[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Proposed Rules]
[Pages 28164-28167]
[FR Doc No: 2013-11235]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0294]
RIN 1625-AA08

Special Local Regulation; Aguada Offshore Grand Prix, Bahia de
Aguadilla; Aguada, PR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special local
regulation on the waters of Bahia de Aguadilla in Aguada, Puerto Rico
during the Aguada Offshore Grand Prix, a high speed boat race. The
event is scheduled to take place on Sunday, August 4, 2013.
Approximately 30 high-speed power boats will be participating in the
races. It is anticipated that 20 spectator crafts will be present
during the races. The special local regulation is necessary for the
safety of race participants, participant vessels, spectators, and the
general public during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before May 21, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Efrain Lopez, Sector San Juan Prevention Department,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
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, 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 email 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,
type the docket number USCG-2013-0294 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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.

2. 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,
type the docket number USCG-2013-0294 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the 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.

B. Regulatory History and Information

    The current regulations under 33 CFR 100 address safety for
reoccurring marine events. This marine event does not appear in the
current regulations; however, as it is a regulation to provide
effective control over regattas and marine parades on the navigable
waters of the United States so as to ensure safety of life in a regatta
or marine parade, this marine event needs to be temporarily added.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Aguada Offshore Grand Prix.

D. Discussion of Proposed Rule

    On August 4, 2013, Puerto Rico Offshore Series, Inc. is sponsoring
the Aguada Offshore Grand Prix, a series of high-speed boat races. The
races will be held on the waters of Bahia de Aguadilla in Aguada,
Puerto Rico. Approximately 30 high-speed power boats will be
participating in the races. It is anticipated that approximately 20
spectator vessels will be present during the races.
    The special local regulation encompasses certain waters of Bahia de
Aguadilla in Aguada, Puerto Rico. The special local regulation will be
enforced from 11 a.m. until 3 p.m. on August 4, 2013. The special local
regulation consists of the following three areas: (1) A race area,
where all persons and vessels, except those persons and vessels
participating in the high-speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; (2) a
buffer zone around the race areas, where all persons and vessels,
except those persons and vessels enforcing the buffer zone, or
authorized race participants transiting to or from the race area, are
prohibited from entering, transiting through, anchoring in, or
remaining within; and (3) a spectator area, where all vessels are
prohibited from anchoring and from traveling in excess of wake speed,
unless authorized by the Captain of the Port San Juan or a designated
representative.
    Persons and vessels may request authorization by contacting the
Captain of the Port San Juan by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16, to: (1) Enter,
transit through, anchor in, or remain within the race area or the
buffer zone; (2) anchor in the spectator area; or (3) travel in excess
of wake speed in the spectator zone. If authorization is granted by the
Captain of the Port San Juan or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port San Juan or a designated
representative. The Coast Guard will provide notice of the regulated
areas by Local Notice to Mariners, Broadcast Notice to Mariners, and
on-scene designated representatives.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    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, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only four hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
and buffer zone, or anchor or travel in excess of wake speed in the
spectator area, without authorization from the Captain of the Port San
Juan or a designated representative, they may operate in the
surrounding area during the enforcement period; (3) persons and vessels
may still enter, transit through, anchor in, or remain within the race
areas and buffer zone, or anchor in the spectator area, during the
enforcement period if authorized by the Captain of the Port San Juan or
a designated representative; and (4) the Coast Guard will provide
advance notification of the special local regulation to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Bahia de
Aguadilla encompassed within the special local regulation from 11 a.m.
until 3 p.m. on August 4, 2013. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. 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. This proposed rule involves the
creation of a special local regulation in conjunction with a regatta or
marine parade to ensure the safety of race participants, participant
vessels, spectators, and the general public during the event. This rule
is categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0294 to read as follows:

Sec.  100.35T07-0294  Special Local Regulations; Aguada Offshore Grand
Prix, Bahia de Aguadilla; Aguada, Puerto Rico.

    (a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
    (1) Race Area. All waters of Bahia de Aguadilla encompassed within
an imaginary line connecting the following points: starting at Point 1
in position 18[deg]23.402 N, 67[deg]13.026 W; thence southeast to Point
2 in position 18[deg]23.321 N, 67[deg]12.969 W; thence northeast to
Point 3 in position 18[deg]23.737 N, 67[deg]12.048 W; thence northeast
to point 4 in position 18[deg]24.161 N, 67[deg]11.603 W; thence
northwest to point 5 in position 18[deg]24.229 N, 67[deg]11.679 W;
thence southwest back to origin. All persons and vessels, except those
persons and vessels participating in the high-speed boat race, are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area.
    (2) Buffer Zone. All waters of Bahia de Aguadilla encompassed
within an imaginary line connecting the following points: Starting at
Point 1 in position 18[deg]24.263 N, 67[deg]11.677 W; thence southeast
to Point 2 in position 18[deg]23.412 N, 67[deg]13.057 W; thence
northeast to Point 3 in position 18[deg]23.291 N, 67[deg]12.977 W;
thence northeast to point 4 in position 18[deg]23.715 N, 67[deg]12.020
W; thence northwest to point 5 in position 18[deg]24.171 N,
67[deg]11.552 W; thence southwest back to origin. All persons and
vessels, except those persons and vessels participating in the high-
speed boat race, are prohibited from entering, transiting through,
anchoring in, or remaining within the race area. All persons and
vessels except those persons and vessels enforcing the buffer zone, or
race participants transiting to or from the race area, are prohibited
from entering, transiting through, anchoring in, or remaining within
the buffer zone.
    (3) Spectator Area. All waters of Bahia de Aguadilla 200 yards east
of the imaginary line connecting the following points: starting at
Point 1 in position 18[deg]23.267 N, 67[deg]13.463 W; thence southeast
to Point 2 in position 18[deg]23.104 N, 67[deg]13.262 W; thence
northeast to Point 3 in position 18[deg]23.613 N, 67[deg]11.932 W;
thence north to Point 4 in position 18[deg]24.203 N, 67[deg]11.401 W;
thence northwest to Point 3 in position 18[deg]24.365 N, 67[deg]11.534
W. All vessels are prohibited from anchoring or traveling in excess of
wake speed in the spectator area. On-scene designated representatives
will direct spectator vessels to the spectator area.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the

Captain of the Port San Juan in the enforcement of the regulated areas.
    (c) Regulations.
    (1) Except for those persons and vessels participating in the race,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the race area. Except for
those persons and vessels enforcing the buffer zone, or authorized race
participants transiting to or from the race area, all persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the buffer area. All persons are prohibited from
anchoring in or traveling in excess of wake speed in the spectator
area.
    (i) Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated areas, or to travel in
excess of wake speed in the spectator area, by contacting the Captain
of the Port San Juan by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16.
    (ii)If authorization is granted by the Captain of the Port San Juan
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Date. This section will be enforced from 11 a.m.
until 3 p.m. on August 4, 2013.

    Dated: April 25, 2013.
D.W. Pearson,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2013-11235 Filed 5-13-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65311-65313]
[FR Doc No: 2011-27133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65554; File No. SR-NASDAQ-2011-142]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Accept Inbound Orders Routed From Its Affiliates

October 13, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 6, 2011, The NASDAQ Stock Market LLC (the ``Exchange'' or
``NASDAQ''), 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 NASDAQ. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is filing with the Securities and Exchange Commission
(``Commission'') a proposed rule change to accept inbound orders routed
by Nasdaq Execution Services LLC (``NES'') from both the NASDAQ OMX PSX
facility (``PSX'') of NASDAQ OMX PHLX (``PHLX'') as well as from the
NASDAQ OMX BX Equities Market of NASDAQ OMX BX, Inc. (``BX''), as
described further below, on a one year pilot basis.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, 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, NASDAQ included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NASDAQ has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    NES provides all routing functions for The NASDAQ Stock Market
(``NASDAQ'') as well as, pursuant to recent proposed rule changes, for
BX and PHLX.\3\ Accordingly, NASDAQ now proposes that NES be permitted
to route orders from BX and PSX to the Exchange on a one year pilot
basis.
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    \3\ See Securities Exchange Act Release Nos. 65470 (October 3,
2011) (SR-BX-2011-048); and 65469 (October 3, 2011) (SR-Phlx-2011-
108).
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    NES is a broker-dealer and member of NASDAQ, PHLX and BX. BX,
NASDAQ, PHLX and NES are affiliates. This raises the issue of an
exchange's affiliation with a member of such exchange. Specifically, in
connection with prior filings, the Commission has expressed concern
that the affiliation of an exchange with one of its members raises the
potential for unfair competitive advantage and potential conflicts of
interest between an exchange's self-

regulatory obligations and its commercial interests.\4\
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    \4\ See Securities Exchange Act Release Nos. 59153 (December 23,
2008), 73 FR 80485 (SR-NASDAQ-2008-098); and 62736 (August 17,
2010), 75 FR 51861 (August 23, 2010) (SR-NASDAQ-2010-100).
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    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on NES's affiliation with the NASDAQ.\5\ The Commission
has also expressed concern regarding the potential for conflicts of
interest in instances where a member firm is affiliated with an
exchange to which it is routing orders.\6\ To address the Commission's
concerns, NASDAQ proposes to accept inbound orders that NES routes from
PHLX and BX, respectively, in its capacity as a facility of PHLX and
BX, subject to certain limitations and conditions:
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    \5\ Id.
    \6\ See Securities Exchange Act Release No. 62877 (September 9,
2010), 75 FR 56633 (September 16, 2010) (SR-PHLX-2010-79).
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     First, the Exchange and the Financial Industry Regulatory
Authority (``FINRA'') will maintain a Regulatory Contract, as well as
an agreement pursuant to Rule 17d-2 under the Act (``17d-2
Agreement'').\7\ Pursuant to the Regulatory Contract and the 17d-2
Agreement, FINRA will be allocated regulatory responsibilities to
review NES's compliance with certain Exchange rules.\8\ Pursuant to the
Regulatory Contract, however, NASDAQ retains ultimate responsibility
for enforcing its rules with respect to NES.
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    \7\ 17 CFR 240.17d-2.
    \8\ NES is also subject to independent oversight by FINRA, its
designated examining authority, for compliance with financial
responsibility requirements.
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     Second, FINRA will monitor NES for compliance with the
Exchange's trading rules, and will collect and maintain certain related
information.\9\
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    \9\ Pursuant to the Regulatory Contract, both FINRA and the
Exchange will collect and maintain all alerts, complaints,
investigations and enforcement actions in which NES (in its capacity
as a facility of PHLX or BX routing orders to the Exchange) is
identified as a participant that has potentially violated applicable
Commission or Exchange rules. The Exchange and FINRA will retain
these records in an easily accessible manner in order to facilitate
any potential review conducted by the Commission's Office of
Compliance Inspections and Examinations.
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     Third, FINRA will provide a report to the Exchange's chief
regulatory officer (``CRO''), on a quarterly basis, that: (i)
Quantifies all alerts (of which FINRA is aware) that identify NES as a
participant that has potentially violated Commission or Exchange rules,
and (ii) lists all investigations that identify NES as a participant
that has potentially violated Commission or Exchange rules.
     Fourth, the Exchange will adopt Rule 2160(c), which
requires NASDAQ OMX, as the holding company owning both the Exchange
and NES, to establish and maintain procedures and internal controls
reasonably designed to ensure that NES does not develop or implement
changes to its system, based on non-public information obtained
regarding planned changes to the Exchange's systems as a result of its
affiliation with the Exchange, until such information is available
generally to similarly situated Exchange members, in connection with
the provision of inbound order routing to the Exchange.
     Fifth, the Exchange proposes that the routing of orders
from NES to the Exchange, in NES's capacity as a facility of PHLX as
well as BX, be authorized for a pilot period of one year.
    The Exchange believes that the above-listed conditions protect the
independence of the Exchange's regulatory responsibility with respect
to NES, and that these mitigate the aforementioned concerns about
potential conflicts of interest and unfair competitive advantage.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\10\ in general, and with
Sections 6(b)(5) of the Act,\11\ in particular, in that the proposal 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
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest, because the
proposed rule change will allow the Exchange to receive inbound routes
of orders from NES, acting in its capacity as a facility of PHLX or BX,
in a manner consistent with prior approvals and established
protections. The Exchange believes that the proposed conditions
establish mechanisms that protect the independence of the Exchange's
regulatory responsibility with respect to NES, as well as ensure that
NES cannot use any information it may have because of its affiliation
with the Exchange to its advantage.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor 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\
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    \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.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Exchange believes that the waiver of the 30-day
operative delay is consistent with the protection of investors and the
public interest because it would benefit users by offering more
opportunities for their orders to be executed.\14\ The Commission notes
that the proposed rule change is consistent with rules of other
national securities exchanges, and does not raise any new substantive
issues.\15\ 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 proposal to be operative
upon filing with the Commission.\16\
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    \14\ See SR-NASDAQ-2011-142, Item 7.
    \15\ See, e.g., Securities Exchange Act Release Nos. 62901
(September 13, 2010), 75 FR 57097 (September 17, 2010) (SR-BATS-
2010-024); and 64729 (June 23, 2011), 76 FR 38232 (June 29, 2011)
(SR-NYSE-2011-24).
    \16\ 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).

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    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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2011-142 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-NASDAQ-2011-142. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for 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
available publicly. All submissions should refer to File Number SR-
NASDAQ-2011-142 and should be submitted on or before November 10, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-27133 Filed 10-19-11; 8:45 am]
BILLING CODE 8011-01-P


USA, Post Harvest Use on Dry Cured Pork Products, Response to June 2004 Questions Page 1 NOMINATING PARTY: The United States of America BRIEF DESCRIPTIVE TITLE OF NOMINATION: Methyl Bromide Critical Use Nomination for Post Harvest Use on Dry Cured Pork Products DOCUMENT NUMBER CUN 2003/ 048, Us56N6 DATE August 12, 2004 CRITICAL NEED FOR METHYL BROMIDE TABLE 1. REGION, KEY PESTS, AND SPECIFIC REASON FOR METHYL BROMIDE ON DRY CURED PORK PRODUCTS REGION WHERE METHYL BROMIDE USE IS REQUESTED GENUS AND SPECIES FOR WHICH THE USE OF METHYL BROMIDE IS CRITICAL SPECIFIC REASON WHY METHYL BROMIDE IS NEEDED Red Legged Ham Beetle Necrobia rufipes   common pest The adults feed on the cured meat. The larvae burrow into the meat and fat. The larvae are commonly referred to as a " Ham Borer" Cheese/ Ham Skipper Piophila casei   common pest The Skippers are larval stages of small flies and they burrow into the cured meat. Dermested beetles Dermestes spp common pests The adults and larvae feed on the cured meat. Kentucky, Missouri, North Carolina, South Carolina, Tennessee, Virginia Ham Mites Several mite species  common pest The mites feed on the surface of the cured meat.

AMOUNT OF METHYL BROMIDE NOMINATED TABLE 2. AMOUNT OF METHYL BROMIDE NOMINATED* BY THE U. S. IN 2005 AND 2006. 2005 ( KG) 2006 ( KG) DESCRIPTION 135,397 135,742 Amounts have changed from original U. S. 2005 nomination due to recategorization and new CUEs ( National Country Ham, Nahunta Pork Center, and American Association of Meat Processors). Reduction in use rate imposed by U. S. on applicants.   2005 Nomination includes 2005 Supplemental Requested nomination amount. USA, Post Harvest Use on Dry Cured Pork Products, Response to June 2004 Questions Page 2 FIGURE 1. U. S. VOLUME REQUESTED AND NOMINATED FOR SMOKEHOUSE HAM 0 1000 2000 3000 4000 5000 6000 7000 8000 Smokehouse Ham Volume ( 1000 m3)

Requested by applicants Nominated by US Footnote: The requested volumes are sum total for all CUE applications. The nominated volume reflects reductions to ensure that no double counting, growth, etc. were included and that the amount was only sufficient to cover situations ( key pests, regulatory requirements, etc.) where alternatives could not be used. Total pounds of methyl bromide nominated by the United States government for this sector are based on the nominated volume. See the accompanying spreadsheet 2006 Bromide Usage Numerical Index or " BUNI" ( Filename: USA 2006 BUNI   Refined Nomination Package. xls) for more detailed information on how the nominated amount was determined.

RESPONSE TO QUESTIONS MBTOC Question 1   MBTOC is unable to assess this CUN. A CUE of 0.907 tonnes was approved by the EMOP for this use for 2005. The Party states historical use have varied from 972 kg and 1659 kg per year for the past few years. MBTOC does not recognize any viable alternatives for the use, but requests clarification of the reasons for the large increase in quantity of use leading to the nomination and further information on why this need is critical?

US Response  There are more than 1,650 pork production facilities in the United States. Of these, approximately 850 facilities currently use methyl bromide to fumigate dry cured pork products.

Initially in 2002, Gwaltney of Smithfield was the only CUE applicant from the entire dry cured pork product industry. The U. S. government contacted several other dry cured pork produced to determine how they controlled these pests. At this time ( late 2002), several other producers ( the National Country Ham Association, Wayco Ham Company, Ozark Country Hams, Nahunta Pork Center, and the American Association of Meat Processors) indicated that they would like to apply for a CUE as well. However, they did not have adequate time to adequately gather and prepare the information for a CUE application for consideration in the first round for 2005. While the U. S. was aware of these additional producers, it did not have the necessary information to complete the application package. Therefore, the initial amount of methyl bromide requested in 2002 did not reflect the total use of methyl bromide in the industry because it only reflected the amount needed by this single applicant, Gwaltney.

In 2003, CUE applications were received from the National Country Ham Association, Nahunta Pork Center, and the American Association of Meat Processors. The amount of methyl bromide requested in these 2003 CUE's represented a majority of the pork production facilities in the USA, Post Harvest Use on Dry Cured Pork Products, Response to June 2004 Questions Page 3 U. S. The U. S. has not been contacted by any additional pork producers and considers the current request to reflect the need for methyl bromide in this industry sector.

There are no registered alternatives for use on dry cured pork products in the U. S. Dry cured pork producers need methyl bromide because of the damage that can occur due to insect and mites. It is common for producers of dry cured pork products to experience pest pressure from insects such as the ham skipper, the red legged ham beetle, and mites. These insects infest and feed on meat as it cures and ages. Infested products are not acceptable to consumers. Environmental conditions such as temperature and humidity in and around the curing facility influence the level of pest pressure. In general, higher temperature and humidity levels in the facilities result in higher pest pressure; in the southeastern states where many facilities are located, temperatures and humidity are high for long periods of time. There are no registered alternatives for use on dry cured pork products in the U. S.

References 2006 Bromide Usage Numerical Index ( BUNI)   Refined Nomination Package. Attached to U. S. Response to Questions as an Excel Spreadsheet.


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5178-5179]
[FR Doc No: 2021-01036]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-856-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; PGR Lessee P,
LLC

    This is a supplemental notice in the above-referenced proceeding of
PGR Lessee P, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.

    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is February 1, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: January 12, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-01036 Filed 1-15-21; 8:45 am]
BILLING CODE 6717-01-P