OMB Control No. 2040-0050, EPA ICR No. 0318.14

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 United States
 Environmental Protection
 Agency

Information Collection Request for the
Clean Watersheds Needs Survey (Reinstatement)

                                                                   January 2021

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                               TABLE OF CONTENTS

PART A	1
1	Identification	1
1(a)	Title	1
1(b)	Abstract	1
2	Need for and Use of the Collection	1
2(a)	Need/Authority for the Collection	1
2(b)	Practical Utility/Users of the Data	2
3	Nonduplication, Consultations, and Other Collection Criteria	2
3(a)	Nonduplication	2
3(b)	Public Notice Required Prior to ICR Submission to OMB	3
3(c)	Consultations	3
3(d)	Effects of Less Frequent Collection	3
3(e)	General Guidelines	3
3(f)	Confidentiality	4
3(g)	Sensitive Questions	4
4	Respondents and Information Requested	4
4(a)	Respondents/NAICS Codes	4
4(b)	Information Requested	4
5	Agency Activities, Collection Methodology, and Information Management	6
5(a)	Agency Activities	6
5(b)	Collection Methodology and Management	6
5(c)	Small Entity Flexibility	7
5(d)	Collection Schedule	7
6	Estimating Burden and Cost	8
6(a)	Respondent Burden	8
6(b)	Estimating Respondent Costs	8
6(c)	Estimated Agency Burden and Costs	9
6(d)	Estimating the Respondent Universe and Total Burden and Costs	10
6(e)	Bottom Line Burden Hours and Costs Tables	12
6(f)	Reasons for Change in Burden	12
6(g)	Burden Statement	13

                                LIST OF TABLES
Table 6-1. Respondent Time per Activity per Facility	8
Table 6-2. Agency Burden and Cost	9
Table 6-3. Annual Respondent Burden and Cost	11
Table 6-4. Bottom Line Burden Hours and Costs for Respondents	12
Table 6-5. Bottom Line Burden Hours and Costs for Agency	12

                             SUPPORTING STATEMENT
PART A
Identification
Title
Clean Watersheds Needs Survey (Reinstatement)
EPA ICR Number 0318.14
OMB CONTROL NUMBER 2040-0050
Abstract
The Clean Watersheds Needs Survey (CWNS) is required by Clean Water Act (CWA) Sections 205(a) and 516. It is a periodic inventory of existing and planned publicly owned wastewater conveyance and treatment facilities, combined sewer overflow correction, stormwater management and other water pollution control facilities in the United States, as well as an estimate of how many of these facilities need to be built. The CWNS is a joint effort between EPA and the states. The CWNS collects cost and technical data from states that are associated with publicly owned treatment works and other water pollution control facilities, existing and planned. The respondents who provide this information to Environmental Protection Agency (EPA or Agency) are state agencies responsible for environmental pollution control and local facility contacts who provide documentation to the states. Periodically, the states request data or documentation from contacts at the facility or local government level. These respondents are referred to as facilities.
No confidential information is used, nor is sensitive information protected from release under the Public Information Act. EPA achieves national consistency in the final results through the application of uniform guidelines and validation techniques.
Need for and Use of the Collection
Need/Authority for the Collection
Per CWA section 516(b)(1)(B), EPA must provide a "a detailed estimate, biennially revised, of the cost of construction of all needed publicly owned treatment works in all of the states and of the cost of construction of all needed publicly owned treatment works in each of the states."
Per the CWA, the CWNS was initially conducted every two years. In 1994, a survey was mandated for the collection of drinking water infrastructure needs. Therefore, after the completion of the CWNS 1992, the CWNS was conducted every four years, alternating with the drinking water needs survey. The upcoming survey will be the 17[th] since the enactment of the CWA in 1972. However, the last CWNS collection occurred in 2012.
Practical Utility/Users of the Data
Congress utilizes the data collected in the CWNS to assist deliberations on specific legislation and funding measures related to water pollution control. Additional uses of the data include:
Local, state, and other uses of the data for National Pollutant Discharge Elimination System (NPDES) permit writing, Total Maximum Daily Load (TMDL) analyses, and other environmental program support,
Wastewater treatment technology and environmental measures support related to EPA's Sustainable Infrastructure Initiative,
Private efforts to target technical support for facilities,
Baseline data for EPA, Department of Homeland Security, and other agencies for use in more specialized reports and for providing program focus,
Development of the allotment formula for the new EPA Overflow and Stormwater Grant program, and
Data used by professional industry groups, non-profits, academia, and other stakeholders as the only comprehensive review of all capital needs for wastewater infrastructure, stormwater infrastructure, and clean water obligations within the United States.

At the end of each CWNS, EPA develops a Report to Congress highlighting the national results of the survey and describing the methodology used to collect, document, and quality-assure all the state data included therein. The appendices of the Report are detailed state-by-state and national summary tables. In addition, EPA makes the data available to the public via a CWNS dashboard and are integrated into a number of other EPA data platforms. Past Reports and data are publicly available at http://www.epa.gov/cwns/.
Nonduplication, Consultations, and Other Collection Criteria
Nonduplication
EPA avoids duplication of effort in several ways. States and EPA Regions are informed of the data and document update procedures during CWNS state trainings and through a provided user manual.
A new data entry portal is being developed for the 17[th] CWNS. This portal reduces duplication of effort by incorporating the ability to:
Transfer wastewater discharge permit data from EPA's How's My Waterway tool,
Locate facilities in the internet WATERS Lite Viewer mapping tool and have the location data transferred directly into the portal, and
Import facility and contact information for existing facilities from the past survey.

System enhancements also assist in preventing duplicative efforts by providing upfront validation checks to prevent users from having to re-enter data based on a validation check later in the survey. Data quality assurance methods have also been streamlined to require less respondent time while preserving data quality assurance.
Public Notice Required Prior to ICR Submission to OMB
In compliance with the 1995 Paper Work Reduction Act, EPA will solicit public comments for a 60-day period to solicit comments that will be used partly to determine realistic burden estimates for respondents.

Consultations
On December 17[th], 2020, EPA conducted a consultation meeting with nine state respondents. The consultants were shown updates to the data entry portal and provided assumptions and burden estimates from the previous ICR.
State consultants were asked to estimate the total amount of time it takes them to update the information for one facility, as well as estimate the percentage of that time they spent on each activity. The previous ICR estimated it took states 1.47 hours to update and submit data for one facility. The consultants indicated that this was generally correct for an average on a per facility basis. However, the consultants who participated in the previous surveys informed us that a greater proportion of their time was spent on working with primary data suppliers than the 2012 activity burden assumed. They indicated that 21 percent of their time was spent on data entry and document submission and 42 percent of their time was spent working with primary data suppliers. EPA made this change to the burden calculations for this proposed ICR.
The consultants also requested that EPA ensure all nonpoint source (NPS) control facilities included in the 2008 survey and all of the decentralized facilities included in the 2012 be captured in the upcoming facility universe count.
Effects of Less Frequent Collection
Due to the amount of time that has passed since the last survey in 2012, failure to conduct the CWNS in 2022 could put EPA in the position of being unable to respond in a timely and accurate manner to statutory CWA mandates. Additionally, the data need regular updating to support the variety of additional uses described at the end of Section 2.
General Guidelines
The CWNS follows OMB's general guidelines and does not ask respondents to:
Report information to the Agency more often than quarterly;
Prepare a written response to a collection of information in fewer than 30 days after receipt of a request;
Submit more than an original and two copies of any document;
Retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
Participate in a statistical survey that is not designed to produce data that can be generalized to the universe of the study;
Utilize a statistical data classification that has not been reviewed and approved by OMB;
Receive a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
Submit proprietary, trade secret, or other confidential information unless the Agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
Confidentiality
No confidential information is used, nor is there any sensitive information protected from release under the Public Information Act. However, the survey does ask for personally identifying information. For example, the CWNS collects the name and title of individuals associated with their entries, and also work addresses and phone numbers as optional fields. Any respondent that considers this information to be of a confidential nature may request that such information be treated as confidential. All confidential data will be handled in accordance with 40 CFR 122.7, 40 CFR part 2, and EPA's Security Manual part III, chapter 9, dated August 9, 1976.
Sensitive Questions
No sensitive questions pertaining to private or personal information, such as sexual behavior or religious beliefs, are included in this information collection.
Respondents and Information Requested
Respondents/NAICS Codes
The primary respondents for the CWNS will be 56 states and territories.
The North American Industry Classification System (NAICS) information for the facility respondents affected by this collection activity are as follows:

Description

                                 Group Number

                                Industry Number
Administration of Air and Water Resource and Solid Waste Management Programs

                                      924

                                    924110
Sewage Plants and Collection Systems

                                      221

                                    221320
City, Town, County Executive Offices

                                      921

                                    921110

Information Requested
The types of data that will be collected relate to wastewater infrastructure and the costs thereof, including publicly owned wastewater treatment and conveyance systems that need to be built or upgraded to control wastewater, stormwater, nonpoint source discharges, decentralized systems, and combined sewer/sanitary sewer overflows.
Data items, including record keeping requirements
Respondents will utilize an online data entry portal to submit information. Appendix A includes wireframes representing preliminary screenshots of the data entry portal.
The survey will collect information in the following data areas:
 Facility/Change Type
 Permit
 Point of Contact
 Location
 Population
 Flow
 Discharge
 Effluent
 Unit Processes
 Utility management
 Needs
 Areas Related to Needs
 Cost Model Inputs
This collection does not require record keeping by respondents as all data and documentation will be submitted to EPA for review and archiving.
Respondent activities:
States will be inputting and submitting CWNS information and conducting the following activities that are not customary and usual business practice.
 Obtain access & training for the data entry portal
 Work with primary data suppliers
 Compile data from data suppliers
 Data entry and document review
 Data quality assurance
However, states will ask facilities for limited information to be able to complete the survey. Therefore, facilities will be asked to submit documents to state personnel, but they will not be entering data into the data entry portal.
Agency Activities, Collection Methodology, and Information Management
Agency Activities
Over four years, EPA collects, reviews and summarized CWNS data in order to prepare the final Report to Congress. The Agency conducts the following activities:
 Contract Management
 Regional Assistance to states
 Promoting states' full participation in CWNS
 Assisting states with state-specific data collection / update methodologies
 Assisting states in addressing states' submissions evaluated by EPA as not meeting CWNS criteria
 Arranging Regional trainings for data collection and presentation of results of the survey
 Plan, Implement, & Manage Survey
 Managing the survey and its database to ensure national consistency
 Setting national documentation standards and identifying data sources
 Updating the database to keep it current and accurate
 Provide Logistics Support
 Refine Modeling Approaches
 Provide Data Entry Portal support
 Provide Technical Support
 Workgroup Facilitation & Support
 Review, Quality Assure, and Reconcile Data
 Reviewing documentation to ensure its acceptability and updating records
 Reviewing and approving new facility data submitted by the states
 Performing quality assurance checks on needs and population data
 Deleting needs estimates for facilities that cannot be properly documented in accordance with established documentation requirements
 Market and promote CWNS
 Prepare Final Report
 Develop & Maintain Web Reports
Collection Methodology and Management
EPA uses current technology to complete the CWNS. Since 1988, the CWNS review and update processes have been computerized to reduce the workload for the states and Regions in collecting and updating facility data. For the 17[th] survey, EPA made additional enhancements to the data entry portal to streamline data entry, including:
Restructuring data entry flow to allow users to work on similar sections sequentially,
Splitting submission of data for the facility information and needs, allowing the review process to start sooner on submitted elements while states wait for data to fill in other information,
Changing the page layout to a hybrid paginated/scrolling set up to reduce page load time,
Reducing the total number of data elements,
Use of conditional branching to create an efficient path through the survey based on previous inputs,
Providing a NPDES link for CWNS numbers early in the survey and giving the user an option to pull data from the Integrated Compliance Information System-NPDES in several places where possible, and
Providing states a view that will quickly inform them of missing facilities in the network of conveyance and treatment facilities and/or unbalanced population estimates

EPA also reviews supporting documentation submitted by states to ensure that it is current and specific to the need being described. To that end, the CWNS specifies the following documentation requirements:
A description of the current or potential water quality impairment or human health issue, or "problem",
The location of the problem,
A description of the project that will solve the problem,
The cost of each project,
The source of the cost, and
The total cost for all projects that address the problem
In addition to these criteria, the CWNS requires that documents must be current (i.e., within the prior six years) and establishes document types that are pre-approved for use in documenting needs and related costs. Cost curves and other cost estimation tools are utilized to estimate costs for documented needs that do not have documented costs.
Small Entity Flexibility
Collection of information associated with the CWNS does not involve small entities. The primary respondents are the states, usually the state water pollution control agency or the department of environmental protection. However, EPA does allow communities of less than 10,000 people to submit a simplified form (provided by states or EPA) based on the presumption that these communities may not reasonably meet CWNS need documentation requirements.
Collection Schedule
The 17th CWNS data collection and entry period are dependent on the completion date of the data collection stage of the Drinking Water Infrastructure Needs Survey and Assessment (DWINSA). The two surveys have historically been staggered to not overburden states' resources with data collection. Presuming the DWINSA's data collection is completed per the existing schedule, the CWNS data collection and entry period will be January 3, 2022 through January 2, 2023. Data quality assurance and analysis activities will be performed January 2022 through April 2023. The Report to Congress will be developed and submitted to OMB for review in Summer 2023. If the DWINSA schedule is delayed, the CWNS survey also will be delayed accordingly.
Estimating Burden and Cost
Respondent Burden
The estimates for the time for facilities to respond to request from states is 0.33 hours per facility.
Table 6-1 shows the activities states will conduct per facility and the burden for each.
Table 6-1. Respondent Time per Activity per Facility
                                   Activity
                              Time Allocation (%)
                                 Burden Hours
Obtain access & training for the data entry portal
                                       2
                                     0.03
Manage other's access to the data entry portal
                                       0
                                       0
Working with primary data suppliers (local facilities)
                                      43
                                     0.63
Compiling data from data suppliers
                                      21
                                     0.31
Data entry & document submission
                                      21
                                     0.31
Data quality assurance activities
                                      13
                                     0.19
                                                                          Total
                                      100
                                     1.47

Estimating Respondent Costs
The only respondent costs for this collection are labor costs.
Estimating Labor Costs
      The average cost to states for staff compensation including salary and benefits is estimated to be $52.36 per hour (Department of Labor, November 2020), the annual state burden hour estimate of 7,864 hours equates to annual state costs of $411,734.

      The average cost to local facilities of staff compensation and benefits is estimated to be $52.36 per hour (Department of Labor, November 2020), the annual facility burden hour estimate of 1,781 hours equates to annual facility costs of $93,270.  There are no additional costs beyond costs associated with the above labor burden hour estimate. This information is summarized in Table 6-3.

Estimating Capital Costs
      There are no capital costs associated with this collection.

Estimating Operating and Maintenance Costs
      There are no operations and maintenance costs associated with this collection.

Annualizing Capital Costs
      There are no capital costs for this collection, so they cannot be annualized.
Estimated Agency Burden and Costs
Agency costs were estimated by applying full time equivalent (FTE) hours to each activity and multiplying by an average yearly full-time compensation of an Agency employee, determined through using the 2020 GS salary rate schedule and applying a factor to account for benefits.
Agency contactor costs were estimated based on actual pre-collection contract costs and prior survey estimates. The annualized estimate for the total cost to the Federal Government is $1,138,802. Table 6-2 shows total Agency burden and costs for this collection.
Table 6-2. Agency Burden and Cost
                                   Activity
                        Agency Labor Hours / Year [FTE]
                  Agency Labor Costs / Year [$166,166K / FTE]
                          Contractor    Costs / Year
                           Total Agency Costs / Year

Contract Management
                                      0.3
                                   $49,850
                                   $18,000
                                   $67,850
Regional Assistance to States
                                     0.35
                                   $58,158

                                   $58,159
Plan, Implement, & Manage Survey
                                      0.3
                                   $49,850
                                   $55,000
                                   $104,850
Provide Logistics Support
                                     0.05
                                    $8,308
                                   $27,000
                                   $35,308
Refine Modeling Approaches
                                     0.05
                                    $8,308
                                   $55,000
                                   $63,308
Provide Data Entry Portal support
                                     0.15
                                   $24,925
                                   $150,000
                                   $174,925
Provide Technical Support
                                     0.15
                                   $24,925
                                   $70,000
                                   $94,925
Workgroup Facilitation & Support
                                      0.1
                                   $16,617
                                   $35,000
                                   $51,617
Review, Q/A, and Reconcile Data
                                      0.1
                                   $16,617
                                   $200,000
                                   $216,617
Market and promote CWNS
                                      0.3
                                   $49,850
                                   $25,000
                                   $74,850
Prepare Final Report
                                     0.45
                                   $74,775
                                   $45,000
                                   $119,775
Develop & Maintain Web Reports
                                      0.1
                                   $16,617
                                   $60,000
                                   $76,617
Annual Totals
                                      2.4
                                   $398,799
                                   $740,000
                                  $1,138,802
3-Year Totals
                                      7.2
                                  $1,196,398
                                  $2,220,000
                                  $3,416,405

Estimating the Respondent Universe and Total Burden and Costs

The state respondent universe is 56 states and territories.

The facility respondent universe was determined by estimating the total number of facilities that were updated in the prior two surveys or 16,048 facilities over the three-year period of this ICR. This value annualized is 5,349 facilities to be entered in by the 56 states and territories over the period of the ICR. Table 6-3 presents the total respondent burden and costs based on this respondent universe.

Table 6-3. Annual Respondent Burden and Cost
                                   Activity
                     Hours and Costs Per State Respondent
                    Hours and Costs Per Facility Respondent
                                 Total Annual

                                 Labor Rate/Hr
                              Respondent Hrs/Year
                                Labor Cost/Year
                                 Labor Rate/Hr
                              Respondent Hrs/Year
                                Labor Cost/Year
                                  Respondents
                                     Hours
                                     Costs
1) Obtain access & training for the Data Entry Portal (DEP)
                                     52.36
                                      2.8
                                    $8,235
                                     52.36
                                       -
                                       -
                                      56
                                      157
                                    $8,235
2) Manage others' access to the DEP
                                     52.36
                                       0
                                     $0.00
                                     52.36
                                       -
                                       -
                                      56
                                       0
                                     $0.00
3) Working with primary data suppliers
                                     52.36
                                     60.4
                                   $177,046
                                     52.36
                                       -
                                       -
                                      56
                                     3,381
                                   $177,046
4) Compiling data from data suppliers
                                     52.36
                                     29.5
                                    $86,464
                                     52.36
                                       -
                                       -
                                      56
                                     1,651
                                    $86,464
5) Data Entry & Document Submission
                                     52.36
                                     29.5
                                    $86,464
                                     52.36
                                     0.33
                                    $93,270
                                     5,405
                                     3,433
                                   $179,734
6) Data Quality Assurance Activities
                                     52.36
                                     18.3
                                    $53,525
                                     52.36
                                       -
                                       -
                                      56
                                     1,022
                                    $53,525
Annual Totals

                                      140
                                   $411,734

                                     0.33
                                    $93,270
                                     5,405
                                     9,645
                                   $505,004
3-Year Totals

                                      421
                                  $1,235,202

                                     1.00
                                   $279,811
                                     5,405
                                    28,935
                                  $1,515,013

Bottom Line Burden Hours and Costs Tables
Respondent Tally
      The total burden and costs for states and facility respondents is presented in table 6-4.

Table 6-4. Bottom Line Burden Hours and Costs for Respondents
                                  Respondent
                       Labor Hours / Respondent / Year
                             Number of Respondents
                                  Labor Rate
                            Labor Respondent Hours
                           Total Labor Costs / Year

State
                                    140.42
                                      56
                                 $52.36 / hr.
                                     7,864
                                   $411,734
Facility
                                     0.33
                                     5,349
                                 $52.36 / hr.
                                     1,781
                                   $93,270

Annual Total
                                    140.75
                                     5,405

                                     9,645
                                   $505,004
3-Year Total
                                    422.26
                                    16,216

                                    28,935
                                  $1,515,013

The Agency Tally
      The total burden and costs for the Agency is presented in Table 6-5, which includes contractor costs.

Table 6-5. Bottom Line Burden Hours and Costs for Agency
                                   Activity
                           Labor Hours / Year [FTE]
                     Labor Costs / Year
[$166,166K / FTE]
                            Contractor Costs / Year
                              Total Costs / Year
Annual Totals
                                      2.4
                                   $398,799
                                   $740,000
                                  $1,138,802
3-Year Totals
                                      7.2
                                  $1,196,398
                                  $2,220,000
                                  $3,416,405

Variations in the Annual Bottom Line
Significant variation (>25%) in the annual respondent reporting/recordkeeping burden or cost is not anticipated for this collection.
Reasons for Change in Burden
As a reinstatement, the burden described in this ICR is new. For context, the prior burden approved by OMB (0318.12) was an annual burden of 9,104 hours and an annual cost of $370,184 for non-Agency respondents. This ICR estimates an annual burden increase of 541 hours and $134,820 in costs. This adjustment is based upon an increase in facility universe, as well as an adjustment in labor rates and benefits.
Burden Statement
The annual public reporting and recordkeeping burden for this collection of information is estimated at 1.8 hours of state, local and Agency burden per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2021-0128, which is available for public viewing at http://www.regulations.gov and the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. EPA is temporarily suspending its Docket Center and Reading Room for public visitors, with limited exceptions, to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Water Docket is<PHONE_NUMBER>. Use www.regulations.gov to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select "search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID No. EPA-HQ-OW-2021-0128, and OMB control number 2040-0050 in any correspondence.


[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 58-60]
[FR Doc No: 2014-30704]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73945; File No. SR-NYSE-2014-72]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Operation of Its Supplemental Liquidity Providers Pilot,
Until the Earlier of the Securities and Exchange Commission's Approval
To Make Such Pilot Permanent or July 31, 2015

December 24, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on December 18, 2014, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to extend the operation of its Supplemental
Liquidity Providers Pilot (``SLP Pilot'' or ``Pilot'') (see Rule 107B),
currently scheduled to expire on December 31, 2014, until the earlier
of the Securities and Exchange Commission's (``Commission'') approval
to make such Pilot permanent or July 31, 2015. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to extend the operation of its SLP Pilot,\4\
currently scheduled to expire on December 31, 2014, until the earlier
of Commission approval to make such Pilot permanent or July 31, 2015.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 58877 (October 29,
2008), 73 FR 65904 (November 5, 2008) (SR-NYSE-2008-108)
(establishing the SLP Pilot). See also Securities Exchange Act
Release Nos. 59869 (May 6, 2009), 74 FR 22796 (May 14, 2009) (SR-
NYSE-2009-46) (extending the operation of the SLP Pilot to October
1, 2009); 60756 (October 1, 2009), 74 FR 51628 (October 7, 2009)
(SR-NYSE-2009-100) (extending the operation of the NMM and the SLP
Pilots to November 30, 2009); 61075 (November 30, 2009), 74 FR 64112
(December 7, 2009) (SR-NYSE-2009-119) (extending the operation of
the SLP Pilot to March 30, 2010); 61840 (April 5, 2010), 75 FR 18563
(April 12, 2010) (SR-NYSE-2010-28) (extending the operation of the
SLP Pilot to September 30, 2010); 62813 (September 1, 2010), 75 FR
54686 (September 8, 2010) (SR-NYSE-2010-62) (extending the operation
of the SLP Pilot to January 31, 2011); 63616 (December 29, 2010), 76
FR 612 (January 5, 2011) (SR-NYSE-2010-86) (extending the operation
of the SLP Pilot to August 1, 2011); 64762 (June 28, 2011), 76 FR
39145 (July 5, 2011) (SR-NYSE-2011-30) (extending the operation of
the SLP Pilot to January 31, 2012); 66045 (December 23, 2011), 76 FR
82342 (December 30, 2011) (SR-NYSE-2011-66) (extending the operation
of the SLP Pilot to July 31, 2012); 67493 (July 25, 2012), 77 FR
45388 (July 31, 2012) (SR-NYSE-2012-27) (extending the operation of
the SLP Pilot to January 31, 2013); 68560 (January 2, 2013), 78 FR
1280 (January 8, 2013) (SR-NYSE-2012-76) (extending the operation of
the SLP Pilot to July 31, 2013); 69819 (June 21, 2013), 78 FR 38764
(June 27, 2013) (SR-NYSE-2013-44) (extending the operation of the
SLP Pilot to January 31, 2014); 71362 (January 21, 2014), 79 FR 4371
(January 27, 2014) (SR-NYSE-2014-03) (extending the operation of the
SLP Pilot to July 31, 2014); and 72628 (July 16, 2014), 79 FR 42588
(July 22, 2014) (SR-NYSE-2014-34) (extending the operation of the
SLP Pilot to December, 31, 2014).
---------------------------------------------------------------------------

Background \5\
---------------------------------------------------------------------------

    \5\ The information contained herein is a summary of the ``New
Market Model'' Pilot and the SLP Pilot. See supra note 4 for a
fuller description of those pilots.
---------------------------------------------------------------------------

    In October 2008, the NYSE implemented significant changes to its
market rules, execution technology and the rights and obligations of
its market participants all of which were designed to improve execution
quality on the Exchange. These changes are all elements of the
Exchange's enhanced market model referred to as the ``New Market
Model'' (``NMM Pilot'').\6\ The SLP Pilot was launched in coordination
with the NMM Pilot (see Rule 107B).
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 58845 (October 24,
2008), 73 FR 64379 (October 29, 2008) (SR-NYSE-2008-46).
---------------------------------------------------------------------------

    As part of the NMM Pilot, NYSE eliminated the function of
specialists on the Exchange creating a new category of market
participant, the Designated Market Maker or ``DMM.'' \7\ Separately,
the NYSE established the SLP Pilot, which established SLPs as a new
class of market participants to supplement the liquidity provided by
DMMs.\8\
---------------------------------------------------------------------------

    \7\ See NYSE Rule 103.
    \8\ See NYSE Rule 107B. The Exchange amended the monthly volume
requirements to an average daily volume (``ADV'') that is a
specified percentage of NYSE consolidated ADV. See Securities
Exchange Act Release No. 67759 (August 30, 2012), 77 FR 54939
(September 6, 2012) (SR-NYSE-2012-38).
---------------------------------------------------------------------------

    The SLP Pilot is scheduled to end operation on December 31, 2014 or
such earlier time as the Commission may determine to make the rules
permanent. The Exchange is currently preparing a rule filing seeking
permission to make the SLP Pilot permanent, but does not expect that
filing to be completed and approved by the Commission before December
31, 2014.\9\
---------------------------------------------------------------------------

    \9\ The NMM Pilot was scheduled to expire on December 31, 2014.
On December 18, 2014, the Exchange filed to extend the NMM Pilot
until July 31, 2015. See SR-NYSE-2014-71. See also Securities
Exchange Act Release Nos. 72627 (July 16, 2014), 79 FR 42598 (July
22, 2014) (SR-NYSE-2014-33) (extending operation of NMM Pilot to
December 31, 2014); 71345 (January 17, 2014), 79 FR 4221 (January
24, 2014) (SR-NYSE-2014-01) (extending operation of the NMM Pilot to
July 31, 2014); 69813 (June 20, 2013), 78 FR 38753 (June 27, 2013)
(SR-NYSE-2013-43) (extending the operation of the NMM Pilot to
January 31, 2014); 68558 (January 2, 2013), 78 FR 1288 (January 8,
2013) (SR-NYSE-2012-75) (extending the operation of the NMM Pilot to
July 31, 2013); 67494 (July 25, 2012), 77 FR 45408 (July 31, 2012)
(SR-NYSE-2012-26) (extending the operation of the NMM Pilot to
January 31, 2013); 66046 (December 23, 2011), 76 FR 82340 (December
30, 2011) (SR-NYSE-2011-65) (extending the operation of the NMM
Pilot to July 31, 2012); 64761 (June 28, 2011) 76 FR 39147 (July 5,
2011) (SR-NYSE-2011-29) (extending the operation of the NMM Pilot to
January 31, 2012); 63618 (December 29, 2010) 76 FR 617 (January 5,
2011) (SR-NYSE-2010-85) (extending the operation of the NMM Pilot to
August 1, 2011); 62819 (September 1, 2010), 75 FR 54937 (September
9, 2010) (SR-NYSE-2010-61) (extending the operation of the NMM Pilot
to January 31, 2011); 61724 (March 17, 2010), 75 FR 14221 (SR-NYSE-
2010-25) (extending the operation of the NMM Pilot to September 30,
2010); and 61031 (November 19, 2009), 74 FR 62368 (SR-NYSE-2009-113)
(extending the operation of the NMM Pilot to March 30, 2010).

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

Proposal To Extend the Operation of the SLP Pilot
    The NYSE established the SLP Pilot to provide incentives for
quoting, to enhance competition among the existing group of liquidity
providers, including the DMMs, and add new competitive market
participants. The Exchange believes that the SLP Pilot, in coordination
with the NMM Pilot, allows the Exchange to provide its market
participants with a trading venue that utilizes an enhanced market
structure to encourage the addition of liquidity, facilitate the
trading of larger orders more efficiently and operates to reward
aggressive liquidity providers. As such, the Exchange believes that the
rules governing the SLP Pilot (Rule 107B) should be made permanent.
    Through this filing the Exchange seeks to extend the current
operation of the SLP Pilot until July 31, 2015, in order to allow the
Exchange to formally submit a filing to the Commission to convert the
SLP Pilot rule to a permanent rule.\10\
---------------------------------------------------------------------------

    \10\ The NYSE MKT LLC SLP Pilot (NYSE MKT Rule 107B--Equities)
is also being extended until July 31, 2015 or until the Commission
approves it as permanent (See SR-NYSEMKT-2014-110).
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
issues and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\12\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to, and
perfect the mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices and to promote
just and equitable principles of trade because it seeks to extend a
pilot program that has already been approved by the Commission. The
Exchange believes the proposed rule change is designed to facilitate
transactions in securities and to remove impediments to, and perfect
the mechanisms of, a free and open market and a national market system
because the SLP Pilot provides its market participants with a trading
venue that utilizes an enhanced market structure to encourage the
addition of liquidity and operates to reward aggressive liquidity
providers. Moreover, requesting an extension of the SLP Pilot will
permit adequate time for: (i) The Exchange to prepare and submit a
filing to make the rules governing the SLP Pilot permanent; (ii) public
notice and comment; and (iii) completion of the 19b-4 approval process.
Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition. For these reasons, the Exchange
believes that the proposal is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\13\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that extending the operation
of the SLP Pilot will enhance competition among liquidity providers and
thereby improve execution quality on the Exchange. The Exchange will
continue to monitor the efficacy of the program during the proposed
extended pilot period.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting the services it offers and the
requirements it imposes to remain competitive with other U.S. equity
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\ thereunder
because the proposal does not: (i) Significantly affect the protection
of investors or the public interest; (ii) impose any significant burden
on competition; and (iii) by its terms, become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.\16\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 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.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period so that the proposal
may become operative before the pilot's expiration. The Exchange stated
that an immediate operative date is necessary in order to immediately
implement the

proposed rule change so that member organizations could continue to
benefit from the pilot program without interruption after December 31,
2014.
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay
period is consistent with the protection of investors and the public
interest. Specifically, the Commission believes that the proposal would
allow the pilot to continue uninterrupted, thereby avoiding any
potential investor confusion that could result from the temporary
interruption in the pilot program. For these reasons, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, and designates the
proposed rule change to be operative on December 31, 2014.\18\
---------------------------------------------------------------------------

    \18\ For purposes only of waiving the operative delay for this
proposal, 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.\19\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2014-72 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2014-72. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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 available publicly. All
submissions should refer to File Number SR-NYSE-2014-72 and should be
submitted on or before January 26, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2014-30704 Filed 12-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Notices]
[Pages 52721-52722]
[FR Doc No: 2017-24581]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Number: PR18-4-000.
    Applicants: Alpine High Pipeline LLC.
    Description: Tariff filing per 284.123(b), (e)/: Petition for NGPA
Section 311 Rate Approval to be effective 9/26/2017; Filing Type: 990.
    Filed Date: 10/26/17.
    Accession Number:<PHONE_NUMBER>45.
    Comments/Protests Due: 5 p.m. ET 11/16/17.

    Docket Number: PR18-5-000.
    Applicants: American Midstream (Bamagas Intrastate), LLC.
    Description: Tariff filing per 284.123(b), (e)/: Blanket
Certificate Order SoC to be effective 10/27/2017; Filing Type: 980.
    Filed Date: 10/27/17.
    Accession Number:<PHONE_NUMBER>92.
    Comments/Protests Due: 5 p.m. ET 11/17/17.

    Docket Numbers: RP18-121-000.
    Applicants: ANR Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Amendments to
be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5074.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-122-000.
    Applicants: Great Lakes Gas Transmission Limited Partnership.
    Description: Sec.  4(d) Rate Filing: GLGT Negotiated Rate Agreement
Filing to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5076.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-123-000.
    Applicants: Northern Border Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Sequent Energy Neg Rate Agmts
to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5078.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-124-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: OTRA--Winter 2017 to be
effective 12/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5079.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-125-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Gulfport 34939, 35446 to various eff 11/1/17) to be effective 11/1/
2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5096.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-126-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (BHP
31591 to Tenaska 36709) to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5097.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-127-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Sec.  4(d) Rate Filing: Amendment to Sabine Pass
Liquefaction Negotiated Rate to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5100.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-128-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--ConEd Ramapo
releases 2 eff 11-1-2017 to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5102.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-129-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rates--Colonial
911449 and 911450 to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5104.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-130-000.
    Applicants: Algonquin Gas Transmission, LLC.

    Description: Sec.  4(d) Rate Filing: Negotiated Rates--BUG Ramapo
releases 2 eff 11-1-2017 to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5105.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-131-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: Sec.  4(d) Rate Filing: Vol. 2--Neg. and Non-
Conforming Agreement--Tenaska Mktg Ventures--Amendment to be effective
11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5106.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-132-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Sec.  4(d) Rate Filing: 2017 Fuel Tracker Filing to be
effective 4/1/2018.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5108.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-133-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Establish Fuel Tracking
Mechanism to be effective 4/1/2018.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5110.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-134-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--11/1/2017 to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5163.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-135-000.
    Applicants: Columbia Gulf Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Amendments to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5164.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-136-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
November 2017 Weatherly Oil & Gas 1010414 to be effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5192.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-137-000.
    Applicants: Enable Mississippi River Transmission, L.
    Description: Sec.  4(d) Rate Filing: MRT Housekeeping Filing Nov
2017 to be effective 12/4/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5219.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-138-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
November 2017 Chesapeake 1006966 & Spire 1005896 to be effective 11/1/
2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5243.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-139-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20171101 Negotiated Rate to be
effective 11/2/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5263.
    Comments Due: 5 p.m. ET 11/13/17.

    Docket Numbers: RP18-140-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: Direct Energy Relocation to be
effective 11/1/2017.
    Filed Date: 11/1/17.
    Accession Number: 20171101-5275.
    Comments Due: 5 p.m. ET 11/13/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified date(s). Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: November 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-24581 Filed 11-13-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44190-44192]
[FR Doc No: 2020-15972]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0433]
RIN 1625-AA00

Safety Zone; West Side of Moran Bay St. Ignace, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 560-foot radius of a recurring fireworks
display. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards associated with the
fireworks display. Entry of vessels or persons into this zone is
prohibited unless specifically

authorized by the Captain of the Port (COTP) Sault Sainte Marie.

DATES: This rule is effective without actual notice from July 22, 2020
through September 6, 2020. For the purposes of enforcement, actual
notice will be used from July 18, 2020 through July 22, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0433 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email BOSN4 Robert Gruschow, Waterways
Management, U.S. Coast Guard Sector Sault Sainte Marie; telephone
(906)-253-2462, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable due
to late notification from the event sponsor of the particulars of the
fireworks display. This safety zone is needed to be established by July
18, 2020 and remain established through September 6, 2020 in order to
protect the public from the dangers associated with a fireworks
display.
    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. Delaying the effective date of
this rule would be impracticable because action is needed to establish
a safety zone in order to protect the public from the hazards
associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Sault Sainte Marie has
determined that potential hazards associated with fireworks displays
from July 18, 2020 through September 6, 2020, occurring weekly on
Saturdays, will be a safety concern for anyone within a 560-foot radius
of the navigable waters surrounding the fireworks launching location.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. through 11 p.m.
each Saturday from July 18, 2020 through September 6, 2020. The safety
zone will cover all navigable waters within 560 feet of a fireworks
display at position 45[deg]52'11'' N, 84[deg]43'37'' W, West side of
Moran Bay in St. Ignace, MI. The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative

V. 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, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, location,
duration, and time-of-day of the safety zone. Vessel traffic will be
able to safely transit around this safety zone which would impact a
small designated area of Moran Bay in St. Ignace, MI. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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 a
safety zone lasting less than 2 hours that will prohibit entry within
560 feet of a fireworks display in the west side of Moran Bay in St.
Ignace, MI. It is categorically excluded from further review under
paragraph L[60(a)] of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0433 to read as follows

Sec.  165.T09-0433   Safety Zone; West side of Moran Bay St. Ignace,
MI.

    (a) Location. The following area is a safety zone: All navigable
water within 560 feet of the fireworks launching location at position
45[deg]52'11'' N, 84[deg]43'37'' W (NAD 83).
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Sault Sainte Marie in the enforcement of the
safety zone.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within the safety
zone described in paragraph (a) is prohibited unless authorized by the
COTP Sault Sainte Marie or a designated representative.
    (2) Before a vessel operator may enter or operate within the safety
zone, they must obtain permission from the COTP Sault Sainte Marie or a
designated representative via VHF Channel 16 or telephone at (906) 635-
3233. Vessel operators given permission to enter or operate in the
safety zone must comply with all orders given to them by the COTP Sault
Sainte Marie or a designated representative.
    (d) Enforcement period. This section will be enforced from 9:30
p.m. through 11 p.m., occurring on Saturdays each week from July 18,
2020 through September 6, 2020.

    Dated: July 17, 2020.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2020-15972 Filed 7-21-20; 8:45 am]
BILLING CODE 9110-04-P