lake in Frankfort, MI. This action is
necessary to provide for the safety of life on these navigable waters
during the swim portion of an Ironman event on September 11, 2022. This
proposed rulemaking would restrict usage by persons and vessels within
the safety zone. At no time during the effective period may vessels
transit the waters of Betsie Lake in the vicinity of a triangular
shaped race course enclosed by the following three coordinates:
44[deg]37.80' N, -086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22'
W to 44[deg]37.58' N, -086[deg]13.75' W, then back to the starting
point. The race course will be marked by buoys. These restrictions
would apply to all perons and vessels during the effective period
unless authorized by the Captain of the Port Lake Michigan or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 18, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0595 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

    On June 23, 2022, the Coast Guard was notified by the event sponsor
of its intent to host Ironman Michigan in Frankfort, MI on September
11, 2022 from 8:00 a.m. to 10:15 a.m. The swim will begin near
Frankfort Municipal Marina in Betsie Lake. The race course will be
triangular shaped area enclosed by the following coordinates:
44[deg]37.80' N, -086[deg]13.91' W to 44[deg]37.81' N, -086[deg]14.22'
W to 44[deg]37.58' N, -086[deg]13.75' W, then back to the starting
point. The race course will be marked by buoys. The COTP has determined
that potential hazards associated with the triathlon would be

a safety concern for anyone within the safety zone that is not
participating in the triathlon.
    The purpose of this rulemaking is to ensure the safety of person,
vessels and the navigable waters of Betsie Lake, MI. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 6:00 a.m.
through 12:00 a.m. on September 11, 2022. The safety zone will cover
all waters of Betsie Lake in the vicinity of a triangular shaped race
course near Frankfort Municipal Marina in Frankfort, MI. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the triathlon event. No
vessels or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
proposed rule will relatively small and is designed to minimize its
impact on navigable waters. This proposed rule will prohibit entry into
certain navigable waters of Betsie Lake in Frankfort, MI, and it is not
anticipated to exceed 6 hours in duration. Thus, restrictions on vessel
movement within that particular area are expected to be minimal.
Moreover, under certain conditions vessels may still transit through
the safety zone when permitted by the COTP Lake Michigan.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 6 hours that would prohibit entry within a relatively
small portion of Betsie Lake. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0595 to read as follows:

Sec.  165.T09-0595   Safety Zone; Ironman Michigan, Frankfort, MI.

    (a) Location. All waters of Betsie Lake in the vicinity of a
triangular shaped race course enclosed by the following three
coordinates: 44[deg]37.80' N, -086[deg]13.91' W to 44[deg]37.81' N, -
086[deg]14.22' W to 44[deg]37.58' N, -086[deg]13.75' W, then back to
the starting point.
    (b) Enforcement Period. The safety zone described in paragraph (a)
would be effective on September 11, 2022 from 6:00 a.m. through 12:00
p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in section Sec.
165.23, entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
(COTP) or a designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
    (4) Persons and vessel operators desiring to enter or operate
within the safety zone during the marine event must contact the COTP or
an on-scene representative to obtain permission to do so. The COTP or
an on-scene representative may be contacted via VHF Channel 16. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the COTP or an on-scene
representative.

    Dated: July 13, 2022.
Doreen Mccarthy,
Commander, U.S. Coast Guard, Alternant Captain of the Port Lake
Michigan.
[FR Doc. 2022-15333 Filed 7-18-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Notices]
[Pages 29631-29633]
[FR Doc No: 2012-12070]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13287-004]

City of New York; Notice of Scoping Meetings and Environmental
Site Review and Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with Commission and is available for public inspection:
    a. Type of Application: Major project, existing dam.
    b. Project No.: 13287-004.
    c. Date filed: February 29, 2012.
    d. Applicant: City of New York.
    e. Name of Project: Cannonsville Hydroelectric Project.

    f. Location: On the West Branch of the Delaware River, near the
Township of Deposit, Delaware County, New York. The project does not
occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Anthony J. Fiore, Chief of Staff--Operations,
New York City Department of Environmental Protection, 59-17 Junction
Blvd., Flushing, NY 11373-5108,<PHONE_NUMBER> or<EMAIL_ADDRESS>    i. FERC Contact: John Mudre,<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: July 13, 2012.
    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.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener 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. This application is not ready for environmental analysis at this
time.
    l. Project facilities would include: (1) An existing 2,800-foot-
long, 45-foot-wide earthen embankment dam with a crest elevation of
1,175.0 feet above mean sea level; (2) an existing 800-foot-long stone
masonry spillway; (3) an existing 12-mile-long, 4,670-acre impoundment
(Cannonsville Reservoir); (4) four proposed penstocks branching from an
existing 12-foot-diameter intake; (5) a proposed 168-foot-long by 54-
foot-wide powerhouse containing four horizontal shaft Francis
generating units; (6) a proposed tailrace occupying approximately one
acre; (7) a proposed transmission system consisting of a 150-foot-long
underground and 1,200-foot-long overhead 12.47-kilovolt (kV) line, a
substation, and a 460-foot-long overhead 46-kV line; and (8)
appurtenant facilities. The project would have a total installed
capacity of 14.08 megawatts and would generate approximately 42,281
megawatt-hours of electricity annually.
    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. 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/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.
n. Scoping Process
    The Commission intends to prepare an Environmental Assessment (EA)
on the project in accordance with the National Environmental Policy
Act. The EA will consider both site-specific and cumulative
environmental impacts and reasonable alternatives to the proposed
action.

Scoping Meetings

    FERC staff will conduct one agency scoping meeting and one public
meeting. The agency scoping meeting will focus on resource agency and
non-governmental organization (NGO) concerns, while the public scoping
meeting is primarily for public input. All interested individuals,
organizations, and agencies are invited to attend one or both of the
meetings, and to assist the staff in identifying the scope of the
environmental issues that should be analyzed in the EA. The times and
locations of these meetings are as follows:

Agency Scoping Meeting

Date: Wednesday, June 13, 2012.
Time: 1:00 p.m.
Place: Homewood Suites Hotel.
Address: 3603 Vestal Parkway East, Vestal, NY.

Public Scoping Meeting

Date: Wednesday June 13, 2012.
Time: 7:00 p.m.
Place: Walton Veterans Club.
Address: 10 Park Street, Walton, NY.

    Copies of the Scoping Document (SD1) outlining the subject areas to
be addressed in the EA are being distributed to the parties on the
Commission's mailing list and the applicant's distribution list. Copies
of the SD1 will be available at the scoping meeting or may be viewed on
the web at http://www.ferc.gov using the ``eLibrary'' link (see item m
above).

Environmental Site Review

    The Applicant and FERC staff will conduct a project Environmental
Site Review beginning at 10:00 a.m. on Wednesday June 13, 2012. All
interested individuals, organizations, and agencies are invited to
attend. All participants should meet in the parking lot at the
Cannonsville Dam at 10:00 a.m. The dam is located about 4 miles east of
the town of Deposit, New York on State Highway 10. All participants are
responsible for their own transportation to the site. Anyone with
questions about the Environmental Site Review (or needing directions)
should contact Ms. Zinnia Rodriguez at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>Those individuals planning to participate in the
Environmental Site Review should notify Ms. Zinnia of their intent no
later than June 6, 2012.

Objectives

    At the scoping meetings, the staff will: (1) Summarize the
environmental issues tentatively identified for analysis in the EA; (2)
solicit from the meeting participants all available information,
especially quantifiable data, on the resources at issue; (3) encourage
statements from experts and the public on issues that should be
analyzed in the EA, including viewpoints in opposition to, or in
support of, the staff's preliminary views; (4) determine the resource
issues to be addressed in the EA; and (5) identify those issues that
require a detailed analysis, as well as those issues that do not
require a detailed analysis.

Procedures

    The meetings are recorded by a stenographer and become part of the
formal record of the Commission proceeding on the project.
    Individuals, organizations, and agencies with environmental
expertise and concerns are encouraged to attend the meetings and to
assist the staff in defining and clarifying the issues to be addressed
in the EA.

    Dated: May 14, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-12070 Filed 5-17-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices]
[Page 47318-47320]
[DOCID:fr05au10-95]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29374; File No. 812-13807]

GE Asset Management Incorporated and GE Investment Distributors,
Inc.; Notice of Application and Temporary Order

July 30, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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Summary of Application: Applicants have received a temporary order
exempting them from section 9(a) of the Act, with respect to an
injunction entered against General Electric Company (``GE''), Ionics,
Inc. (``Ionics''), and Amersham plc (``Amersham'') on July 30, 2010, by
the United States District Court for the District of Columbia
(``Injunction''), until the Commission takes final action on an
application for a permanent order. Applicants also have applied for a
permanent order.

Applicants: GE Asset Management Incorporated (``GEAM'') and GE
Investment Distributors, Inc. (``GEID'',

collectively with GEAM, the ``Applicants'').\1\
---------------------------------------------------------------------------

    \1\ Applicants request that any relief granted pursuant to the
application also apply to any other company of which GE, Ionics, or
Amersham is or may become an affiliated person (together with the
Applicants, the ``Covered Persons'').

DATES: Filing Dates: The application was filed on July 27, 2010, and
---------------------------------------------------------------------------
amended on July 30, 2010.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving Applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on August 24, 2010, and should be accompanied by proof of service
on Applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants: 3001 Summer Street,
Stamford, CT 06904-7900.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>,
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a temporary order and a
summary of the application. The complete application may be obtained
via the Commission's Web site by searching for the file number, or an
applicant using the Company name box, at http://www.sec.gov/search/
search.htm, or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. GE is a large diversified technology, media, and financial
services company. GEAM, a Delaware corporation, is a direct, wholly-
owned subsidiary of GE. GEAM is registered as an investment adviser
under the Investment Advisers Act of 1940 and serves as investment
adviser to a number of registered investment companies (``Funds''),
including employees' securities companies (``ESCs'').\2\ GEID is,
through GEAM, an indirect, wholly-owned subsidiary of GE. GEID is
registered as a broker-dealer under the Securities Exchange Act of 1934
and is a member of the Financial Industry Regulatory Authority, Inc.
GEID serves as principal underwriter to a number of Funds.
---------------------------------------------------------------------------

    \2\ The ESCs, as defined in section 2(a)(13) of the Act, are
open-end management investment companies registered under the Act
and provide investment opportunities for certain employees,
officers, and directors of GEAM and its affiliates, and other
eligible participants.
---------------------------------------------------------------------------

    2. On July 30, 2010, the United States District Court for the
District of Columbia entered a final judgment, which included the
Injunction, against GE, Ionics, and Amersham (``Judgment'') in a matter
brought by the Commission.\3\ The Commission alleged in the complaint
(``Complaint'') that, from 2000 to 2003, four current subsidiaries of
GE, including Ionics and Amersham, which were both acquired by GE after
the conduct at issue in the Complaint, authorized and made payments in
the form of cash, medical equipment, and services to Iraqi government
ministries through agents on sales of products to Iraq under the United
Nations Oil for Food Program. Without admitting or denying the
allegations in the Complaint, except as to jurisdiction, GE, Ionics,
and Amersham consented to the entry of the Judgment that included,
among other things, the entry of the Injunction. In addition, the
Judgment ordered GE, on behalf of itself, Ionics, and Amersham, to pay
disgorgement in the amount of approximately $18.4 million, plus
prejudgment interest of approximately $4 million, and a civil penalty
of $1 million.
---------------------------------------------------------------------------

    \3\ Securities and Exchange Commission v. General Electric
Company, Final Judgment as to General Electric Company, 1:10-cv-1258
(RWR) (D.D.C. July 30, 2010).
---------------------------------------------------------------------------

Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act, in relevant part, prohibits a person
who has been enjoined from, among other things, engaging in or
continuing any conduct or practice in connection with the purchase or
sale of a security, or in connection with activities as an underwriter,
broker or dealer, from acting, among other things, as an investment
adviser or depositor of any registered investment company or a
principal underwriter for any registered open-end investment company,
registered unit investment trust or registered face-amount certificate
company. Section 9(a)(3) of the Act makes the prohibition in section
9(a)(2) applicable to a company, any affiliated person of which has
been disqualified under the provisions of section 9(a)(2). Section
2(a)(3) of the Act defines ``affiliated person'' to include, among
others, any person directly or indirectly controlling, controlled by,
or under common control with, the other person. Applicants state that
each of GE, Ionics, and Amersham is an affiliated person of each of the
Applicants within the meaning of section 2(a)(3) of the Act. Applicants
state that the entry of the Injunction results in Applicants being
subject to the disqualification provisions of section 9(a) of the Act.
    2. Section 9(c) of the Act provides that the Commission shall grant
an application for exemption from the disqualification provisions of
section 9(a) if it is established that these provisions, as applied to
the applicants, are unduly or disproportionately severe or that the
applicants' conduct has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking a
temporary and permanent order exempting them and other Covered Persons
from the disqualification provisions of section 9(a) of the Act.
    3. Applicants believe they meet the standard for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that the conduct of the Applicants has been such as not to
make it against the public interest or the protection of investors to
grant the exemption from section 9(a).
    4. Applicants state that the alleged conduct giving rise to the
Injunction did not involve either of the Applicants acting in the
capacity of investment adviser, subadviser or depositor for any Fund or
as principal underwriter for any Fund, and no such Funds bought or held
any securities issued by the Covered Persons during the period of
misconduct alleged in the Complaint, other than with respect to index
Funds and certain international Funds holding securities issued by
Amersham prior to its acquisition by GE. Applicants also state that
none of the current or former directors, officers, or employees of the
Applicants had any responsibility for, or involvement in, the violative
conduct alleged in the Complaint. Applicants further state that the
personnel at GE, Ionics, or Amersham who had any responsibility for, or
involvement in, the violations alleged in the Complaint have had no,
and will not have any future, involvement in providing investment
advisory, subadvisory, or underwriting services to the Funds.
    5. Applicants state that their inability to continue to provide
investment advisory, subadvisory and underwriting services to the Funds
would result in potential hardship for the Funds and

their shareholders. Applicants state that they will, as soon as
reasonably practical, distribute written materials, including an offer
to meet in person to discuss the materials, to the boards of directors
of the Funds (``Boards'') for which the Applicants serve as investment
adviser, investment subadviser or principal underwriter, including the
directors who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of such Funds, and their independent legal counsel
as defined in rule 0-1(a)(6) under the Act, relating to the
circumstances that led to the Injunction, any impact on the Funds, and
the application. Applicants state they will provide the Boards with all
information concerning the Judgment and the application that is
necessary for the Funds to fulfill their disclosure and other
obligations under the federal securities laws.
    6. Applicants also state that, if they were barred from providing
services to the Funds, the effect on their businesses and employees
would be severe. Applicants state that they have committed substantial
resources to establishing expertise in providing advisory and
distribution services to Funds. Applicants further state that
prohibiting them from providing such services would not only adversely
affect their businesses, but would also adversely affect about 500
employees who are involved in those activities.
    7. In 2009, GEAM and GEID received an exemption under section 9(c)
as a result of conduct by GE that triggered section 9(a), as described
in greater detail in the application. A predecessor of one of the
Applicants previously received an exemption under section 9(c) as the
result of conduct that triggered section 9(a), as described in greater
detail in the application.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Any temporary exemption granted pursuant to the application shall
be without prejudice to, and shall not limit the Commission's rights in
any manner with respect to, any Commission investigation of, or
administrative proceedings involving or against, Covered Persons,
including, without limitation, the consideration by the Commission of a
permanent exemption from section 9(a) of the Act requested pursuant to
the application or the revocation or removal of any temporary
exemptions granted under the Act in connection with the application.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly,
    It is hereby ordered, pursuant to section 9(c) of the Act, that
GEAM and GEID and any other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), solely with respect to
the Injunction, subject to the condition in the application, from July
30, 2010, until the Commission takes final action on their application
for a permanent order.

    By the Commission.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19244 Filed 8-4-10; 8:45 am]
BILLING CODE 8010-01-P