[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53245-53247]
[FR Doc No: 2013-21063]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0476]
RIN 1625-AA00

Safety Zone; San Diego Bayfair; Mission Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone upon
the navigable waters of Mission Bay in San Diego, CA for the annual San
Diego Bayfair power boat races from September 13, 2013 to September 15,
2013. This temporary safety zone is necessary to provide for the safety
of the participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels would be
prohibited from entering into, transiting through or anchoring within
this safety zone unless authorized by the Captain of the Port or his
designated representative.

DATES: This rule is effective from 7 a.m. to 5:30 p.m. on September 13,
2013 to September 15, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0476]. 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 Lieutenant John Bannon, Waterways Management, U.S. Coast
Guard Sector San Diego; telephone<PHONE_NUMBER>, 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

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule after
publishing a Notice of Proposed Rulemaking (NPRM) on July 15, 2013 (78
FR 42027). The Coast Guard received no comments on the NPRM and as
such, no changes have been made to this safety zone.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is impracticable and
contrary to the public interest. The Coast Guard did not have the
necessary event information about this boat race in time to provide
both a comment period and allow for a 30 day delayed effective date.
The Coast Guard was able to take comments on this safety zone prior to
publication and enforcement. Immediate action is required to ensure the
safety zone is in place to protect participants, crew, spectators,
participating vessels, and other vessels and users of the waterway
during the event.

B. Basis and Purpose

    The Ports and Waterways Safety Act gives the Coast Guard authority
to create and enforce safety zones. The Coast Guard is establishing a
temporary safety zone on the navigable waters of Mission Bay for the
2013 San Diego Bayfair power boat races. This event will occur between
7 a.m. and 5:30 p.m. on September 13 to September 15, 2013.
    The safety zone includes the waters of Mission Bay bound by the
following coordinates:

32[deg]47'32'' N, 117[deg]13'25'' W to 32[deg]47'32'' N,
117[deg]13'00'' W to 32[deg]47' 20'' N, 117[deg]13'00'' W then west
to 32[deg]46'45'' N, 117[deg]14'09'' W to 32[deg]46' 11'' N,
117[deg]14'01'' W.

    This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels would be
prohibited from entering into, transiting through or anchoring within
this safety zone unless authorized by the Captain of the Port or his
designated representative.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 0 comments on the NPRM for this rule, and
as such, no changes have been made to the final rule.
    The Coast Guard is establishing a temporary safety zone on the
navigable waters of Mission Bay for the 2013 San Diego Bayfair power
boat races. This event will occur between 7 a.m. and 5:30 p.m. on
September 13, 2013 to September 15, 2013. This safety zone is necessary
to provide for the safety of the participants, crew, spectators,
participating vessels, and other vessels and users of the waterway.
Persons and vessels would be prohibited from entering into, transiting
through or anchoring within this safety zone unless authorized by the
Captain of the Port or his designated representative. The temporary
safety zone includes a portion of the navigable waters of Mission Bay.
    Before the effective period, the Coast Guard will publish a Coast
Guard District Eleven Local Notice to Mariners information on the event
and associated safety zone. Immediately before and during the event,
Coast Guard Sector San Diego Joint Harbor Operations

Center will issue a Broad cast Notice to mariners on the location and
enforcement of the safety zone.
    Vessels will be able to transit the surrounding area and may be
authorize to transit through the safety zone with the permission of the
Captain of the Port or the designated representative. Before activating
the zones, the Coast Guard will notify mariners by appropriate means
including but not limited to Local Notice to Mariners and Broadcast
Notice to Mariners.

D. Regulatory Analyses

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

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. This determination is
based on the size and location of the safety zone. The safety zone is
relatively small in size, an annual occurrence and traffic can
circumvent the racing location. Persons and vessels would be prohibited
from entering into, transiting through or anchoring within this safety
zone unless authorized by the Captain of the Port or his designated
representative. Additionally, before the effective period, the Coast
Guard will publish a Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    (1) This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of the waters of Mission Bay in San
Diego, California from 7 a.m. to 5:30 p.m. on September 13, 2013 to
September 15, 2013.
    (2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons.
Although the safety zone would apply to a main portion of the navigable
waters of Mission Bay, traffic would be allowed to pass through the
safety zone with the permission of the Coast Guard patrol commander and
the safety zone will collapse once the last races have concluded.
Before the effective period, the Coast Guard will publish a Local
Notice to Mariners.

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
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 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 establishment of a temporary safety
zone. 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.

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 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. Chapter 701, 3306, 3703; 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. Add Sec.  165.T11-586 to read as follows:

Sec.  165.T11-586  Safety Zone; San Diego Bayfair; Mission Bay, San
Diego, CA.

    (a) Location. This temporary safety zone includes the waters of
Mission Bay bound by the following coordinates: 32[deg]47'32'' N,
117[deg]13'25'' W to 32[deg]47'32'' N, 117[deg]13'00'' W to 32[deg]47'
20'' N, 117[deg]13'00'' W then west to 32[deg]46'45'' N,
117[deg]14'09'' W to 32[deg]46' 11'' N, 117[deg]14'01'' W.
    (b) Enforcement Period. This section will be enforced from 7 a.m.
to 5:30 p.m. on September 13, 2013 to September 15, 2013. Before the
effective period, the Coast Guard will publish a Local Notice to
Mariners (LNM). If the event concludes prior to the scheduled
termination time, the Captain of the Port will cease enforcement of
this safety zone and will announce that fact via Broadcast Notice to
Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 22A.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: August 15, 2013.
J. A. Janszen,
Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego.
[FR Doc. 2013-21063 Filed 8-28-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 26, 2010 (Volume 75, Number 38)]
[Notices]
[Page 8970-8971]
[DOCID:fr26fe10-75]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0391]

Guidance for Industry on Submission of Documentation in
Applications for Parametric Release of Human and Veterinary Drug
Products Terminally Sterilized by Moist Heat Processes; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry entitled ``Submission of
Documentation in Applications for Parametric Release of Human and
Veterinary Drug Products Terminally Sterilized by Moist Heat
Processes.'' This guidance provides recommendations to applicants on
information to include in support of parametric release for sterile
products terminally sterilized by moist heat when submitting a new drug
application (NDA), abbreviated new drug application (ANDA), new animal
drug application (NADA), abbreviated new animal drug application
(ANADA), or biologics license application (BLA).

DATES: Submit written or electronic comments on agency guidances at any
time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 2201, Silver Spring, MD 20993-0002; the Communications Staff
(HFV-12), Center for Veterinary Medicine, 7519 Standish Pl., Rockville,
MD 20855; the Office of Communication, Outreach and Development (HFM-
40), Center for Biologics Evaluation and Research (CBER), 1401
Rockville Pike, Rockville, MD 20852-1448. Send one self-addressed
adhesive label to assist that office in processing your requests. The
guidance may also be obtained by mail by calling CBER at 1-800-835-4709
or<PHONE_NUMBER>. Submit written comments on the guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
comments to http://www.regulations.gov. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:
    Marla Stevens-Riley, Center for Drug Evaluation and Research (HFD-
600), Food and Drug Administration, 7500 Standish Pl., Rockville, MD
20855,<PHONE_NUMBER>, or
    Stephen Ripley, Center for Biologics Evaluation and Research (HFM-
17), Food and Drug Administration, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852,<PHONE_NUMBER>; or
    Mai Huynh, Center for Veterinary Medicine (HFV-142), Food and Drug
Administration, 7500 Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Submission of Documentation in Applications for Parametric
Release of Human and Veterinary Drug Products Terminally Sterilized by
Moist Heat Processes.'' The guidance addresses the information that
should be submitted in an NDA, ANDA, NADA, ANADA, or BLA in support of
parametric release for sterile products terminally sterilized by moist
heat.
    ``Parametric release'' is defined as a sterility assurance release
program where demonstrated control of the sterilization process enables
a firm to use defined critical process controls, in lieu of the
sterility test, to fulfill the intent of 21 CFR 211.167(a). Under this
strategy, market release of terminally sterilized products can be based
upon meeting the defined sterilization parameters and not on performing
an approved sterility test. Meeting the requirements of the parametric
release process can provide greater assurance that a batch meets the
sterility requirement than can be achieved with a sterility test of
finished units drawn from the batch.
    Parametric release allows manufacturers to replace sterility
testing of samples drawn from the finished product as a release
criterion with acceptance criteria for the control of identified
process parameters. Parametric release of the batch is then based on
documented evidence of the control of critical parameters, removing the
need for testing of samples drawn from the finished product.
    An application to FDA is required to obtain approval for parametric
release. The approval of parametric release is based on an assessment
of the applicant's proposed critical process parameters and how they
are controlled. Demonstrated reliability of the production terminal
sterilization cycle, microbiological control and monitoring, and
control of production cycle parameters within established validated
limits is part of this assessment. FDA conducts scientific evaluation
of the parametric release program as part of a cooperative effort
between FDA product reviewers and the compliance program.

    On August 5, 2008 (73 FR 45454), FDA announced the availability of
the draft version of this guidance. The public comment period closed on
October 6, 2008. A number of comments were received, which the agency
considered carefully as it finalized the guidance and made appropriate
changes. Most of the changes to the guidance were made to clarify
statements in the draft guidance.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). This guidance represents the
agency's current thinking on inclusion of recommended information to
support applications for parametric release of human and veterinary
drug products terminally sterilized by moist heat processes. It does
not create or confer any rights for or on any person and does not
operate to bind FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.

II. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collection of information requested in the guidance is covered under
FDA regulations at 21 CFR 314.50, 314.70, and 314.81(b)(2) for human
drugs; 21 CFR 514.1, 514.8, 514.8(b)(4) and (c) for animal drugs; and
21 CFR 601.2 and 601.12 for biologics. The collection of information is
approved under the following OMB control numbers: 0910-0001 for human
drugs, 0910-0600 for animal drugs, and 0910-0338 for biologics.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/
GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://
www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/default.htm, or http://
www.regulations.gov.

    Dated: February 22, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-3978 Filed 2-25-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Page 29809]
[FR Doc No: 2017-13197]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0409; FRL-9955-66-Region 9]

Approval of California Air Plan Revisions, Great Basin Unified
Air Pollution Control District and Town of Mammoth Lakes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Great Basin Unified Air Pollution Control
District (GBUAPCD) and the Town of Mammoth Lakes portion of the
California State Implementation Plan (SIP). These revisions concern
particulate matter (PM) emissions from wood burning devices and road
dust in the Town of Mammoth Lakes. We are proposing to approve local
rules to regulate these emission sources under the Clean Air Act (CAA
or the Act).

DATES: Any comments on this proposal must arrive by July 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0409 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA. This proposal addresses the following local
rules:
     GBUAPCD Rule 431, Particulate Matter (except paragraphs M
and N).
     Town of Mammoth Lakes Municipal Code Chapter 8.30,
Particulate Emissions Regulations (except paragraphs 8.30.110 and
8.30.120).
    In the Rules and Regulations section of this Federal Register, we
are approving these local rules in a direct final action without prior
proposal because we believe these SIP revisions are not controversial.
If we receive adverse comments, however, we will publish a timely
withdrawal of the direct final rule and address the comments in
subsequent action based on this proposed rule. Please note that if we
receive adverse comment on a particular rule, we may adopt as final the
rule that is not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: November 14, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Editorial note: This document was received for publication by
the Office of the Federal Register on June 20, 2017.
[FR Doc. 2017-13197 Filed 6-29-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Page 6614]
[FR Doc No: 2011-2632]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2765-000]

Elk Wind Energy, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

January 31, 2011.
    This is a supplemental notice in the above-referenced proceeding of
Elk Wind Energy, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 22, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2632 Filed 2-4-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Notices]
[Page 9810-9812]
[DOCID:fr05mr07-91]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55351; File No. SR-NASD-2005-146]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Amendment No. 3 to and Order
Granting Accelerated Approval of a Proposed Rule Change as Modified by
Amendment Nos. 2 and 3 Thereto To Expand the Scope of IM-2110-2
Relating To Trading Ahead of Customer Limit Orders To Apply to All OTC
Equity Securities

February 26, 2007.

I. Introduction

    On December 9, 2005, the National Association of Securities
Dealers, Inc. (``NASD'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to expand the scope of NASD
Interpretive Material (``IM'') 2110-2, Trading Ahead of Customer Limit
Order (``IM-2110-2'', which is commonly referred to as the ``Manning
Rule''), and any interpretive guidance thereunder, to include over-the-
counter (``OTC'') equity securities.\3\ On September 26, 2006, NASD
filed Amendment No. 1 to the proposed rule change, and on October 19,
2006, NASD filed Amendment No. 2 to the proposed rule change.\4\ The
proposed rule change, as amended, was published for comment in the
Federal Register on November 9, 2006.\5\ The Commission received one
comment letter on the proposal, which supported the proposal.\6\ On
February 6, 2007, the Exchange filed Amendment No. 3 to the proposed
rule change.\7\ This order provides notice of Amendment No. 3 to the
proposed rule change and approves the proposed rule change as modified
by Amendment Nos. 2 and 3 on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See NASD Rule 6610(d) (defining ``OTC Equity Security'').
    \4\ Amendment No. 1 replaced and superseded the original filing
in its entirety and Amendment No. 2 replaced and superseded
Amendment No. 1 in its entirety.
    \5\ See Securities Exchange Act Release No. 54705 (November 3,
2006), 71 FR 65863 (``Notice'').
    \6\ See Letter from Shane E. Swanson, Director of Compliance,
Automated Trading Desk, LLC, to Nancy M. Morris, Secretary,
Commission, dated December 29, 2006. Although this letter was not
submitted in response to SR-NASD-2005-146, the letter referred to
the instant filing and expressed support for NASD's proposal to
require the lesser of $0.01 or \1/2\ the spread of price improvement
with respect to the implementation of Manning Rule protection to
orders priced below $1.00.
    \7\ The text of Amendment No. 3 is available at NASD, the
Commission's Public Reference Room, and http://www.nasd.com.

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

II. Description of the Proposal

    NASD's Manning Rule generally prohibits an NASD member from trading
for its own account in an exchange-listed security at a price that is
equal to or better than an unexecuted customer limit order in that
security, unless the member immediately thereafter executes the
customer limit order at the price at which it traded for its own
account or better. The legal underpinnings for the Manning Rule are a
member's fiduciary obligations and the requirement that a member must,
in the conduct of its business, ``observe high standards of commercial
honor and just and equitable principles of trade.'' \8\ IM-2110-2
currently applies to exchange-listed securities, \9\ but does not apply
to OTC equity securities.
---------------------------------------------------------------------------

    \8\ See NASD Rule 2110.
    \9\ See Securities Exchange Act Release No. 52210 (August 4,
2005), 70 FR 46897 (August 11, 2005) (SR-NASD-2004-089) (approving
the expansion of IM-2110-2, which previously applied only to Nasdaq
securities, to exchange-listed securities). See also NASD Notice to
Members 05-64 (October 2005) (announcing Commission approval of the
amendments to IM-2110-2, which became effective on January 2, 2006).
---------------------------------------------------------------------------

    NASD Rule 6541 extends the general principles of the Manning Rule
to a subset of OTC equity securities--specifically, those equity
securities that are quoted on NASD's OTC Bulletin Board (``OTCBB'').
NASD Rule 6541, however, differs from IM-2110-2 in

several respects.\10\ For example, while IM-2110-2 and NASD Rule 6541
both provide that a member is not deemed to have traded ahead of a
customer limit order if the member provides a contemporaneous execution
of the customer's order, the two rules differ in how they define
``contemporaneous.'' \11\ Other differences include the fact that NASD
Rule 6541 applies a lower threshold requirement on the value of large-
size limit orders for which a member can negotiate specific terms and
conditions applicable to the acceptance of such orders \12\ and IM-
2110-2 excludes marketable limit orders, whereas NASD Rule 6541
provides no such exclusion. In addition, IM-2110-2 generally is
applicable from 9:30 a.m. to 6:30 p.m. Eastern Time, whereas NASD Rule
6541 applies only from 9:30 a.m. to 4 p.m. Eastern Time. IM-2110-2 and
NASD Rule 6541 also differ in the minimum level of price-improvement
that a member must provide to trade ahead of an unexecuted customer
limit order;\13\ and NASD Rule 6541 does not require, as IM-2110-2
does, that a member that has traded ahead of a customer limit order at
a price that is more favorable than the customer limit order price pass
along that price improvement to the customer limit order.\14\
---------------------------------------------------------------------------

    \10\ See Notice, supra note 5 (for a detailed discussion of the
differences between NASD Rule 6541 and IM-2110-2).
    \11\ For the purposes of IM-2110-2, contemporaneous has been
interpreted to require execution as soon as possible, but absent
reasonable and documented justification, within one minute. See NASD
Notices to Members 95-67 (August 1995) and 98-78 (September 1998).
In contrast, NASD Rule 6541(d) provides that the contemporaneous
execution should occur as soon as practicable, but in no event more
than five minutes after the member has traded at a price superior to
the held customer limit order. See NASD Notice to Members 01-46
(July 2001).
    \12\ Specifically, NASD Rule 6541(c) only requires that an order
be 10,000 shares or more and greater than $20,000 in value, while
IM-2110-2 requires that an order be 10,000 shares or more and
greater than $100,000 in value.
    \13\ Specifically, the price-improvement standard currently set
forth in IM-2110-2 provides that, where a member is holding a
customer limit order priced at or inside the inside market displayed
in Nasdaq, the member may execute an incoming order on a proprietary
basis without being obligated to execute the customer limit order if
the member executes the incoming order at least $0.01 better than
the price of the customer limit order. Further, if the customer
limit order is priced outside the inside market displayed in Nasdaq,
then the member must execute the incoming order at the next superior
minimum quotation increment permitted by Nasdaq (currently $0.01).
In contrast, NASD Rule 6541 provides that if the customer limit
order is priced at or inside the current inside market, the price
improvement is a minimum of the lesser of $0.01 or one-half (\1/2\)
of the current inside spread.
    \14\ See Securities Exchange Act Release No. 52210 (August 4,
2005), 70 FR 46897 (August 11, 2005) (SR-NASD-2004-089). See also
NASD Notice to Members 05-64 (October 2005).
---------------------------------------------------------------------------

    In support of its proposal, NASD stated its belief that the
distinctions in application between NASD Rule 6541 and IM-2110-2 no
longer make sense, and that customer limit orders in OTC equity
securities and NMS stocks should be subject to the same order handling
and customer protection requirements under the Manning Rule.\15\
Accordingly, NASD proposes to expand the scope of IM-2110-2 and any
interpretive guidance thereunder to include all OTC equity
securities.\16\ In addition, NASD proposes to adopt new standards
relating to the minimum amount of price improvement necessary in order
for a member to execute an incoming order on a proprietary basis when
holding an unexecuted limit order in that same security and not be
required to execute the held limit order. Specifically, for customer
limit orders priced greater than or equal to $1.00 that are at or
inside the best inside market, the minimum amount of price improvement
required would be $0.01, and for customer limit orders priced less than
$1.00 that are at or inside the best inside market, the minimum amount
of price improvement required would be the lesser of $0.01 or one-half
(\1/2\) of the current inside spread. Subsequently, in light of the
proposed expansion of IM-2110-2 to cover OTC equity securities, NASD
proposes to repeal NASD Rule 6541.
---------------------------------------------------------------------------

    \15\ See Notice, supra note 5, at 71 FR 65865.
    \16\ NASD states that the term ``OTC equity securities'' does
not include options. See NASD Rule 6610(d) (defining OTC equity
security as any non-exchange-listed security and certain exchange-
listed securities that do not otherwise qualify for real-time trade
reporting).
---------------------------------------------------------------------------

    NASD also proposes to delete the obsolete provisions in IM-2110-2
that prescribe the minimum level of price-improvement for securities
trading in non-decimalized fractions since equity securities no longer
trade in fractions. In addition, NASD proposes to delete obsolete
references in IM-2110-2, which limit portions of the Manning Rule's
applicability to Nasdaq-listed securities. Finally, given that the
definition of ``NMS stock'' in Rule 600(b)(47) of Regulation NMS \17\
substantially covers all stocks listed on a national securities
exchange, the proposal would replace references to the term ``exchange-
listed security'' in IM-2110-2 with the term ``NMS stock.''
---------------------------------------------------------------------------

    \17\ 17 CFR 242.600(b)(47).
---------------------------------------------------------------------------

    The proposal would be subject to delayed effectiveness. In
particular, as proposed in the Notice, NASD would announce the
effective date of the proposed rule change in a Notice to Members to be
published no later than 60 days following Commission approval of this
proposal. In recognition of the technological and systems changes the
proposed rule change may require, NASD has noted that it will set the
effective date of the amendments contained in this proposed rule change
at 90 days following publication of the Notice to Members announcing
Commission approval of this filing.

III. Discussion and Commission Findings

    The Commission has reviewed carefully the proposed rule change and
the comment letter and finds that the proposed rule change is
consistent with the Act and the rules and regulations thereunder
applicable to a national securities association, including the
provisions of Section 15A(b)(6) of the Act,\18\ which requires, among
other things, that NASD rules be designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in regulating, clearing, settling, processing
transactions in securities, and, in general, to protect investors and
the public interest.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78o-3(b)(6).
    \19\ In approving this proposed rule change, as amended, the
Commission notes that it has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    Currently, IM-2110-2 prohibits an NASD member from trading for its
own account in an exchange-listed security at a price that is equal to
or better than an unexecuted customer limit order in that security,
unless the member immediately thereafter executes the customer limit
order at the price at which it traded for its own account or better.
NASD Rule 6541 extends the general principles of IM-2110-2 to those OTC
equity securities that are quoted on the OTCBB. As discussed above,
NASD Rule 6541, however, differs from IM-2110-2 in several respects,
including the applicable trading hours, time limits for
``contemporaneous'' executions, and the threshold for individually-
negotiable large-size orders. NASD's proposal would revise IM-2110-2 to
include OTC equity securities. The Commission believes that NASD's
proposal to apply the Manning Rule's limit order protection
requirements uniformly to NMS stocks and OTC equity securities is
appropriate and should benefit customers who submit limit orders for
OTC equity securities.
    NASD also proposes to amend the provisions relating to the amount
of price-improvement necessary in order

for a member to execute an incoming order on a proprietary basis when
holding an unexecuted customer limit order in that same security. The
proposal would revise and make uniform the minimum price-improvement
standards for all NMS stocks and OTC equity securities.\20\ With
respect to the minimum level of price-improvement that a member must
provide in order to trade ahead of an unexecuted customer limit
order,\21\ NASD proposes that, for customer limit orders priced greater
than or equal to $1.00 that are at or inside the inside market, the
minimum amount of price improvement required would be $0.01. For
customer limit orders priced less than $1.00 that are at or inside the
inside market, the minimum amount of price improvement required would
be the lesser of $0.01 or one-half (\1/2\) of the current inside
spread. For customer limit orders priced outside the inside market, the
member would be required to execute the incoming order at a price at or
inside the inside market for the security. Lastly, for customer limit
orders in securities for which there is no published inside market, the
minimum amount of price improvement required is $0.01. The Commission
believes that the proposed uniform price improvement standards are
appropriate and reasonably designed to protect customer limit orders in
both NMS stocks and OTC equity securities. The Commission also believes
that the proposal is reasonably designed to remove obsolete references
to price improvement standards in non-decimalized fractions, as well as
references to portions of the Manning Rule that were formerly
applicable only to securities quoted on Nasdaq.
---------------------------------------------------------------------------

    \20\ NASD also proposes to delete the provisions in IM-2110-2
that prescribe the minimum level of price-improvement for securities
trading in non-decimalized fractions since equity securities no
longer trade in fractions. In addition, NASD proposes to delete
references in IM-2110-2, which limit portions of the Manning Rule's
applicability to Nasdaq-listed securities.
    \21\ The Manning Rule provides that a member is not deemed to
have traded ahead of a customer limit order if the member provides a
contemporaneous execution of the customer's order.
---------------------------------------------------------------------------

    For the reasons described above, the Commission believes that
NASD's proposed rule change promotes the protection of investors and
the public interest by expanding the scope of IM-2110-2 to apply to NMS
stocks and OTC equity securities. Further, in expanding the application
of Manning obligations under IM-2110-2 to include OTC equity securities
and establishing uniform standards for both NMS stocks and OTC equity
securities, the Commission believes that the proposal will enhance the
opportunity for investors to receive superior-priced limit order
executions in OTC equity securities.
    NASD has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after the
date of publication of notice of Amendment No. 3 in the Federal
Register. In Amendment No. 3, NASD requested that the Commission grant
permanent approval of the price-improvement standards for decimalized
securities contained in IM-2110-2 that currently apply on a pilot
basis.\22\ The Commission notes that the proposal, as modified by
Amendment No. 2, was published for notice and comment,\23\ and that the
Commission received one comment letter in support of the proposal.\24\
Amendment No. 3 simply seeks to clarify the status of the provision of
IM-2110-2 concerning price improvement standards for decimalized
securities, which is proposed to be amended as part of the instant
proposed rule change. The Commission believes that permanent approval
of the pilot is appropriate because the minimum price improvement
standards, including the revisions contained in the instant proposed
rule change, are reasonably designed to protect customer limit orders
in both NMS stocks and OTC equity securities. In addition, the
Commission does not believe that Amendment No. 3 raises any new or
novel issues. Based on the above, the Commission finds good cause to
accelerate approval of the proposed rule change, as modified by
Amendment Nos. 2 and 3.
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 44165 (April 6,
2001), 66 FR 19268 (April 13, 2001) (SR-NASD-2001-27). See also
Securities Exchange Act Release No. 54953 (December 18, 2006), 71 FR
77429 (December 26, 2006) (SR-NASD-2006-134) (extending the pilot
until June 30, 2007).
    \23\ See Notice, supra note 5.
    \24\ See supra note 6 (citing to the comment letter).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2005-146 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2005-146. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of NASD. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASD-2005-146 and should be submitted on or before March 26, 2007.

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\25\ that the proposed rule change (SR-NASD-2005-146), as modified
by Amendment Nos. 2 and 3, be, and hereby is, approved on an
accelerated basis.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3748 Filed 3-2-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Notices]
[Pages 52669-52670]
[FR Doc No: 2021-20459]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2343-087]

PE Hydro Generation, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Recreation Plan Update.
    b. Project No: 2343-087.
    c. Date Filed: August 23, 2021.
    d. Applicant: PE Hydro Generation, LLC.
    e. Name of Project: Millville Hydroelectric Project.
    f. Location: The project is located on the Shenandoah River in
Jefferson County, West Virginia and does not occupy federal lands.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Joyce Foster, PE Hydro Generation, LLC, Two
Bethesda Metro Center, Suite 1330, Bethesda, MD 20814; telephone (804)
338-5110; or email<EMAIL_ADDRESS>    i. FERC Contact: Mark Ivy,<PHONE_NUMBER>, or<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 15, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2343-087. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee filed a Recreation Plan
updated to reflect recently completed recreation enhancements and
modifications to operations and maintenance of recreation facilities.
The Recreation Plan includes a description of the recreation facilities
available at each project recreation site and indicates that existing
facilities are adequate to meet current and future recreation demand at
the project.
    l. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: September 15, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-20459 Filed 9-21-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40811-40812]
[FR Doc No: 2023-13266]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-214-000]

Columbia Gas Transmission, L.L.C.; Notice of Schedule for the
Preparation of an Environmental Assessment for the Greenwood and North
Greenwood Storage Fields Abandonment Project

    On April 21, 2023, Columbia Gas Transmission, L.L.C. (Columbia)
filed an application in Docket No. CP23-214-000 requesting an
Authorization pursuant to section 7(b) of the Natural Gas Act to
abandon certain natural gas pipeline facilities. The proposed project
is known as the Greenwood and North Greenwood Storage Fields
Abandonment Project (Project) and would authorize Columbia to abandon

all active pipelines, facilities, and appurtenances at the Greenwood
and North Greenwood Storage Fields. According to Columbia, the
abandonment of these facilities would reduce future integrity risks at
the fields and the overall safety risk to its system.
    On May 5, 2023, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
---------------------------------------------------------------------------

    \1\ 40 CFR 1501.10 (2020)
---------------------------------------------------------------------------

Schedule for Environmental Review

Issuance of EA--October 27, 2023
90-day Federal Authorization Decision Deadline \2\--January 25, 2024
---------------------------------------------------------------------------

    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    Columbia proposes to abandon its Greenwood and North Greenwood
Storage Fields, including all active associated pipelines, facilities,
and appurtenances, in Steuben County, New York. The Project would
consist of the abandonment of eight wells, three miles of storage
lines, one compressor station, and associated appurtenances.
Abandonment of the proposed facilities would temporarily disturb about
25.8 acres of land. This includes about 15.5 acres of existing
easements, 3.8 acres of existing access roads, 3.6 acres of existing
facility space, and 2.8 acres of temporary workspaces.

Background

    On May 15, 2023, the Commission issued a Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed Greenwood
and North Greenwood Storage Fields Abandonment Project (Notice of
Scoping). The Notice of Scoping was sent to affected landowners;
federal, state, and local government agencies; elected officials;
environmental and public interest groups; Native American tribes; other
interested parties; and local libraries and newspapers. In response to
the Notice of Scoping, the Commission received comments from the New
York State Department of Environmental Conservation. The primary issues
raised by the commenter are facilities abandonment procedures, air
quality, threatened and endangered species, and state permits. All
substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP23-214), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 15, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-13266 Filed 6-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Pages 61115-61117]
[FR Doc No: 2014-24101]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73298; File No. TP 14-13]

Order Granting Limited Exemptions From Exchange Act Rule 10b-17
and Rules 101 and 102 of Regulation M to ProShares Morningstar
Alternatives Solution ETF Pursuant to Exchange Act Rule 10b-17(b)(2)
and Rules 101(d) and 102(e) of Regulation M

October 3, 2014.
    By letter dated October 3, 2014 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for ProShares Trust (the ``Trust'') on behalf of the Trust,
ProShares Morningstar Alternatives Solution ETF (the ``Fund''), any
national securities exchange on or through which shares issued by the
Fund (``Shares'') are listed or may subsequently trade, SEI Investments
Distribution Co., and other persons or entities engaging in
transactions in Shares (collectively, the ``Requestors'') requested
exemptions, or interpretive or no-action relief, from Rule 10b-17 of
the Securities Exchange Act of 1934, as amended (``Exchange Act''), and
Rules 101 and 102 of Regulation M, in connection with secondary market
transactions in Shares and the creation or redemption of aggregations
of Shares of at least 10,000 shares (``Creation Units'').
    The Trust is registered with the Commission under the Investment
Company Act of 1940, as amended (``1940 Act''), as an open-end
management investment company. The Fund will seek results that
correspond generally to the return (before the Fund's fees and
expenses) of the Morningstar Alternatives Index (the ``Index''). The
Index is designed to provide diversified exposure to alternative asset
classes with the goal of enhancing risk adjusted portfolio returns when
combined with a range of traditional investments. The Index allocates
among a comprehensive set of alternative ETFs sponsored or advised by
the Fund's adviser or its affiliates that employ alternative and non-
traditional strategies such as long/short, market neutral, managed
futures, hedge fund replication, private equity, infrastructure or
inflation-related investments. The maximum allocation to any particular
ETF or exchange-traded commodity pool (``ETCP'') is 30%. The Fund
intends to operate as an ``ETF of ETFs'' by seeking to track the
performance of its Index through investing at least 80% of its total
assets in the ETFs and ETCPs that comprise its

Index. Except for the fact that the Fund will operate as an ETF of
ETFs, the Fund will operate in a manner substantially identical to the
ETFs that are included in the Index.
    The Requestors represent, among other things, the following:
     Shares of the Fund will be issued by the Trust, an open-
end management investment company that is registered with the
Commission;
     The Trust will continuously redeem Creation Units at net
asset value (``NAV'') and the secondary market price of the Shares
should not vary substantially from the NAV of such Shares;
     Shares of the Fund will be listed and traded on NYSE Arca,
Inc. or other exchange in accordance with exchange listing standards
that are, or will become, effective pursuant to Section 19(b) of the
Exchange Act (the ``Exchange''); \1\
---------------------------------------------------------------------------

    \1\ Further, the Letter states that should the Shares also trade
on a market pursuant to unlisted trading privileges, such trading
will be conducted pursuant to self-regulatory organization rules
that are effective pursuant to Section 19(b) of the Exchange Act.
---------------------------------------------------------------------------

     All ETFs in which the Fund is invested will meet all
conditions set forth in a relevant class relief letter,\2\ will have
received individual relief from the Commission, or can rely on
individual relief even though they are not named parties (for example,
a no-action letter); \3\
---------------------------------------------------------------------------

    \2\ Exchange Act Rel. No. 67215 (Jun. 19, 2012); 77 FR 37941
(Jun. 25, 2012); Letter from Catherine McGuire, Esq., Chief Counsel,
Division of Market Regulation, to the Securities Industry
Association Derivative Products Committee (November 21, 2005);
Letter from Racquel L. Russell, Branch Chief, Division of Market
Regulation, to George T. Simon, Esq., Foley & Lardner LLP (June 21,
2006); Letter from James A. Brigagliano, Acting Associate Director,
Division of Market Regulation, to Stuart M. Strauss, Esq., Clifford
Chance US LLP (October 24, 2006); Letter from James A. Brigagliano,
Associate Director, Division of Market Regulation, to Benjamin
Haskin, Esq., Willkie. Farr & Gallagher LLP (April 9, 2007); or
Letter from Josephine Tao, Assistant Director, Division of Trading
and Markets, to Domenick Pugliese, Esq., Paul, Hastings, Janofsky
and Walker LLP (June 27, 2007). See also Staff Legal Bulletin No. 9,
``Frequently Asked Questions About Regulation M'' (Apr. 12, 2002)
(regarding actively-managed ETFs).
    \3\ See, e.g., Letter from James A. Brigagliano, Associate
Director, Division of Market Regulation, to Kathleen H. Moriarty,
Carter, Ledyard & Milburn, dated January 24, 2007 (with respect to
the additional funds of ProShares Trust).
---------------------------------------------------------------------------

     All the components of the Index will have publicly
available last sale trade information;
     The intra-day proxy value of the Fund per share and the
value of the Index will be publicly disseminated by a major market data
vendor throughout the trading day;
     On each business day before the opening of business on the
Exchange, the Fund's index receipt agent, through the National
Securities Clearing Corporation, will make available the list of the
names and the numbers of securities and other assets of the Fund's
portfolio that will be applicable that day to creation and redemption
requests;
     The Exchange or other market information provider will
disseminate (i) continuously every 15 seconds throughout the trading
day, through the facilities of the consolidated tape, the market value
of a Share and (ii) every 15 seconds throughout the trading day, a
calculation of the intraday indicative value of a Share;
     The arbitrage mechanism will be facilitated by the
transparency of the Fund's portfolio and the availability of the intra-
day indicative value, the liquidity of securities held by the Fund and
the ability to acquire such securities, as well as the arbitrageurs'
ability to create workable hedges;
     The Fund will invest solely in liquid securities;
     The Fund will invest in securities that will facilitate an
effective and efficient arbitrage mechanism and the ability to create
workable hedges;
     The Trust believes that arbitrageurs are expected to take
advantage of price variations between the Fund's market price and its
NAV; and
     A close alignment between the market price of Shares and
the Fund's NAV is expected.

Regulation M

    While redeemable securities issued by an open-end management
investment company are excepted from the provisions of Rule 101 and 102
of Regulation M, the Requestors may not rely upon that exception for
the Shares.\4\ However, we find that it is appropriate in the public
interest and is consistent with the protection of investors to grant a
conditional exemption from Rules 101 and 102 to persons who may be
deemed to be participating in a distribution of Shares of the Fund as
described in more detail below.
---------------------------------------------------------------------------

    \4\ While ETFs operate under exemptions from the definitions of
``open-end company'' under Section 5(a)(1) of the 1940 Act and
``redeemable security'' under Section 2(a)(32) of the 1940 Act, the
Fund and its securities do not meet those definitions.
---------------------------------------------------------------------------

Rule 101 of Regulation M

    Generally, Rule 101 of Regulation M is an anti-manipulation rule
that, subject to certain exceptions, prohibits any ``distribution
participant'' and its ``affiliated purchasers'' from bidding for,
purchasing, or attempting to induce any person to bid for or purchase
any security which is the subject of a distribution until after the
applicable restricted period, except as specifically permitted in the
rule. Rule 100 of Regulation M defines ``distribution'' to mean any
offering of securities that is distinguished from ordinary trading
transactions by the magnitude of the offering and the presence of
special selling efforts and selling methods. The provisions of Rule 101
of Regulation M apply to underwriters, prospective underwriters,
brokers, dealers, or other persons who have agreed to participate or
are participating in a distribution of securities. The Shares are in a
continuous distribution and, as such, the restricted period in which
distribution participants and their affiliated purchasers are
prohibited from bidding for, purchasing, or attempting to induce others
to bid for or purchase extends indefinitely.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will continuously redeem at the NAV Creation
Unit size aggregations of the Shares of the Fund and that a close
alignment between the market price of Shares and the Fund's NAV is
expected, the Commission finds that it is appropriate in the public
interest and consistent with the protection of investors to grant the
Trust an exemption under paragraph (d) of Rule 101 of Regulation M with
respect to the Fund, thus permitting persons participating in a
distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.\5\
---------------------------------------------------------------------------

    \5\ Additionally, we confirm the interpretation that a
redemption of Creation Unit size aggregations of Shares of the Fund
and the receipt of securities in exchange by a participant in a
distribution of Shares of the Fund would not constitute an ``attempt
to induce any person to bid for or purchase, a covered security
during the applicable restricted period'' within the meaning of Rule
101 of Regulation M and therefore would not violate that rule.
---------------------------------------------------------------------------

Rule 102 of Regulation M

    Rule 102 of Regulation M prohibits issuers, selling security
holders, and any affiliated purchaser of such person from bidding for,
purchasing, or attempting to induce any person to bid for or purchase a
covered security during the applicable restricted period in connection
with a distribution of securities effected by or on behalf of an issuer
or selling security holder.
    Based on the representations and facts presented in the Letter,
particularly that the Trust is a registered open-end management
investment company that will redeem at the NAV Creation Units of Shares
of the Fund and that a close alignment between the market price of

Shares and the Fund's NAV is expected, the Commission finds that it is
appropriate in the public interest and consistent with the protection
of investors to grant the Trust an exemption under paragraph (e) of
Rule 102 of Regulation M with respect to the Fund, thus permitting the
Fund to redeem Shares of the Fund during the continuous offering of
such Shares.

Rule 10b-17

    Rule 10b-17, with certain exceptions, requires an issuer of a class
of publicly traded securities to give notice of certain specified
actions (for example, a dividend distribution) relating to such class
of securities in accordance with Rule 10b-17(b). Based on the
representations and facts in the Letter, and subject to the conditions
below, we find that it is appropriate in the public interest, and
consistent with the protection of investors to grant the Trust a
conditional exemption from Rule 10b-17 because market participants will
receive timely notification of the existence and timing of a pending
distribution, and thus the concerns that the Commission raised in
adopting Rule 10b-17 will not be implicated.\6\
---------------------------------------------------------------------------

    \6\ We also note that timely compliance with Rule 10b-
17(b)(1)(v)(a) and (b) would be impractical in light of the nature
of the Fund. This is because it is not possible for the Fund to
accurately project ten days in advance what dividend, if any, would
be paid on a particular record date.
---------------------------------------------------------------------------

Conclusion

    It is hereby ordered, pursuant to Rule 101(d) of Regulation M, that
the Trust, based on the representations and facts presented in the
Letter, is exempt from the requirements of Rule 101 with respect to the
Fund, thus permitting persons who may be deemed to be participating in
a distribution of Shares of the Fund to bid for or purchase such Shares
during their participation in such distribution.
    It is further ordered, pursuant to Rule 102(e) of Regulation M,
that the Trust, based on the representations and the facts presented in
the Letter, is exempt from the requirements of Rule 102 with respect to
the Fund, thus permitting the Fund to redeem Shares of the Fund during
the continuous offering of such Shares.
    It is further ordered, pursuant to Rule 10b-17(b)(2), that the
Trust, based on the representations and the facts presented in the
Letter and subject to the conditions below, is exempt from the
requirements of Rule 10b-17 with respect to transactions in the shares
of the Fund.
    This exemptive relief is subject to the following conditions:
     The Trust will comply with Rule 10b-17 except for Rule
10b-17(b)(1)(v)(a) and (b); and
     The Trust will provide the information required by Rule
10b-17(b)(1)(v)(a) and (b) to the Exchange as soon as practicable
before trading begins on the ex-dividend date, but in no event later
than the time when the Exchange last accepts information relating to
distributions on the day before the ex-dividend date.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or conditions may require a
different response. In the event that any material change occurs in the
facts or representations in the Letter, transactions in Shares of the
Fund must be discontinued, pending presentation of the facts for our
consideration. In addition, persons relying on this exemption are
directed to the anti-fraud and anti-manipulation provisions of the
Exchange Act, particularly Sections 9(a), 10(b), and Rule 10b-5
thereunder. Responsibility for compliance with these and any other
applicable provisions of the federal securities laws must rest with the
persons relying on this exemption. This order should not be considered
a view with respect to any other question that the proposed
transactions may raise, including, but not limited to the adequacy of
the disclosure concerning, and the applicability of other federal or
state laws to, the proposed transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(6) and (9).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-24101 Filed 10-8-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45876-45877]
[FR Doc No: 2020-16516]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-495-000]

National Fuel Gas Supply Corporation; Notice of Request Under
Blanket Authorization

    Take notice that on July 15, 2020, National Fuel Gas Supply
Corporation (National Fuel), 6363 Main Street, Williamsville, New York
14221, filed in Docket No. CP20-495-000 a prior notice request pursuant
to sections 157.205 and 157.216 of the Commission's regulations under
the Natural Gas Act (NGA), and National Fuel's blanket certificate
issued in Docket No. CP83-4-000, to abandon facilities in its Boone
Mountain Storage Field located in Horton Township, Elk County,
Pennsylvania. National Fuel proposes to plug and abandon one injection/
withdrawal storage well, Well 4809, and abandon in place the associated
Well Line FW4809. National Fuel states the well has localized corrosion
deep in the well, which does not allow for cost effective replacement
or remediation. The proposed abandonment will not result in a material
decrease in service to customers, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Meghan
M. Emes, Attorney for National Fuel, 6363 Main Street, Williamsville,
New York 14221, by telephone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters, will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFile link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852.

    Dated: July 24, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-16516 Filed 7-29-20; 8:45 am]
BILLING CODE 6717-01-P


Year Date( s) Days Marine Area Gear Type 1989 08/ 15  08/ 18 4 12B, 12C PS 1989 08/ 21  08/ 24 4 12B, 12C PS, GN 1989 08/ 28  08/ 31 4 12B, 12C GN 1989 08/ 29  09/ 01 4 12B, 12C PS 1989 09/ 05  09/ 08 4 12A, 12B, 12C PS, GN 1989 09/ 11  09/ 11 1 12,12B GN 1989 09/ 11  09/ 14 4 12A GN 1989 09/ 12  09/ 12 1 12,12B PS 1989 09/ 12  09/ 15 4 12A PS 1989 09/ 18  09/ 18 1 12,12B PS, GN 1989 09/ 25  09/ 26 2 12,12B GN 1989 09/ 26  09/ 27 2 12,12B PS 1989 10/ 02  10/ 03 2 12,12B PS, GN 1989 10/ 09  10/ 10 2 12,12B GN 1989 10/ 10 10/ 11 2 12,12B PS 1989 10/ 16 10/ 16 1 12,12B GN 1989 10/ 17 10/ 17 1 12,12B PS 1989 10/ 23 10/ 23 1 12,12B PS, GN 1989 10/ 29 10/ 30 2 12,12B GN 1989 10/ 30 10/ 31 2 12,12B PS 1990 07/ 30 08/ 02 4 12B, 12C PS, GN 1990 08/ 06 08/ 09 4 12B, 12C GN 1990 08/ 07 08/ 10 4 12B, 12C PS 1990 08/ 13 08/ 16 4 12B, 12C PS, GN 1990 08/ 20 08/ 23 4 12B, 12C GN 1990 08/ 21 08/ 24 4 12B, 12C PS 1990 08/ 27 08/ 30 4 12B, 12C PS, GN 1990 09/ 03 09/ 06 4 12A, 12B, 12C GN 1990 09/ 04 09/ 07 4 12A, 12B, 12C PS 1990 09/ 10 09/ 10 1 12,12B PS, GN 1990 09/ 10 09/ 13 4 12A PS, GN 1990 09/ 16 09/ 21 5 12A PS, GN Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.251 Appendix Table 3.9.1 ( continued). 1980 97 non treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear Types: PS= purse seine, BS= beach seine, and GN= gillnet.

Year Date( s) Days Marine Area Gear Type 1990 09/ 17 09/ 18 2 12,12B GN 1990 09/ 18 09/ 19 2 12,12B PS 1990 09/ 24 09/ 25 2 12,12B PS, GN 1990 10/ 01 10/ 03 3 12,12B GN 1990 10/ 02 10/ 02 3 12,12B PS 1990 10/ 08 10/ 09 2 12,12A, 12B PS, GN 1990 10/ 15 10/ 15 1 12,12A, 12B PS, GN 1990 10/ 22 10/ 23 2 12,12B GN 1990 10/ 23 10/ 24 2 12,12B PS 1990 10/ 29 10/ 30 2 12,12B PS, GN 1991 09/ 03 09/ 06 4 12A PS, GN 1991 09/ 09 09/ 13 5 12A PS, GN 1991 09/ 18 09/ 20 S 12A PS, GN 1991 09/ 23 09/ 27 5 12A PS, GN 1991 09/ 30 10/ 04 5 12A PS, GN 1991 10/ 16 10/ 18 3 12A PS, GN 1993 09/ 08 09/ 10 3 12A GN 1993 09/ 13 09/ 16 4 12A GN 1993 10/ 18 10/ 19 2 12,12B PS, GN 1993 10/ 25 10/ 26 2 12,12B PS, GN 1993 10/ 26 10/ 27 2 12,12B PS, GN 1994 10/ 31 10/ 31 1 12B GN 1995 10/ 30 10/ 30 1 12,12B PS, GN 1995 10/ 31 10/ 31 1 12,12B PS, GN 1998 09/ 23 09/ 27 5 12A BS 1996 09/ 30 10/ 04 5 12A BS 1996 10/ 07 10/ 11 5 12A BS 1997 09/ 03 09/ 06 4 12A BS 1997 09/ 08 09/ 12 5 12A BS 1997 09/ 15 09/ 19 5 12A BS 1997 09/ 22 09/ 26 5 12A BS 1997 09/ 29 10/ 03 6 12A BS Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.252 Appendix Table 3.9.1 ( continued). 1980 97 non treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear Types: PS= purse seine, BS= beach seine, and GN= gillnet.

Year Date( s) Days Marine Area Gear Type 1997 10/ 06 10/ 10 5 12A BS 1997 10/ 13 10/ 17 5 12A BS 1997 10/ 20 10/ 21 2 12,12B PS, GN 1997 10/ 27 10/ 28 2 12,12B PS, GN Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.253 Appendix Table 3.9.2. 1980 96 Treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear types: GN= gillnet, SN= set net, BS= beach seine, and HL= hook and line.

Year Date ( s) Days Area Gear 1980 08/ 03  08/ 06 3 12 HL, SN, GN 1980 08/ 10  08/ 13 3 12 HL, SN, GN 1980 08/ 17  08/ 21 4 12 HL, SN, GN 1980 09/ 01  09/ 03 2 12 HL, SN, GN 1980 09/ 07  09/ 10 3 12,12B SN, GN 1980 09/ 14  09/ 19 5 12,12C SN, GN 1980 09/ 21  09/ 24 3 12,12B SN, GN 1980 09/ 28  09/ 30 2 12,12C SN, GN 1981 08/ 02  08/ 04 2 12,12C HL, SN, GN 1981 08/ 09  08/ 12 3 12,12C HL, SN, GN 1981 08/ 16  08/ 19 3 12,12C HL, SN, GN 1981 08/ 23  08/ 25 2 12,12C HL, SN, GN 1981 09/ 13  09/ 15 2 12 HL, SN, GN 1981 09/ 15  09/ 17 2 12,12B HL, SN, GN 1981 09/ 20  09/ 22 2 12,12B HL, SN, GN 1981 09/ 22  09/ 24 2 12,12C HL, SN, GN 1981 09/ 27  09/ 30 3 12,12C HL, SN, GN 1982 08/ 02  08/ 04 2 12 HL, SN, GN 1982 08/ 15  08/ 17 2 12 HL, SN, GN 1982 08/ 22  08/ 25 3 12 HL, SN, GN 1982 08/ 29  09/ 03 5 12 HL, SN, GN 1982 09/ 05  09/ 10 5 12 HL, SN, GN 1982 09/ 12  09/ 17 5 12,12C HL, SN, GN 1982 09/ 18  09/ 23 5 12,12C HL, SN, GN 1982 09/ 24  09/ 30 6 12,12C HL, SN, GN 1983 08/ 01  08/ 03 2 12 HL, SN, GN 1983 08/ 07  08/ 10 3 12 HL, SN, GN 1983 08/ 14  08/ 18 4 12,12C HL, SN, GN 1983 08/ 21  09/ 03 13 12,12C HL, SN, GN 1983 09/ 03  09/ 08 5 12C HL, SN, GN 1983 09/ 11  09/ 14 3 12,12B HL, SN, GN 1983 09/ 16  09/ 18 2 12,12B HL, SN, GN Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.254 Appendix Table 3.9.2 ( continued). 1980 96 Treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear types: GN= gillnet, SN= set net, BS= beach seine, and HL= hook and line.

Year Date ( s) Days Area Gear 1983 09/ 18  09/ 23 5 12,12C HL, SN, GN 1983 09/ 25  09/ 30 5 12,12C HL, SN, GN 1984 08/ 01  08/ 03 2 12,12C HL, SN, GN 1984 08/ 05  08/ 10 5 12,12B HL, SN, GN 1984 08/ 04  08/ 10 6 12C HL, SN, GN 1984 08/ 12  08/ 17 5 12,12C HL, SN, GN 1984 08/ 19  08/ 22 3 12,12C HL, SN, GN 1984 09/ 03  09/ 05 2 12 HL, SN, GN 1984 09/ 09  09/ 14 5 12 HL, SN, GN 1984 09/ 16  09/ 21 5 12 HL, SN, GN 1984 09/ 17  09/ 20 3 12B HL, SN, GN 1984 09/ 21  09/ 26 5 12 HL, SN, GN 1985 08/ 01  08/ 02 1 12,12B HL, SN, GN 1985 08/ 04  08/ 09 5 12,12C HL, SN, GN 1985 08/ 11  08/ 16 5 12,12C HL, SN, GN 1985 08/ 18  08/ 21 3 12,12C HL, SN, GN 1985 08/ 25  08/ 28 3 12,12C HL, SN, GN 1985 09/ 02  09/ 04 2 12,12C HL, SN, GN 1985 09/ 08  09/ 11 3 12,12B HL, SN, GN 1985 09/ 15  09/ 28 13 12,12B HL, SN, GN 1985 09/ 21  09/ 24 3 12C HL, SN, GN 1985 09/ 29  09/ 30 1 12C HL, SN, GN 1986 08/ 01  08/ 01 1 12,12C HL, SN, GN 1986 08/ 04  08/ 08 4 12,12C HL, SN, GN 1986 08/ 10  08/ 15 5 12,12C HL, SN, GN 1986 08/ 17  08/ 20 3 12,12C HL, SN, GN 1986 08/ 24  08/ 26 2 12,12B HL, SN, GN 1986 09/ 07  09/ 11 4 12,12B HL, SN, GN 1986 09/ 14  09/ 19 5 12,12B HL, SN, GN 1986 09/ 21  09/ 26 5 12,12C HL, SN, GN 1986 09/ 26  09/ 30 4 12,12C HL, SN, GN 1987 08/ 02  08/ 07 5 12,12C HL, SN, GN Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.255 Appendix Table 3.9.2 ( continued). 1980 96 Treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear types: GN= gillnet, SN= set net, BS= beach seine, and HL= hook and line.

Year Date ( s) Days Area Gear 1987 08/ 09  08/ 14 5 12,12C BS, HL, SN, GN 1987 08/ 12  08/ 14 2 12C HL, SN, GN 1987 08/ 16  08/ 21 5 12,12C BS 1987 08/ 19  08/ 21 1 12C HL, SN, GN 1987 08/ 20  09/ 05 16 12,12C BS 1987 08/ 21  08/ 21 1 12C HL, SN, GN 1987 09/ 06  09/ 11 5 12 BS, HL, SN, GN 1987 09/ 13  09/ 18 5 12,12B BS, HL, SN, GN 1987 09/ 20  09/ 25 5 12,12C HL, SN, GN 1987 09/ 27  09/ 30 3 12,12C HL, SN, GN 1988 08/ 01  08/ 05 4 12,12C HL, SN, GN 1988 08/ 07  08/ 13 6 12,12C HL, SN, GN 1988 08/ 14  08/ 19 5 12,12C HL, SN, GN 1988 09/ 25  09/ 28 3 12 HL, SN, GN 1989 08/ 01  08/ 04 3 12,12C HL, SN, GN 1989 08/ 06  08/ 11 5 12,12C HL, SN, GN 1989 08/ 13  08/ 18 5 12,12C HL, SN, GN 1989 08/ 20  08/ 25 5 12,12C HL, SN, GN 1989 08/ 27  09/ 01 5 12,12C HL, SN, GN 1989 09/ 03  09/ 09 6 12,12C HL, SN, GN 1989 09/ 10  09/ 13 3 12,12C HL, SN, GN 1989 09/ 14  09/ 17 3 12C HL, SN, GN 1989 09/ 17  09/ 21 4 12,12B BS, HL, SN, GN 1989 09/ 17  09/ 21 4 12C HL, SN, GN 1989 09/ 24  09/ 29 5 12,12C HL, SN, GN 1990 08/ 01  08/ 04 3 12,12C HL, SN, GN 1990 08/ 05  08/ 11 6 12,12C HL, SN, GN 1990 08/ 12  08/ 18 6 12,12C HL, SN, GN 1990 08/ 19  08/ 25 6 12,12C HL, SN, GN 1990 08/ 26  09/ 01 6 12,12C HL, SN, GN 1990 09/ 02  09/ 08 6 12,12C HL, SN, GN 1990 09/ 10  09/ 14 4 12,12C HL, SN, GN Summer Chum Salmon Conservation Initiative April 2000 Appendix to Part Three A3.256 Appendix Table 3.9.2 ( continued). 1980 96 Treaty openings for Hood Canal Mainstem Management Area ( July through October). Gear types: GN= gillnet, SN= set net, BS= beach seine, and HL= hook and line.

Year Date ( s) Days Area Gear 1990 09/ 16  09/ 21 5 12,12C HL, SN, GN 1990 09/ 23  09/ 28 5 12,12C HL, SN, GN 1990 09/ 30  09/ 30 1 12,12C HL, SN, GN 1991 08/ 01  08/ 03 2 12,12C HL, SN, GN 1991 08/ 04  08/ 10 6 12,12C HL, SN, GN 1991 08/ 11  08/ 17 6 12,12C HL, SN, GN 1991 08/ 18  08/ 24 6 12,12C HL, SN, GN 1991 08/ 25  08/ 31 6 12,12D HL, SN, GN 1991 09/ 01  09/ 07 6 12,12D HL, SN, GN 1992 08/ 01  08/ 01 1 12,12C HL, SN, GN 1992 08/ 02  08/ 08 6 12,12C HL, SN, GN 1992 08/ 09  08/ 15 6 12,12C HL, SN, GN 1992 08/ 15  08/ 23 8 12,12C HL, SN, GN 1992 08/ 23  08/ 30 7 12,12C HL, SN, GN 1992 08/ 30  09/ 05 6 12,12C HL, SN, GN 1993 08/ 01  08/ 08 7 12,12C HL, SN, GN 1993 08/ 08  08/ 15 7 12,12C HL, SN, GN 1993 08/ 15  08/ 22 7 12,12C HL, SN, GN 1993 08/ 22  08/ 29 7 12,12C HL, SN, GN 1993 08/ 29  09/ 05 7 12C HL, SN, GN 1994 08/ 07  08/ 11 4 12,12C HL, SN, GN 1994 08/ 14  08/ 18 4 12,12C HL, SN, GN 1994 08/ 21  08/ 25 4 12C HL, SN, GN 1995 08/ 01  08/ 03 2 12C BS, HL