[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45901-45903]
[FR Doc No: 2019-18868]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0329]
RIN 1625-AA08

Special Local Regulation; Ohio River, Portsmouth, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters on the Ohio River in the vicinity
of Portsmouth, OH. This special local regulation is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by a marine regatta. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 9 a.m. on August 31, 2019 through 4
p.m. on September 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0329 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 on this rule,
call or email MST3 Wesley Cornelius, MSU Huntington, U.S. Coast Guard;
304-733-0198<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 it is impracticable. It is
impracticable to publish an NPRM because we must establish this zone by
August 31, 2019 and lack sufficient time to request comments and
respond to those comments before the zone must be established.
    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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with a marine regatta at Portsmouth, OH.

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 Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
Portsmouth Boat Race starting August 31, 2019, will be a safety concern
for anyone from mile marker (MM) 355.5 to MM 356.8 on the Ohio River.
The special local regulation will be enforced on a small area of the
Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7 a.m.
through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4 p.m.
on September 2, 2019. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
special local regulation for the duration of the Portsmouth Boat Race.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 9 a.m. on
August 31, 2019 through 4 p.m. on September 2, 2019. This regulation
will cover all navigable waters of the Ohio River from MM 355.5 to MM
356.8. The duration of the special local regulation is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the Portsmouth Boat Race. No vessel or person
will be permitted to enter the special local regulation without
obtaining permission from the COTP or a designated representative.
Persons or vessels desiring to enter into or pass through the zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.
    Persons and vessels permitted to enter the safety zone must transit
at the slowest safe speed and comply with all lawful directions issued
by the COTP or a designated representative. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners of the enforcement period for the safety zone, as well as any
changes in the dates and times of enforcement.

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,
and duration of the special local regulation. The special local
regulation will be enforced from mile marker (MM) 355.5 to MM 356.8 on
the Ohio River from 9 a.m. through 6 p.m. on August 31, 2019, from 7
a.m. through 5:30 p.m. on September 1, 2019, and from 7 a.m. through 4
p.m. on September 2, 2019. Breaks have been scheduled so that the event
does not significantly impede commercial traffic. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via

VHF-FM marine channel 16 about the zone and the rule would allow
vessels to seek permission to enter or transit 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

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 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 special local regulation lasting from
August 31, to September 2, 2019 that would periodically restrict entry
into the race course from MM 355.5 to MM 356.8. It is categorically
excluded from further review under paragraph L61 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

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 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0329 to read as follows:

Sec.  100.35T08-0329   Special Local Regulation; Ohio River,
Portsmouth, OH.

    (a) Location. All navigable waters of the Ohio River from MM 355.5
to MM 356.8 Portsmouth, OH.
    (b) Effective period. This section is effective from August 31,
2019 through September 2, 2019.
    (c) Enforcement period. The section will be enforced from 9 a.m.
through 6 p.m. on August 31, 2019, from 7 a.m. through 5:30 p.m. on
September 1, and from 7 a.m. through 4 p.m. on September 2, 2019.
    (d) Special local regulations. (1) In accordance with the general
regulations in Sec.  100.35, entry into this area is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative.
    (2) Vessels are permitted to transit the regulated area during
scheduled breaks for commercial traffic. There shall be no anchoring or
loitering in the navigation channel. Vessels transiting into and away
from this area are restricted to the slowest safe speed creating
minimum wake.
    (3) The COTP may terminate the event or the operation of any vessel
at any time it is deemed necessary for the protection of life or
property.
    (4) All persons or vessels desiring entry into or passage through
the area must request permission from the COTP or a designated
representative. U. S. Coast Guard Sector Ohio Valley may be contacted
on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: August 23, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Ohio Valley.
[FR Doc. 2019-18868 Filed 8-30-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Notices]
[Pages 14161-14166]
[FR Doc No: 2019-06925]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85499; File No. SR-FINRA-2019-007]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Adopt Rule 7640B, Data Products Offered by NYSE

April 3, 2019.
    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 March 25, 2019, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    FINRA is proposing to adopt FINRA Rule 7640B (Data Products Offered
By NYSE) to (1) describe FINRA's practices relating to the distribution
of market data for over-the-counter (``OTC'') transactions in NMS
stocks generated through the operation of the FINRA/NYSE Trade
Reporting Facility (``FINRA/NYSE TRF'') by NYSE Market (DE), Inc.
(``NYSE Market'') and its affiliate, New York Stock Exchange LLC
(``NYSE''); and (2) identify NYSE products that distribute FINRA/NYSE
TRF data to third parties.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
Background
    The FINRA Trade Reporting Facilities (``TRFs'') are facilities for
the reporting of OTC transactions in NMS stocks that allow the TRF
``Business Members,'' which themselves are affiliates of self-
regulatory organizations (``SROs''), to retain commercial use of the
market data reported to the respective TRFs.\4\ The operation of each
TRF is governed by a Limited Liability Company Agreement (the ``LLC
Agreement'') between FINRA and the respective Business Member. (The LLC
Agreements, which were submitted as part of the rule filings to
establish the respective TRFs and subsequently amended and restated,
appear in the FINRA Manual.)
---------------------------------------------------------------------------

    \4\ The establishment of each TRF was subject to a proposed rule
change filed with the Commission. See Securities Exchange Act
Release No. 54084 (June 30, 2006), 71 FR 38935 (July 10, 2006)
(Order Approving File No. SR-NASD-2005-087); Securities Exchange Act
Release No. 55325 (February 21, 2007), 72 FR 8820 (February 27,
2007) (Notice of Filing and Immediate Effectiveness of File No. SR-
NASD-2007-011); and Securities Exchange Act Release No. 83559 (June
29, 2018), 83 FR 31589 (July 6, 2018) (Order Approving File No. SR-
FINRA-2018-013).
---------------------------------------------------------------------------

    Under the LLC Agreement, FINRA is the ``SRO Member'' and has sole
regulatory responsibility for the TRF, including real-time monitoring
and T+1 surveillance, development and enforcement of trade reporting
rules and submission of proposed rule changes to the Commission. The
Business Member under the LLC Agreement is primarily responsible for
the management of the TRF's business affairs, which may not be
conducted in a manner inconsistent with the regulatory and oversight
functions of FINRA. Among other things, the Business Member establishes
pricing for the TRF and is obligated to pay the cost of regulation and
is entitled to the profits and losses, if any, derived from operation
of the TRF. The Business Member also provides the ``user facing''
front-end technology used to operate the TRF and transmit in real time
trade report data directly to the NMS securities information processors
(``SIPs'') and to FINRA for audit trail purposes.
    Under the terms of the business arrangement between FINRA and the
Business Members, each TRF owns data resulting from its operation. Each
Business Member has a non-exclusive, irrevocable, worldwide, perpetual,
royalty-free right and license to use market data generated by its TRF,
other than data generated exclusively for regulatory purposes
(``covered market data''),\5\ consistent with all applicable laws,
rules and regulations, and has a contractual right to sell covered
market data to third parties.\6\ Accordingly, although the TRFs are
facilities of FINRA, the Business Members have the right under the
contractual arrangements establishing the TRFs to develop market data
products using covered market data. As each Business Member is an
affiliate of an SRO, use of TRF data is conducted through the Business
Member's affiliated SRO, is subject to a separate proposed rule change
filed with the Commission by the affiliate in its SRO capacity and must
satisfy the appropriate statutory standards.
---------------------------------------------------------------------------

    \5\ For purposes of proposed Rule 7640B, ``covered market data''
would be defined as market data generated by the FINRA/NYSE TRF,
other than data generated exclusively for regulatory purposes.
    \6\ Under the TRF contracts, FINRA has a non-exclusive,
irrevocable, worldwide, perpetual, royalty-free right and license to
use the data generated by the TRF to fulfill its contractual rights
and obligations, as well as its obligations as an SRO.
---------------------------------------------------------------------------

    In addition to real-time interaction with Business Member staff
when operational issues arise, FINRA currently executes its SRO
oversight functions by performing a three-part regularly recurring
review of TRF operations. First, before initial operation of the TRF
can commence, the Business Member is required to certify in writing
that TRF operations will comply with all relevant FINRA rules and
federal securities laws, and on a quarterly basis thereafter, the
Business Member must submit its current TRF procedures and a
certification of compliance with those procedures. Second, FINRA staff
conducts monthly conference calls with each Business Member to review
TRF operations. These monthly calls follow an established agenda,
including discussion of, among other things: (1) Any system outages or
issues since the prior monthly conference call (as well as any
applicable reporting to FINRA and the SEC), (2) the status of pending
systems changes, and (3) TRF market data products, including data
latency and whether the Business Member has or is developing any new
products that would use TRF data. Third, FINRA oversees a regular
assessment cycle and extensive review of TRF operations, as measured
against the TRF business requirements document and coding guidelines
established by FINRA, by an outside independent audit firm. FINRA also
requires the Business Members to submit on a quarterly basis an
attestation that (1) identifies all products that use TRF data, and (2)
certifies that the Business Member has no other products that use TRF
data and that any future products that use TRF data will be developed
in consultation with FINRA.
    Under the TRF framework, the Business Member must ensure, among
other things, that the distribution and sale of market data products
that use TRF data are consistent with the requirements of the Act. In
addition to FINRA's general oversight of TRF operations, and in
furtherance of FINRA's SRO responsibilities with respect to OTC market
data, FINRA requires that each Business Member (and its SRO affiliate)
make specific commitments and undertakings with respect to its products
that use TRF data. Among other things, the Business Member will,
consistent with the Commission's interpretation of Rule 603(a) under
SEC Regulation NMS, take reasonable steps to ensure--through system
architecture, monitoring, or otherwise--that it does not transmit TRF
transaction data to vendors or users any sooner than the TRF transmits
the data to the SIPs.\7\ The Business Member also must have in place
procedures and controls to ensure that its products that use TRF data
are not distributed prior to dissemination of TRF data to the SIPs,
including monitoring for compliance with this obligation.
---------------------------------------------------------------------------

    \7\ Rule 603(a), 17 CFR 242.603(a), provides as follows:
    (1) Any exclusive processor, or any broker or dealer with
respect to information for which it is the exclusive source, that
distributes information with respect to quotations for or
transactions in an NMS stock to a securities information processor
shall do so on terms that are fair and reasonable.
    (2) Any national securities exchange, national securities
association, broker, or dealer that distributes information with
respect to quotations for or transactions in an NMS stock to a
securities information processor, broker, dealer, or other persons
shall do so on terms that are not unreasonably discriminatory.
    In adopting Regulation NMS, the Commission stated that ``adopted
Rule 603(a) prohibits an SRO or broker-dealer from transmitting data
to a vendor or user any sooner than it transmits the data to a
Network processor.'' See Securities Exchange Act Release No. 51808
(June 9, 2005), 70 FR 37496, 37567 (June 29, 2005) (Adopting
Release; File No. S7-10-04).
    In a subsequent order, the Commission stated that ``exchanges
have an obligation under Rule 603(a) to take reasonable steps to
ensure--through system architecture, monitoring, or otherwise--that
they release data relating to current best-priced quotations and
trades through proprietary feeds no sooner than they release data to
the Network Processor, including during periods of heavy trading.''
See Securities Exchange Act Release No. 67857 (September 14, 2012)
(Order Instituting Administrative and Cease-and-Desist Proceedings;
File No. 3-15023).
---------------------------------------------------------------------------

    In this regard, NYSE, the Business Member's affiliated SRO, has
tools to compare the time of transmission of

data to the SIPs and to NYSE's proprietary data feeds that use
corresponding data to determine whether data was transmitted to a
proprietary vendor or user sooner than to the SIPs. In addition, NYSE
monitors the overall operational performance of its proprietary and SIP
market data feeds intraday and has developed escalation and reporting
procedures in the event that issues are detected. NYSE has represented
to FINRA that these tools and procedures would be used for purposes of
monitoring for potential latency for any future real-time products
developed by NYSE that use and distribute FINRA/NYSE TRF data (provided
such data is also required to be provided to the SIPs).
    As further detailed below, NYSE will be adding FINRA/NYSE TRF
transaction data to its existing data feeds, and, as such, NYSE will
leverage the existing Rule 603(a) compliance programs for those data
feeds for purposes of ensuring compliant distribution of FINRA/NYSE TRF
transaction data contained therein.
Proposed FINRA Rule 7640B
    FINRA is proposing to adopt new Rule 7640B to address the
distribution of FINRA/NYSE TRF data in market data products developed
by NYSE. Proposed Rule 7640B is substantively identical to current Rule
7640A, which addresses the distribution of FINRA/Nasdaq TRF data in
market data products developed by Nasdaq, Inc., as the FINRA/Nasdaq TRF
Business Member, and its wholly owned SRO subsidiary, The NASDAQ Stock
Market LLC. Rule 7640A was adopted and amended pursuant to proposed
rule changes filed with the Commission.\8\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 71350 (January 17,
2014), 79 FR 4218 (January 24, 2014) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2014-002); and Securities
Exchange Act Release No. 76385 (November 6, 2015), 80 FR 70277
(November 13, 2015) (Notice of Filing and Immediate Effectiveness of
File No. SR-FINRA-2015-045).
---------------------------------------------------------------------------

    As noted above, the FINRA/NYSE TRF is a facility of FINRA and
FINRA/NYSE TRF data is OTC data for which FINRA is responsible under
the Act. However, any market data products would be distributed and
sold by NYSE Market, the Business Member, through NYSE, its affiliated
SRO, not FINRA. As such, paragraphs (a) and (b) of proposed Rule 7640B
codify the contractual arrangements between FINRA and NYSE Market and
provide for the overall structure relating to the FINRA/NYSE TRF and
the permissible use of FINRA/NYSE TRF data. For example, proposed
paragraph (b) provides that fees for market data products that use
covered market data are charged by NYSE pursuant to an NYSE rule
filing.\9\ Such fees must be adopted pursuant to a proposed rule change
submitted to the Commission pursuant to Section 19(b) of the Act, and
NYSE must demonstrate that the fees are consistent with the
requirements of the Act, including that they are reasonable, equitably
allocated and not unfairly discriminatory. Paragraph (c) of proposed
Rule 7640B identifies NYSE products that use FINRA/NYSE TRF data
pursuant to a proposed rule change filed by NYSE with the Commission,
and specifically the NYSE Trades market data feed \10\ and NYSE BQT
market data feed.\11\
---------------------------------------------------------------------------

    \9\ FINRA notes that such fees can be found in the ``NYSE PDP
Market Data Pricing'' fee schedule, available at www.nyse.com/publicdocs/nyse/data/NYSE_Market_Data_Pricing.pdf.
    \10\ See Securities Exchange Act Release No. 59606 (March 19,
2009), 74 FR 13293 (March 26, 2009) (Order Approving File No. SR-
NYSE-2009-04); Securities Exchange Act Release No. 69272 (April 2,
2013), 78 FR 20983 (April 8, 2013) (Notice of Filing and Immediate
Effectiveness of File No. SR-NYSE-2013-23); Securities Exchange Act
Release No. 70066 (July 30, 2013), 78 FR 47474 (August 5, 2013)
(Notice of Filing and Immediate Effectiveness of File No. SR-NYSE-
2013-53); and Securities Exchange Act Release No. 76599 (December 9,
2015), 80 FR 77676 (December 15, 2015) (Notice of Filing and
Immediate Effectiveness of File No. SR-NYSE-2015-65).
    \11\ See Securities Exchange Act Release No. 73553 (November 6,
2014), 79 FR 67491 (November 13, 2014) (Order Approving File No. SR-
NYSE-2014-40); and Securities Exchange Act Release No. 83359 (June
1, 2018), 83 FR 26507 (June 7, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-NYSE-2018-22).
---------------------------------------------------------------------------

    FINRA notes that pursuant to the Consolidated Tape Association
(``CTA'') Plan and the Nasdaq Unlisted Trading Privileges (``UTP'')
Plan, if a proprietary feed includes trades reported by the TRF to the
SIP processor, then the TRF must also furnish the SIP processor with
the time of the transmission as published on the proprietary feed.\12\
This time stamp is in addition to the time of the transaction, which,
for TRF trades, is the time of execution that a FINRA member reports to
a TRF in accordance with FINRA rules. FINRA/NYSE TRF data will not be
included in the NYSE Trades market data feed and the NYSE BQT market
data feed until the required systems changes have been made to enable
the FINRA/NYSE TRF to provide the SIP processor [sic] with the time of
transmission as published on the feeds.
---------------------------------------------------------------------------

    \12\ See CTA Plan Section VI(c) and UTP Plan Section VIII.B.
---------------------------------------------------------------------------

NYSE Trades Market Data Feed
    Pursuant to proposed rule change SR-NYSE-2019-06, NYSE is proposing
to enhance the content of the NYSE Trades market data feed product
offering by adding FINRA/NYSE TRF data.\13\ As noted in its filing,
NYSE is not proposing to revise the fees for the NYSE Trades feed in
conjunction with this enhancement. Such fees were adopted pursuant to
proposed rule changes filed with the Commission by NYSE.\14\
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 85186 (February 25,
2019), 84 FR 7156 (March 1, 2019) (Notice of Filing and Immediate
Effectiveness of File No. SR-NYSE-2019-06).
    \14\ See, e.g., Securities Exchange Act Release No. 59606 (March
19, 2009), 74 FR 13293 (March 26, 2009) (Order Approving File No.
SR-NYSE-2009-04); and Securities Exchange Act Release No. 69272
(April 2, 2013), 78 FR 20983 (April 8, 2013) (Notice of Filing and
Immediate Effectiveness of File No. SR-NYSE-2013-23).
---------------------------------------------------------------------------

    As described in proposed rule change SR-NYSE-2019-06, NYSE Trades
is an NYSE-only last sale market data feed. NYSE Trades currently
allows vendors, broker-dealers and others to receive on a real-time
basis the same last sale information that NYSE reports under the CTA
Plan and the UTP Plan for inclusion in the CTA and UTP SIP consolidated
data streams. Specifically, the NYSE Trades feed includes, for each
security traded on NYSE, the real-time last sale price, time and size
information, and a stock summary message. The stock summary message
updates every minute and includes NYSE's opening price, high price, low
price, closing price, and cumulative volume for the security.
    NYSE is proposing to enhance the content of the NYSE Trades feed by
including information for OTC trades in NMS stocks reported to the
FINRA/NYSE TRF. The FINRA/NYSE TRF data disseminated via the NYSE
Trades feed would include the same real-time last sale price, time and
size information for each trade reported to the FINRA/NYSE TRF that the
FINRA/NYSE TRF reports under the CTA Plan and UTP Plan for inclusion in
the CTA and UTP SIP consolidated data streams. The FINRA/NYSE TRF data
would also identify whether the trade was reported to the FINRA/NYSE
TRF on a T+1 (or greater) basis. Unlike for securities traded on NYSE,
the FINRA/NYSE TRF data would not include a stock summary message,
which relates to exchange-specific activity only. FINRA/NYSE TRF trades
would clearly be denoted as such in the NYSE Trades feed to ensure that
they are not mistaken for trades executed on the exchange.\15\
---------------------------------------------------------------------------

    \15\ FINRA notes that FINRA/NYSE TRF and exchange activity also
must be separate and distinct and cannot be commingled in volume and
market share statistics in the aggregate.
---------------------------------------------------------------------------

    NYSE has represented to FINRA that the NYSE Trades feed is already
architected so that trades on the NYSE

platforms are transmitted to the SIPs before being transmitted to the
NYSE Trades feed. The addition of FINRA/NYSE TRF data to the NYSE
Trades feed will follow a similar protocol. OTC trades reported by the
FINRA/NYSE TRF are presently transmitted to the SIPs by the same
systems that transmit NYSE trades to the SIPs, and the same
architecture can be leveraged to ensure that the sequencing of
transmission of OTC trades is to the SIPs first and to the NYSE Trades
feed second. Once FINRA/NYSE TRF data is added to the NYSE Trades feed,
NYSE, the Business Member's affiliated SRO, will continue to take
reasonable steps to ensure its distribution of the NYSE Trades feed
complies with Rule 603(a) through its existing compliance monitoring
program for same.
NYSE BQT Data Feed
    With this proposed rule change, FINRA/NYSE TRF data disseminated
via the NYSE Trades feed would also be included as part of the NYSE BQT
data feed. As described in proposed rule change SR-NYSE-2019-06, the
NYSE BQT data feed provides a unified view of best bid and offer
(``BBO'') and last sale information for NYSE and its affiliates, NYSE
Arca, Inc. (``NYSE Arca''), NYSE National, Inc. (``NYSE National'') and
NYSE American LLC (``NYSE American''), and consists of data elements
from eight existing market data feeds: NYSE Trades, NYSE BBO, NYSE Arca
Trades, NYSE Arca BBO, NYSE National BBO, NYSE National Trades, NYSE
American Trades and NYSE American BBO. The NYSE BQT data feed would,
therefore, include the FINRA/NYSE TRF data as part of the data it
receives via the NYSE Trades market data feed. NYSE is not proposing to
amend the fees for the NYSE BQT data feed. Such fees were adopted
pursuant to proposed rule changes filed with the Commission by
NYSE.\16\
---------------------------------------------------------------------------

    \16\ See, e.g., Securities Exchange Act Release No. 73816
(December 11, 2014), 79 FR 75200 (December 17, 2014) (Notice of
Filing and Immediate Effectiveness of File No. SR-NYSE-2014-64); and
Securities Exchange Act Release No. 83360 (June 1, 2018), 83 FR
26511 (June 7, 2018) (Notice of Filing and Immediate Effectiveness
of File No. SR-NYSE-2018-24).
---------------------------------------------------------------------------

    NYSE has represented to FINRA that because the NYSE BQT feed is, by
design, always more latent than the NYSE Trades feed, the above-
described Rule 603(a) compliance program for the NYSE Trades feed is
sufficient to assure that distribution of FINRA/NYSE TRF data via the
NYSE BQT feed also satisfies Rule 603(a). FINRA will periodically
reassess satisfaction with this requirement as part of its regular
oversight of the FINRA/NYSE TRF.
    FINRA believes that NYSE's proposed use of FINRA/NYSE TRF data in
the NYSE Trades and NYSE BQT feeds satisfies the requirement that
FINRA/NYSE TRF transaction data not be transmitted to a vendor or user
any sooner than such data is transmitted to the SIPs. As part of
FINRA's regular oversight of the FINRA/NYSE TRF, FINRA will review for
such compliance.
    FINRA anticipates that for any future products developed by NYSE
that use FINRA/NYSE TRF data, NYSE will submit a proposed rule change
and FINRA will submit a companion filing proposing to amend Rule
7640B(c). In addition, NYSE Market and NYSE will be required to make
the specific commitments and undertakings described above regarding the
inclusion of FINRA/NYSE TRF data in any new data offering.\17\
---------------------------------------------------------------------------

    \17\ FINRA notes that FINRA and NYSE occasionally provide FINRA/
NYSE TRF data to the Commission, other government agencies and
members of the academic community for the purpose of studying the
market. While in the latter case, data generally is in an aggregated
format that does not allow identification of the activity of
specific market participants, FINRA on occasion may provide
attributed data to the academic community pursuant to a non-
disclosure agreement.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. The proposed rule change will be operative on April 29,
2019.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\18\ which requires, among
other things, that FINRA rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
promote market transparency by allowing the development by NYSE,
consistent with the guidelines set forth in proposed Rule 7640B, of
market data products using FINRA/NYSE TRF data for distribution to
FINRA/NYSE TRF participants, other market participants and the
investing public. FINRA notes that proposed Rule 7640B is substantively
identical to current Rule 7640A, which addresses the inclusion of
FINRA/Nasdaq TRF data in market data products offered by Nasdaq. Rule
7640A was adopted and amended pursuant to proposed rule changes filed
with the Commission.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78o-3(b)(6).
    \19\ See Securities Exchange Act Release No. 71350 (January 17,
2014), 79 FR 4218 (January 24, 2014) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2014-002); and Securities
Exchange Act Release No. 76385 (November 6, 2015), 80 FR 70277
(November 13, 2015) (Notice of Filing and Immediate Effectiveness of
File No. SR-FINRA-2015-045).
---------------------------------------------------------------------------

    FINRA also believes that the proposed rule change is consistent
with the provisions of Section 15A(b)(5) of the Act,\20\ which
requires, among other things, that FINRA rules provide for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system that
FINRA operates or controls. As noted above, the fees for the NYSE
Trades and NYSE BQT feeds will not be charged by FINRA under FINRA
rules, but rather will be charged by NYSE pursuant to NYSE filings.
Such fees have been adopted pursuant to a proposed rule change
submitted to the Commission pursuant to Section 19(b) of the Act, in
which NYSE was required to demonstrate that the fees are consistent
with the requirements of the Act, including that they are reasonable,
equitably allocated and not unfairly discriminatory.\21\
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78o-3(b)(5).
    \21\ See, e.g., Securities Exchange Act Release No. 59606 (March
19, 2009), 74 FR 13293 (March 26, 2009) (Order Approving File No.
SR-NYSE-2009-04); and Securities Exchange Act Release No. 69272
(April 2, 2013), 78 FR 20983 (April 8, 2013) (Notice of Filing and
Immediate Effectiveness of File No. SR-NYSE-2013-23).
---------------------------------------------------------------------------

    FINRA believes that the proposed rule change is consistent with the
Act because subscription to the NYSE Trades and NYSE BQT feeds is not
mandatory and NYSE's fees for the feeds apply uniformly to all members
and other market participants that elect to subscribe to the products.
In addition, FINRA believes that, as described in proposed rule change
SR-NYSE-2019-06, the existence of alternatives to the NYSE Trades feed
(or NYSE BQT, through which FINRA/NYSE TRF data derived from the NYSE
Trades feed can be obtained)--including real-time consolidated data,
free delayed consolidated data and proprietary data from other
sources--ensures that NYSE is not unreasonably discriminatory because
vendors and subscribers can elect alternatives. As further noted in SR-
NYSE-2019-06, the enhanced products would be available to all market
participants on an equivalent basis with no change in price.
    Finally, FINRA believes that use of FINRA/NYSE TRF market data, as
set forth in proposed Rule 7640B, is consistent with Rule 603(a) of SEC
Regulation NMS, which requires, among other things, that distributions
of certain data by FINRA not be unreasonably

discriminatory.\22\ The Commission clarified in its adopting release
that SEC Regulation NMS prohibits an SRO from transmitting quotation
and transaction data to a vendor or user any sooner than it transmits
the data to a network processor. As discussed above, NYSE, the Business
Member's affiliated SRO, must ensure that distribution of market data
products that use FINRA/NYSE TRF data is consistent with this
requirement, and FINRA will require that NYSE Market and NYSE make
specific commitments and undertakings, including real-time monitoring
for potential data latency, with respect to all FINRA/NYSE TRF data
products.
---------------------------------------------------------------------------

    \22\ See Rule 603(a)(2) of SEC Regulation NMS.
---------------------------------------------------------------------------

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

    As discussed in SR-NYSE-2019-06, NYSE proposes to enhance the
content of its proprietary data feeds by disseminating the FINRA/NYSE
TRF data via the NYSE Trades and NYSE BQT data feeds. NYSE expects that
the proposed addition to the data feeds would enable NYSE to better
compete with Nasdaq, which already offers FINRA/Nasdaq TRF data in its
data feeds to subscribers. NYSE underlines the motivation of the
proposal by stating in its filing that ``the proposal would improve the
content included in the NYSE Trades feed and provide investors with an
additional option for accessing information that may help to inform
their trading decisions.''
Economic Baseline
    Proprietary market data is produced by trading and quoting activity
at each individual exchange, as well as other entities in the OTC
market, such as internalizing broker-dealers and various forms of
alternative trading systems, including dark pools and electronic
communication networks. Exchanges compete with each other for the
dissemination of market data, which is used by different types of
consumers for varying needs, such as observing the overall trading
activity and price discovery.\23\
---------------------------------------------------------------------------

    \23\ See Jones (2018) for a discussion of the market data at
https://www0.gsb.columbia.edu/faculty/cjones/papers/2018.08.31%20US%20Equity%20Market%20Data%20Paper.pdf.
---------------------------------------------------------------------------

    The FINRA/NYSE TRF is one of the TRFs that are [sic] used to report
OTC trades in NMS stocks. Activity reported to the FINRA/NYSE TRF
constitutes a relatively smaller [sic] part of the overall trades in
the NMS market. In 2018, FINRA/NYSE TRF reports accounted for 5.06% of
all SIP-reported share volume and 2.41% of all SIP-reported trades. As
a percentage of aggregate TRF SIP-reported activity, the FINRA/NYSE TRF
accounted for 13.93% of the share volume and 10.92% of the trades.
Economic Impacts
    FINRA 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.
    The proposed rule change establishes the framework for the use of
FINRA/NYSE TRF data in products developed by NYSE while ensuring that
the dissemination of such data by NYSE is subject to the oversight of
FINRA. The proposed FINRA rule merely codifies this structure.
Therefore, FINRA estimates that there are potentially no material
impacts stemming from the proposed rule change.
    FINRA believes that the existence of alternatives to the NYSE
Trades feed (or NYSE BQT, through which FINRA/NYSE TRF data derived
from the NYSE Trades feed can be obtained)--including real-time
consolidated data, free delayed consolidated data and proprietary data
from other sources--is a strong incentive to NYSE to avoid setting
unreasonable or discriminatory fees. As noted in its filing, NYSE is
not proposing to amend the fees for the NYSE Trades and NYSE BQT feeds
in conjunction with this additional feature. Subscription to the NYSE
feeds is wholly voluntary, and members and other market participants
can elect not to buy any products that, in their determination, would
not add value or enhance their business model. As discussed above,
there are alternative products where FINRA/NYSE TRF data will continue
to be provided to the users of such data.
Alternatives Considered
    No other alternatives were considered for the proposed rule change.

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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
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 \24\ and Rule 19b-
4(f)(6) thereunder.\25\
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-FINRA-2019-007 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-FINRA-2019-007. 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 website (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 website 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 the

filing also will be available for inspection and copying at the
principal office of FINRA. All comments received will be posted without
change. Persons submitting comments are cautioned that we do not redact
or edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-FINRA-2019-
007, and should be submitted on or before April 30, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

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

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-06925 Filed 4-8-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 23, 2009 (Volume 74, Number 34)]
[Notices]
[Page 8136]
[DOCID:fr23fe09-127]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

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

Time and Date: March 5, 2009, from 12 noon until 3 p.m. Eastern
Standard Time.

Place: This meeting will take place telephonically. Any interested
person may call Mr. Avelino Gutierrez at<PHONE_NUMBER> to receive the
toll free number and pass code needed to participate in this meeting by
telephone.

Status: Open to the public.

Matters to be Considered: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Plan Board of Directors at<PHONE_NUMBER>.

    Dated: February 18, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-3921 Filed 2-19-09; 4:15 pm]

BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Rules and Regulations]
[Pages 64163-64164]
[FR Doc No: 2022-23022]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 147, and 165

[Docket Number USCG-2021-0833]

2021 Quarterly Listings; Safety Zones, Security Zones, and
Special Local Regulations AGENCY: Coast Guard, Department of Homeland
Security (DHS).

ACTION: Notification of expired temporary rules issued.

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

SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, and special
local regulations, all of limited duration and for which timely
publication in the Federal Register was not possible. This document
also announces notifications of enforcement for existing reoccurring
regulations that we issued but were unable to be published before the
enforcement period ended.

DATES: This document lists temporary Coast Guard rules and
notifications of enforcement that became effective or enforceable,
primarily between April 2021 and June 2021, unless otherwise indicated,
and were terminated before they could be published in the Federal
Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Yeoman First Class Glenn Grayer, Office of Regulations and
Administrative Law, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events.
    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Timely publication of notifications of enforcement of reoccurring
regulations may be precluded when the event occurs with short notice or
other agency procedural restraints.
    Because Federal Register publication was not possible before the
end of the effective or enforcement period, mariners were personally
notified of the contents of these safety zones, security zones, special
local regulations, regulated navigation areas, or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas, and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated. In some of our reoccurring regulations, we say we will
publish a notice of enforcement as one of the means of notifying the
public. We use this notification to announce those notifications of
enforcement that we issued and will post them to their dockets.
    The following unpublished rules were placed in effect temporarily
during the period between April 2021 and June 2021 unless otherwise
indicated. To view copies of these rules, visit www.regulations.gov and
search by the docket number indicated in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                                Enforcement
                 Docket No.                      Type of regulation             Location               date
----------------------------------------------------------------------------------------------------------------
USCG-2021-0232.............................  Safety Zones (Parts 147    League City, TX.........       4/17/2021
                                              and 165).
USCG-2021-0279.............................  Safety Zones (Parts 147    Port Fourchon, LA.......       4/21/2021
                                              and 165).
USCG-2021-0271.............................  Safety Zones (Parts 147    Wellsburg, WV...........       4/23/2021
                                              and 165).
USCG-2021-0268.............................  Safety Zones (Parts 147    Cleveland, OH...........       4/29/2021
                                              and 165).
USCG-2021-0265.............................  Safety Zones (Parts 147    Vilano Beach, FL........       4/30/2021
                                              and 165).
USCG-2021-0300.............................  Special Local Regulations  Seattle, WA.............        5/1/2021
                                              (Part 100).
USCG-2021-0310.............................  Security Zones (Part 165)  Lake Charles, LA........        5/6/2021
USCG-2021-0115.............................  Security Zones (Part 165)  Ocean City, MD..........        5/8/2021
USCG-2021-0256.............................  Safety Zones (Parts 147    Horry County, SC........       5/10/2021
                                              and 165).
USCG-2021-0342.............................  Security Zones (Part 165)  North Kingston, RI......       5/19/2021
USCG-2021-0359.............................  Safety Zones (Parts 147    Corpus Christi, TX......       5/27/2021
                                              and 165).
USCG-2021-0192.............................  Safety Zones (Parts 147    Sturgeon Bay, WI........       5/29/2021
                                              and 165).
USCG-2021-0080.............................  Special Local Regulations  Jones Beach, NY.........       5/31/2021
                                              (Part 100).
USCG-2021-0365.............................  Security Zones (Part 165)  Rehoboth Beach, DE......        6/2/2021
USCG-2021-0074.............................  Safety Zones (Parts 147    Elizabeth, PA...........        6/6/2021
                                              and 165).
USCG-2021-0328.............................  Safety Zones (Parts 147    Buffalo, NY.............       6/17/2021
                                              and 165).
USCG-2021-0413.............................  Security Zones (Part 165)  Newport, DE.............       6/18/2021
USCG-2021-0479.............................  Safety Zones (Parts 147    Detroit, MI.............       6/21/2021
                                              and 165).
USCG-2021-0471.............................  Security Zones (Part 165)  New Orleans, LA.........       6/25/2021
USCG-2021-0436.............................  Safety Zones (Parts 147    Richland, WA............       6/25/2021
                                              and 165).
USCG-2021-0216.............................  Special Local Regulations  Sunrise Beach, MO.......       6/26/2021
                                              (Part 100).
USCG-2021-0244.............................  Safety Zones (Parts 147    Port Long Island Sound..       6/26/2021
                                              and 165).
USCG-2021-0263.............................  Special Local Regulations  Hendersonville, TN......       6/26/2021
                                              (Part 100).
USCG-2021-0484.............................  Safety Zones (Parts 147    Alameda, CA.............       6/27/2021
                                              and 165).
USCG-2021-0486.............................  Safety Zones (Parts 147    Ingleside, TX...........       6/29/2021
                                              and 165).
----------------------------------------------------------------------------------------------------------------

    Dated: October 19, 2022.
M.T. Cunningham,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. 2022-23022 Filed 10-21-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Notices]
[Pages 50822-50823]
[FR Doc No: 2020-17998]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP20-503-000; PF20-1-000]

Northern Natural Gas Company; Notice of Application

    Take notice that on July 31, 2020, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, NE 68124, filed an
application in Docket No. CP20-503-000, pursuant to section 7 of the
Natural Gas Act and Part 157 of the Commission's Regulations
thereunder, requesting the issuance of a certificate of public
convenience and necessity to construct, modify, replace and operate
certain compression and pipeline facilities, with appurtenances,
located in various counties in Minnesota. All relevant information is
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the eLibrary link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Michael T. Loeffler, Senior Director, Certificates and External Affairs
for Northern, 1111 South 103rd Street, Omaha, Nebraska 68124, or by
calling<PHONE_NUMBER>.
    Specifically, Northern proposes to: (1) Construct an 0.80-mile-
long, 24-inch-diameter pipeline extension and an 0.63-mile-long, 24-
inch-diameter pipeline loop; (2) replace an 0.08-mile-long, 8-inch-
diameter branch line with an equivalent length of 12-inch-diameter
pipeline; (3) construct a new 11,153 hp gas-fired turbine greenfield
compressor station; (4) install an additional 1,100 hp electric-driven
reciprocating compressor unit at its Pierz Compressor Station; and (5)
construct various appurtenances, all located within Minnesota.
    On December 6, 2019, the Commission staff granted Northern's
request to utilize the National Environmental Policy Act (NEPA) Pre-
Filing Process and assigned Docket No. PF20-1-000 to staff activities
involving the Project. Now, as of the filing of this application on
July 31, 2020, the NEPA Pre-Filing Process for this project has ended.
From this time forward, this proceeding will be conducted in Docket No.
CP20-503-000, as noted in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to

the party or parties directly involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenters will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    As of the February 27, 2018 date of the Commission's order in
Docket No. CP16-4-001, the Commission will apply its revised practice
concerning out-of-time motions to intervene in any new NGA section 3 or
section 7 proceeding.\1\ Persons desiring to become a party to a
certificate proceeding are to intervene in a timely manner. If seeking
to intervene out-of-time, the movant is required to show good cause why
the time limitation should be waived, and should provide justification
by reference to factors set forth in Rule 214(d)(1) of the Commission's
Rules and Regulations.\2\
---------------------------------------------------------------------------

    \1\ Tennessee Gas Pipeline Company, L.L.C., 162 FERC 61,167 at
50 (2018).
    \2\ 18 CFR 385.214(d)(1).
---------------------------------------------------------------------------

    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://www.ferc.gov) using
the eLibrary link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments
in lieu of paper using the eFile link at http://www.ferc.gov. In lieu
of electronic filing, you may submit a paper copy. Submissions sent via
the U.S. Postal Service must be addressed to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426. Submissions sent via any other carrier
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on September 2, 2020.

    Dated: August 12, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-17998 Filed 8-17-20; 8:45 am]
BILLING CODE 6717-01-P


From:
Allen Dittenhoefer<EMAIL_ADDRESS>Sent:
Thursday, October 22, 2020 1:40 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Palma, Ted<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Woody, Matthew<EMAIL_ADDRESS>Cc:
Kaplan, Mary<EMAIL_ADDRESS>Subject:
BLP Buoyancy Parameters and Plume Heights

All,

I am re-sending the F' spreadsheet and the technical support for the buoyancy parameter and plume height calculations (see item #6  of the Enclosure document).  Feel free to contact me with any questions.  Thanks.

Allen C. Dittenhoefer, Ph.D.
Principal

Environmental Planning Specialists, Inc.
45 U.S. Highway 46 East
Suite 601
Pine Brook, NJ 07058
Direct:<PHONE_NUMBER> (Ext. 12705)
Mobile<PHONE_NUMBER>
<EMAIL_ADDRESS>www.envplanning.com

Proprietary and Company Confidential Information Subject to 40 CFR Part 2, Subpart B
<< Buoyancy Parameters BLP Plume Heights 092620.xlsx >>
<< ENCLOSURE - COETF RESPONSE TO EPA 082420.pdf >>


[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Page 4914]
[FR Doc No: C1-2013-00201]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68574; File No. SR-Phlx-2012-130]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Approving Proposed Rule Change To Amend Performance Evaluations With
Respect to Quote Submissions of Streaming Quote Traders and Remote
Streaming Quote Traders

January 3, 2013.

Correction

    In notice document 2013-00201, appearing on pages 1906-1907 in the
issue of Wednesday January 9, 2013, make the following correction:
    On page 1906, in the second column, the Subject is corrected to
read as set forth above.

[FR Doc. C1-2013-00201 Filed 1-22-13; 8:45 am]
BILLING CODE 1505-01-D


32 DATA EVALUATION REPORT 6/ 7/ 2001 Reviewed by: Chris A. Wozniak, Ph. D., Biologist, OPP / BPPD / s/ Secondary Reviewer: John L. Kough, Ph. D., Biologist, OPP / BPPD / s/ MRID No.: 452422 12 Active Ingredients: Bacillus thuringiensis strain PS149B1 ( NRRL B 21553) binary insect control proteins as expressed in maize Product Name: PS149B1 insect control proteins as expressed in maize ID No.: 068467 EUP G, 068467 EUP L, 029964 EUP R, 022964 EUP G Submission No.: S590323, S590337 Chemical No.: 006430 Bacillus thuringiensis PS149B1 proteins DP Barcode: D271578 Sponsor: Dow Agrosciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268. Authors: V. A. Korjagin, A. D. Ernest Testing Facility: Global Environmental Chemistry Laboratory  Indianapolis Lab, Dow Agrosciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268 1054 Study Titles: In vitro digestibility of PS149B1 proteins Study Date: October 6, 2000 Study No.: 000302 Conclusion: Pseudomonas fluorescens strains MR1253 and 1256 were used to prepare the 14 kDa and 44 kDa PS149B1 proteins, respectively, microbially as inclusion bodies. A simulated gastric fluid was produced to determine the lability of these proteins in an acid environment containing pepsin. The BSA positive control was rapidly digested ( within 1 min) and the   lactoglobulin remained intact for 60 minutes, as expected, the duration of the experiment. The 14 kDa protein was visible on the SDS PAGE gel at the 15 minute sample point, but not afterwards. It was detected on the Western blot, which has greater sensitivity, at the 20 minute time point, but not in later sample points. A band was also noted on the Western blot at approximately 30 kDa. This band was noted in an earlier study and considered to be the result of protein aggregation. For the 44 kDa protein Western blot, bands were observed at approximately 42 kDa and 14 kDa. A single band was observed on the 44 kDa SDS PAGE at approximately 15 to 16 kDa. These bands were only observed at the one minute time point, but not afterwards. It is concluded that both ICP proteins are susceptible to degradation in the simulated gastric environment and differ in their lability to these conditions ( i. e., the 44 kDa protein is more rapidly degraded).

Classification: Acceptable.

Good Laboratory Practices: This study was conducted in compliance with the Certification of Good Laboratory Practices as outlined in 40 CFR 160, with the following exception: the commercially available control / reference substances, bovine serum albumin,   lactoglobulin and protein molecular weight markers were not obtained / maintained under GLP systems. 33 Purpose: To determine the stability of the PS149B1 proteins in a simulated gastric assay.

METHODS Test substances  PS149B1 14 kDa  TSN102172 ( 54 % AI ( w/ w)), 44 kDa  TSN 102171, ( 37 % AI ( w/ w)). Test substances were obtained from the Test Substance Coordinator at DAS, 9330 Zionsville Rd., Indianapolis, IN.

Pseudomonas fluorescens strains MR1253 and 1256 were used to prepare the 14 kDa and 44 kDa PS149B1 proteins, respectively, microbially as inclusion bodies. The extracted inclusions were washed and lyophilized, then sent to the DAS Indianapolis Test Substance Coordinator. ELISA assays were conducted before the first experiment and after the last experiment to demonstrate that the test substances were stable over the course of the study.

Control substances  Bovine serum albumin was used as a positive control since it is known to breakdown readily in simulated gastric assays.   lactoglobulin was chosen because it fails to degrade rapidly in simulated gastric assays.

Reference substances  Molecular weight markers were obtained from Bio Rad ( cat.# 161 0324) and Novex ( cat.# LC5677) for use in SDS PAGE.

Test methods  Test and control substance solutions were prepared in equimolar concentrations ( 0.074 M) as follows: 5 mg of powder of TSN102172, the 14 kDa protein, was dissolved in 5 mL of sodium citrate buffer. 16.6 mg of powder of TSN102171, the 44 kDa protein, was dissolved in 5 mL of sodium citrate buffer. BSA ( 24.8 mg) was dissolved in 5 mL of water.   lactoglobulin ( 13.6 mg) was dissolved in 5 mL of water also. Simulated gastric fluid with a pH of 1.2 and containing 0.3 % pepsin was prepared according to the United States Pharmacopeia.

Control substance digestion  Time sampling of digestion occurred at 1, 5, 7, 10, 15, 20, 30, and 60 minutes at 37

C. After the 95 µ L aliquots of simulated gastric fluid ( SGF) were equilibrated to 37

C, 24.8 µ g ( 5 µ L) of BSA and 13.6 µ g ( 5 µ L) of   lactoglobulin were added to the tubes. At the time points above, 10 µ L was removed from each tube and added to 4 µ L of sodium carbonate to stop the digestion.

PS149B1 protein digestion  Test substance digestion was carried out similarly to control substances, but the SGF contained 190 µ L of volume and 10 µ g ( 10 µ L) of the 14 kDa protein or 33.2 µ g ( 10 µ L) of the 44 kDa protein were added to the tubes. At the predetermined interval, 20 µ L of each stock was removed and added to 8 µ L of sodium carbonate. For each set of reactions above, an undigested control reaction was run in which water was substituted for the SGF.

For BSA and   lactoglobulin, the entire sample was mixed with an equal volume of sample buffer to which fresh   mercaptoethanol was added. For the 14 kDa and the 44 kDa proteins and the undigested controls, samples were first diluted in water and then mixed with an equal volume of sample buffer. A single 4 20 % polyacrylamide gels was used to separate the BSA and   lactoglobulin samples and duplicate gels were run to separate the 14 kDa and 44 kDa protein samples. The amount of protein loaded into each lane for SDS PAGE was as follows: BSA  2.5 34 µ g,   lactoglobulin  1.5 µ g, 14 kDa  1 µ g, 44 kDa  2 µ g. The gels used for Western blotting were loaded with approximately 0.04 µ g of the 14 kDa and 44 kDa proteins per lane based upon analysis performed prior to digestion.

Following electrophoretic separation, one gel for each of the control substances and the two test substances ( 4 total) was stained with Coomassie Brilliant Blue. The other two gels, one for the 14 kDa protein and one for the 44 kDa protein were transferred to nitrocellulose membranes. Blots were blocked with Tris buffered saline containing 0.3 % Tween 20 and 5 % powdered milk. Polyclonal antibody raised in rabbits against the 14 kDa protein ( Strategic Diagnostics, Inc., lot # 200.526B 5) and the 44 kDa protein ( Strategic Diagnostics, Inc., lot # 200.526A 5) were used to detect the PS149B1 proteins. After washing the membrane, anti rabbit antibodies conjugated to horseradish peroxidase were used to detect the position of the immunoreactive proteins using chemiluminescent substrates and detection film.

RESULTS As expected, the BSA positive control was rapidly digested ( within 1 min) and the   lactoglobulin remained intact for 60 minutes, the duration of the experiment. The 14 kDa protein was visible on the SDS PAGE gel at the 15 minute sample point, but not afterwards. It was detected on the Western blot, which has greater sensitivity, at the 20 minute time point, but not in later sample points. A band was also noted on the Western blot at approximately 30 kDa. This band was noted in an earlier study and is considered to be the result of protein aggregation. It disappeared after the 1 minute incubation in the SGF as evidenced by a lack of reaction at the 5 minute sampling.

For the 44 kDa protein Western blot, bands were observed at approximately 42 kDa and 14 kDa. A single band was observed on the 44 kDa SDS PAGE at approximately 15 to 16 kDa. These bands were only observed at the one minute time point, but not afterwards.

The concentrations of the 14 kDa and 44 kDa proteins were too low to be detectable by Coomassie Blue staining. The undigested control for these proteins also failed to show on the Western blots. The entire study was repeated. The experiment was largely successful this second time, except that the 14 kDa undigested controls failed to show up in Western blotting. Left over samples were used from the freezer storage to repeat this portion of the study and the Western blotting was successful ( i. e., the 14 kDa protein was visualized by reaction to the antibody). The reasons why this failed to occur in the initial experiments is unclear.


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10475-10476]
[FR Doc No: 2015-04004]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1065-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Balko Wind, 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 March 11, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 19, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-04004 Filed 2-25-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23477-23478]
[FR Doc No: 2016-09226]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-121-000; PF15-28-000]

National Grid LNG LLC; Notice of Application

    Take notice that on April 1, 2016, National Grid LNG LLC (NGLNG),
having its principal place of business at 40 Sylvan Rd, Waltham, MA
02451,

filed in the above referenced docket an application pursuant to
sections 7(c) of the Natural Gas Act (NGA), and Part 157 of the
Commission's regulations requesting authorization to construct and
operate its Fields Point Liquefaction Project (Project) located in
Providence, RI, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
is available for review at the Commission in the Public Reference Room
or may be viewed on the Commission's Web site web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application may be directed to Andrea
Wolfman, Alston & Bird LLP, 950 F Street NW., Washington, DC 20004; by
calling<PHONE_NUMBER>; by faxing<PHONE_NUMBER>; or by emailing
<EMAIL_ADDRESS>    Specifically, NGLNG proposes to construct and operate one (1) new
20 million cubic feet per day (MMcf/d) gas pretreatment and
liquefaction system to convert natural gas delivered by pipeline into
liquefied natural gas (LNG). The liquefaction facility is designed to
enable NGLNG to provide up to 20,600 dekatherms per day (Dth/day)
liquefaction service at its existing LNG storage facility. NGLNG
estimates the total cost of the liquefaction Project to be $180
million. Additionally, NGLNG intends to undertake another project on
its existing plant site at the same time. A storage tank containment
enhancement project, called the Bund Wall Project, is planned to add a
reinforced concrete bund wall around the existing tank. Both of these
projects will be reviewed by the Commission in a single environment
review process which has been underway per the Notice of Intent to
Prepare an Environmental Document issued in Docket No. PF15-28-000 on
September 25, 2015.
    On July 2, 2015 the Commission granted NGLNG's request to utilize
the Pre-Filing Process and assigned Docket No. PF15-28-000 to staff
activities involved in the Project. Now, as of the filing of the April
1, 2016 application, the Pre-Filing Process for this Project has ended.
From this time forward, this proceeding will be conducted in Docket No.
CP16-121-000 as noted in the caption of this Notice.
    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made in the proceeding with the
Commission and must mail a copy to the applicant and to every other
party. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on May 6, 2016.

    Dated: April 15, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-09226 Filed 4-20-16; 8:45 am]
 BILLING CODE 6717-01-P