[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11611-11613]
[FR Doc No: 2012-4402]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66429; File No. SR-Phlx-2012-20]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX LLC To Modify
Connectivity Options and Fees

February 21, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on February 15, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to modify the Phlx Fee Schedule, Section X(b)
regarding Exchange connectivity options and fees.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
at the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify the Phlx Fee Schedule, Section X(b)
regarding connectivity to The NASDAQ Stock Market LLC (``NASDAQ'').\3\
Specifically, the Exchange proposes to (i) establish a connectivity fee
for a 40Gb enhanced bandwidth option; and (ii) provide a waiver of
installation fees for upgrades.
---------------------------------------------------------------------------

    \3\ All co-location services are provided by NASDAQ Technology
Services LLC.
---------------------------------------------------------------------------

Enhanced Bandwidth Option
    The Exchange currently offers various bandwidth options for
connectivity to the Exchange, including a 10Gb fiber

connection, a 1Gb copper connection, and a 100 MB connection.\4\ In
keeping with changes in technology, the Exchange now proposes to
provide an enhanced bandwidth option to enable its clients [sic] a more
efficient connection to the Exchange. The Exchange proposes a 40G [sic]
fiber connection with a one-time installation fee of $1,500, and a per-
month connectivity fee of $15,000. The growth in the size of
consolidated and proprietary data feeds has resulted in demand for
higher bandwidth. As the number of feeds available and the size of the
feeds increases, the bandwidth required for market data feeds steadily
rises. The Exchange's proposal provides the co-located client the
option to select the bandwidth that is appropriate for the firm's
current needs and enables it to add or change services as its needs
change.
---------------------------------------------------------------------------

    \4\ See Exchange Fee Schedule, Section X(b), Connectivity to
Nasdaq.
---------------------------------------------------------------------------

Waiver of Installation Fees
    The Exchange also proposes to provide a waiver of the installation
fees for client orders of 10Gb and 40Gb fiber connectivity to the
Exchange completed between the effectiveness of this proposal and May
31, 2012. The Exchange is providing the waiver to assist its co-located
clients in upgrading to higher bandwidth connections to meet the
growing needs of co-located clients' business operations.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \5\ in general, and with Section 6(b)(4) of the Act,\6\
in particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which the Exchange operates
or controls. The Exchange also believes the proposal furthers the
objectives of Section 6(b)(5) of the Act \7\ in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest and are [sic] not designed to permit unfair discrimination
between customer, issuers, brokers and dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Enhanced Bandwidth Option
    The Exchange believes that its proposal is consistent with Section
6(b)(4) of the Act in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which the Exchange operates
or controls.
Reasonable Fees
    The Exchange's proposal for 40Gb fiber connectivity will provide
co-location clients the ability to increase data transmission and
reduce latency, thereby enhancing their operations. The Exchange
believes the proposed fees for 40B [sic] fiber connectivity to the
Exchange are reasonable because the fees charged for the higher
bandwidth allow the Exchange to cover the hardware, installation,
testing and connection costs to maintain and manage the enhanced
connection. The proposed fees allow the Exchange to recoup costs
associated with providing the 40Gb connection and provide the Exchange
a profit while providing customers the possibility of reducing the
number of their connections to the Exchange. While no other Exchange
currently offers the proposed 40Gb bandwidth connection, the Exchange
further believes that the proposed fees are reasonable in that the
proposed fees are proportionately less than the fees charged by other
trading venues for similar connectivity services.\8\
---------------------------------------------------------------------------

    \8\ NYSE charges $10,000 per month for 10Gb LCN (Liquidity
Center Network) Connection. See https://usequities.nyx.com/sites/usequities.nyx.com/files/nyse_arca_marketplace_fees_1.3.2012.pdf, page 13. Furthermore, ISE charges $4,000 per month for
10Gb Ethernet network connections. See http://www.ise.com/assets/documents/OptionsExchange/legal/fee/fee_schedule.pdf, page 9. By
contrast, the Exchange is proposing to offer four times the
bandwidth for a monthly fee of $15,000.
---------------------------------------------------------------------------

Equitable Allocation
    The Exchange also believes the proposed 40Gb fiber fee for
connectivity to the Exchange is equitably allocated in that all
Exchange members that voluntarily select this service option will be
charged the same amount to cover the hardware, installation, testing
and connection costs to maintain and manage the enhanced connection.
The proposed fees allow the Exchange to recoup costs associated with
providing the 40Gb connection and provide the Exchange a profit while
providing customers the possibility of reducing the number of their
connections to the Exchange. All Exchange members have the option to
select this voluntary co-location service.
    The Exchange also believes the proposal furthers the objectives of
Section 6(b)(5) of the Act \9\ in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general to protect investors and the public interest and are
[sic] not designed to permit unfair discrimination between customer,
issuers, brokers and dealers.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Removes Impediments and Perfects Mechanism of a Free and Open Market
    Furthermore, the enhanced 40Gb fiber connectivity assists the co-
located clients in making their network connectivity more efficient, as
clients could consolidate the number of connections to the Exchange.
Due to the continuous growth of the size of consolidated and
proprietary market data feeds transmitted over the Exchange
connections, clients need to monitor their connections for data spikes
and data gapping issues which can result in potential trading errors,
trading losses and may require network resource intervention to
resolve. The Exchange believes the enhanced 40Gb connection will remove
impediments to and perfect the mechanism of a free and open market and
a national market system because the enhanced connectivity option will
remove the potential for data spikes and data gapping issues that
result from the transmission of the growing size of the consolidated
and proprietary market data feeds.
Protects Investors and the Public Interest
    The Exchange also believes that the reduction in latencies
attributed to the enhanced 40Gb connection option further serves to
protect investors and the public interest. The reduction in latencies
will remove the potential for data spikes and data gapping issues that
result from the transmission of the growing size of the consolidated
and proprietary market data feeds. Such data spiking and data gapping
issues have the potential of disrupting the marketplace which could
negatively impact the investors as well as the public interest.
Not Unfairly Discriminatory
    The Exchange also believes the proposed 40Gb fiber fee for
connectivity to the Exchange is not unfairly discriminatory in that all
Exchange members have the option of selecting the 40Gb connection to
the Exchange, and there is no differentiation among members with regard
to the fees charged for this option. Furthermore, the Exchange believes
the [sic] providing all Exchange Members the proposed

connectivity option for the proposed fees, which covers the hardware,
installation, testing and connection costs to maintain and manage the
enhanced connection, promotes just and equitable principles of trade.
Waiver of Installation Fees
    The Exchange believes that its proposal for the waiver of
installation fees is consistent with Section 6(b) of the Act \10\ in
general, and with Section 6(b)(4) of the Act,\11\ in particular, in
that it provides for the equitable allocation of reasonable dues, fees
and other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

Reasonable Waiver of Fees
    The Exchange believes that its proposal to waive the 10Gb and 40Gb
fiber connection installation fees is reasonable because it is being
provided to assist its co-located clients in upgrading to higher
bandwidth connections to meet the growing needs of the co-located
clients' business operations at a time in the industry when the ever-
increasing size of consolidated and proprietary data fees are [sic]
causing higher demand for larger bandwidth options to reduce potential
disruption in the marketplace.
Equitably Allocated
    The Exchange also believes the proposal to waive the 10Gb and 40Gb
fiber connection installation fee is equitably allocated in that all
Exchange members that voluntarily select these service options will be
afforded the waiver of fees until May 31, 2012. All Exchange members
have the option to select these voluntary co-location services.
Not Unfairly Discriminatory
    The Exchange also believes the proposal to waive the 10Gb and 40Gb
fiber connection installation fee is not unfairly discriminatory in
that the waiver of fees is provided to all Exchange members that
volunteer for these particular service options, and there is no
differentiation among members with regard to the waiver of fees for
these options.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest because such waiver will facilitate trading activities by
providing members an option to enhance the efficiency of their trading
through the 40Gb connectivity. Therefore, the Commission designates the
proposal operative upon filing.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-20 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2012-20. This file
number should be included on the subject line if email is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
Phlx-2012-20, and should be submitted on or before March 19, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4402 Filed 2-24-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Proposed Rules]
[Page 23227-23229]
[DOCID:fr26ap11-20]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0230]
RIN 1625-AA00

Safety Zone, Newport River; Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes the establishment of a safety zone on
the waters of the Newport River under the main span US 70/Morehead
City--Newport River high rise bridge in Carteret County, NC. This
safety zone is necessary to provide for safety of life on navigable
waters during the disestablishment of staging for bridge maintenance.
This rule will enhance the safety of the contractors performing
maintenance as well as the safety of the vessels that plan to transit
this area between 10 a.m. and 4 p.m. on August 20, 2011.

DATES: Comments and related material must be received by the Coast
Guard on or before May 26, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0230 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M. Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0230), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0230'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble

as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0230'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    The State of North Carolina Department of Transportation awarded a
contract to Astron General Contracting Company of Jacksonville, NC to
perform bridge maintenance on the US Highway 70 Fixed bridge crossing
Newport River at Morehead City, North Carolina. The contract provides
for cleaning, painting, and steel repair to begin on June 1, 2011 and
will be completed by August 20, 2011. The contractor requires the main
channel in the vicinity of the bridge to remain closed during
demobilization on August 20, 2011 from 10 a.m. to 4 p.m. The Coast
Guard will temporarily restrict access to this section of Newport River
during the demobilization of the bridge maintenance equipment.

Discussion of Proposed Rule

    The temporary safety zone will encompass the waters of the Newport
River directly under the bridge, latitude 34[deg]43'15'' North,
longitude 076[deg]41'39'' West, and 100 yards on either side of the US
Highway 70 Fixed bridge. All vessels are prohibited from transiting
this section of the waterway while the safety zone is in effect. Entry
into the safety zone will not be permitted except as specifically
authorized by the Captain of the Port or a designated representative.
To seek permission to transit the area, mariners may contact Sector
North Carolina at<PHONE_NUMBER>. This zone will be enforced from 10
a.m. to 4 p.m. on August 20, 2011.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This proposed 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, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    Although this regulation will restrict access to the area, the
effect of this rule will not be significant because: (i) The safety
zone will be in effect for a limited time, from 10 a.m. to 4 p.m., on
August 20, 2011, (ii) the Coast Guard will give advance notification
via maritime advisories so mariners can adjust their plans accordingly,
and (iii) although the safety zone will apply to the section of the
Newport River in the immediate vicinity of the US Highway 70 Fixed
bridge, vessel traffic may use alternate waterways to transit safely
around the safety zone. All Coast Guard vessels enforcing this
regulated area can be contacted on marine band radio VHF-FM channel 16
(156.8 MHz).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of recreational and fishing
vessels intending to transit the specified portion of Newport River
from 10 a.m. to 4 p.m. on August 20, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will only be in effect for six hours from 10 a.m. to 4 p.m.
Although the safety zone will apply to the section of the Newport River
in the vicinity of the bridge, vessel traffic may use alternate
waterways to transit safely around the safety zone. Before the
effective period, the Coast Guard will issue maritime advisories widely
available to the users of the waterway.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 CWO3 Joseph Edge, Waterways
Management Division Chief, Sector North Carolina, at<PHONE_NUMBER>.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would 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.

Civil Justice Reform

    This proposed 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.

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
this instruction. This proposed rule involves the establishment of a
temporary safety zone to protect the public from bridge maintenance
operations. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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.

    2. Add temporary Sec.  165.T05-0230 to read as follows:

Sec.  165.T05-0230  SAFETY ZONE; Newport River, Morehead City, North
Carolina.

    (a) Definitions. For the purposes of this section, Captain of the
Port means the Commander, Sector North Carolina. Representative means
any Coast Guard commissioned, warrant, or petty officer who has been
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: This zone
includes the waters of Newport River directly under the main span of
the U.S. Highway 70 fixed bridge at Morehead City, North Carolina,
located at latitude 34[deg]43'15'' North, longitude 076[deg]41'39''
West, and 100 yards on either side of that bridge.
    (c) Regulations. (1) The general regulations contained in Sec.
165.23 of this part apply to the area described in paragraph (b) of
this section.
    (2) Persons or vessels requiring entry into or passage through any
portion of the safety zone must first request authorization from the
Captain of the Port, or a designated representative, unless the Captain
of the Port previously announced via Marine Safety Radio Broadcast on
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will
not be enforced in that portion of the safety zone. The Captain of the
Port can be contacted at telephone number<PHONE_NUMBER> or by radio on
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 10 a.m.
to 4 p.m. on August 20, 2011 unless cancelled earlier by the Captain of
the Port.

     Dated: April 12, 2011.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2011-9984 Filed 4-25-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 33993]
[DOCID:fr20jn07-66]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-445-019]

Alliance Pipeline L.P.; Notice of Negotiated Rates

June 13, 2007.
    Take notice that on June 11, 2007, Alliance Pipeline L.P.
(Alliance) tendered for filing Seventh Revised Sheet No. 12, as part of
its FERC Gas Tariff, Original Volume No. 1, proposed to become
effective June 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-11868 Filed 6-19-07; 8:45 am]

BILLING CODE 6717-01-P